Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1865-10-07

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ddfessed by The District AuorEsy Of CO.
umbia county 10 the election officers and
,itizens Of that county, in relation to the
proposition TO disiranchise citizens of Penn
,ylyania who we're no, in their District at
The lime when certain enrollmenls and
drafts were made, and whom election officers
mieM dcci e 10 haze been abSeat 10 duoid such
drafts. The proceeding Of the District AttoI.
uey is folly sustained by the very concln-
sive atec men, Of Senator Buckalew, which .
We suhioin. /
Suffrage Qualification.
propose 10 examine and answer a ques-
lion which has been recently put into pub
lie debate, involving the construction OF
several acts of Congress, and the consliu-
tional relations Of this State with the Fede'
raj Government The question is, "Are
men drawn in the several U. s. drafts who
did not report for duty, disqualified as voters
al elections held by virtue of the Cons,ilu-
ton and laws OF this Sta,eF a further
question. connected with this, is, Are the
Stale officers OF election authorized by law
and bound by duty 10 examine the qus,iH
cation OF voter as a responding dfaed
man, and 10 reject his vote for deteiiclou
OF duly under the United Sales laws?
affirm Two propositions upon this sub.
iec Of inquiry, aud shaIl support them by
such arguments and authority as seem 10
me decisive.
The first is, that every qualification of
suffrage in PenhsyIvsnia, save natutali1s-
ton ol persons OF foreign tlr,h is fixed by
] ,k o. t,,,ttr nj 10 - md mt n A l..
ther the Legislature Of ,he Stale nor the
Congress of the uuiei States can change
those qualifications in he slightest psricu.
lar. The second proposition is, that the
election boards, or Officers of election, in
this State, are not auinorizsi 10 try or deter
mine any question whae,et uuder The draf!
laws OF the United States, uor 10 reject the
ballot OF any person offering 10 vo'e upon
the allegation that he is liable 10 disran-
chisemen, under those laws
|. Our State Constitution rroyidss, that an
eleclor must be q white freeman, twenty.
one years old or upward ajax payer, IN.
less between twenty Que aud twenty-five
years OF age resident OF the State lor one
year, uuless IN case Of fotmer citizen, re-
turniog, when six monlhs will srfiice and,
finally, resident Tor ten days OF the e'ec.
ton district where he of-rs to vote (dis-
lrct residence is not required OF soldiers in
public servce, under a recent am endment }
These are he qualifications OF suffrage
fixed by the people Of Pennsylvania in
their Constitution, and The whole of them,
to which nothing. can be added and from
which nothing can be taken away, unless
BY The same power which established
them. There ls but, one exec ptipn 10 tha
universal truth OF this proposition, and II -
found in The Constitution nt ths United
States, 10 the provision cOnferrinG authority
! Upon Congress 10 pass Uniform laws of ndi-
nralization. As lhis special power has
been vested in Congress with the assent
OF the State she prescrlbes no rnte tor the
naturalization Of foreigners Bat this is lhs
| single power, connected with suffrage Gnal.
/ ficalion al her elections, unexercised OF
unf egulated by her Constitution. Il follows
| that an ac, of the State Legislature or All
act 0: Congress, prescribing quaitical i'm
or creating disqualification OF suffrage a
Stale elections, must be wholly nnaulhor-
lied and void When it was desired to eS
tend suffrage privileges 10 our soldiers ah
sent in The lae war, the Legislature couIc
no, do il, and the State Constitution wa.
amended for the purpose. Aud as to Con-
gtess the case is still more clear. There Is
no sIauI Of power 10 Congress over So e
suffrage in the Federal Constitution Whict
fac, excludes all Ptelense OF its exIs-L CO
: Aud the express grant 10 Congress OF the
power 10 pass uniform laws of nsruraza
tlat, whicr. have relation 10 State sutifsge
is also Inconsistent with the prelenslon; to
the grant would not have been necessary II
powers relating 10 citizenship and suffrage
could have been i'm Piled.
Tho existing, current debates upor
suffrage in the South may be considered
10 thiO connection. The President hold 8
and holds truly, that the Government o.
the United States cannot determine the
rules Of suffrage in Southern State
The class of men called Radicals, holc
that it can ; but upon what ground =
Why, upon the ground that the so calles
States of the South are States no longe>
at least not States in the Uuion-bu
conquered territories, and as such, sub
ject to Congressional jurisdiction and in
reference as to suffrage and other ques-
tons. In brief, one party to the debat,
asserts, and he other virtually comedies
the doctrine above stated, Of the exclu-
sive power Of State in the Union &
regulate suffrage for itself. Clearly
then, by the common consent OF all par
ties, the position is established, tha
Congress cannot make the responding tC
a military draft qualification of suffrag,
in Pennsylvania or any other adhcrin.
State; and the act Of Congress Of 3D. o
March, 1865, supplementary to the Con
scription acts, must receive construc-
ton which shall conform to this view O
Congressional power, if its validity is t,
be maintained.
II. There is no power or right il
boards of election to investigate or de
termine question Of alleged disfrau-
chisement under the 2lst section of tn
said act oil 3d March, 1865; but on tn
contrary, they are forbidden by law t
enter upon such action. ...
/. State officers are not bound to take
/, jurisdiction under U. S. laws and eye.
cute them. Congress can charge u
e such duty upon them. This was held b
r the Supreme Court of the U. S., in tn
case of Prigg vs.. the Commonwealth q
Pennsylvania, to be found in the l6t
= volume of Peters Reports, and is tn
undoubtcd law Of the land. The Stat