Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1865-11-23

H. But the second grand inquiry, and
we confess by far the most embarrassing
one, remains 10 he considered, that is il all
the functions and powers of tho states re-
main the same as before the rebellion, what
benefit are we to derive from all this expen-
| diture of blood and treasure? This Is a
| question often put, and one which carries
| great weight far greater than it is entitled
10 have, IN many instances But we do
| not fear its application 10 our own views
| We feel that we have already stated great
benefits resulting from the war, in that il
has settled the true relations of the state
and national authority, and we think the
war may fairly be regarded as having con-
/ clusively determined many other questions.
l. II seems to us that the national gov
crnment may fairly claim that the war has
/ determined the truth, that slavery is incom-
| patlble with the successful operation Of our
complicated form of government. We
! think then, that the nation may now fairly
/ say TO the states, where slavery has hith-
1 crto existed, that the war having fully es-
tablished the point, that slavery is fatal
hindrance, in the way of the just operation
/ of the national government, that it must be
! So treated, and etiectually abolished by the
states. This it is evident the states are all
ready to acquiesce in. There seems to be
no resistance on this point.
?. As the representative Of the national
! government, IL called upon 10 arrange the
| matter OF restoration with the states, where
the rebellion existed, we should feel bound
to insist that they should, in some reasona-
| Bile time, and in their own mode, take steps
To form new state constitutions wherein all
the population should be fairly represented
| This we do not consider at all the same
thing, rs demanding Negro Suffrage. We
do not comprehend how the national gov
| eminent have anything TO do with that
| question. The national constitution for
maly recognizes that as an inherent and
| unSurreudered state right This is done by
the fact of defining the electors OF members
! of the House OF Representatives as identi-
cal with the electors of the most numerous
branch of the several state legislatures.
There is now no other mode of defining, or
determining the electors of representatives
in the national legislature. And if the
. United States Constitution, in express
terms, refers the qualification of its own
electors TO the action of the state, it will be
idle if not absurd to attempt 10 argue that
there is any fair mode in which the national
government can assume to control the cleo
tive franchise in the states. Every fair
minded lawyer, who has had much expert
ence in the construction of statutes, or con-
situations or contracts even, must perceive
at once, that this is a question, which adj
mlts of no fair argument, with sober
minded men. The elective franchise, and
the right of defining it, is one of the fun
damental powers of all free government,
one, which cannot be taken away, except
by the cleareSt concession, without the utter
humiliation of the very first principles of
national liberty. And he must be a bold
man, who would assume to claim, that the
states have ever coded this to the nation
The truth is, as already shown not only
that the states did not concede this (Which
by express declaration of the national con-
stitutiOn is equivalent to q formal reserva-
tom but on the contrary the nation has
conceded it to the states, and built its own
elective franchise upon that of the states
We are disposed TO consider this point more
in detail because there seems 10 have ex-
listed difference of opinion, among expert
eneed and prudent men, in regard to it, and
also because ii seems to us, that it is eX-
tremely desirable, that some legitimate
function in the government should. if pos
| sible, be secured to the blacks The very
fact thar they are an inferior and dependent
race, and but recently in the bonds of the
most abject and CALLING slavery, renders it
the more indispensable, that their defence
less and dependent position should be
hedged round, with all possible defences.
against their future abuse and enSlavement.
But this cannot be done, in violation of ex-
press law. The fact that the national gov
4 s---s 5000 J. 10, 4 ~
is the more reason, why they should set a
worthy example of prudent reserve and
caution, not to usurp powers not conceded,
and above all not to arrogate TO themselves
powers expressly denied to them, and con-
ceded to the states, in the very charter un-
der which alone they have any existence, or
power of action.
1t is no doubt true, in the light of present
experience, that the control of the elective
franchise lnoSt 50 far tho national
elections are concerned, might properly
enough have been secured to the national
government. We may even go farther, no
doubt, and argue with great propriety, that
retaining it to that extent is almost indis
pensablc TO the fair and just maintenance OF
the paramount national sovereignty. But
all this proves nothing to the main inquiry
whether, in point of fact, this power was
conceded to the national government. Fol
if not, any argument for its necessity is
l useless, since there is an express provision
5 against the assumption of merely cou6truc
, tive powers by the national government
All, that is not expressly, Or by fair impl
I cation, conceded to the nation, is in expires!
e terms, reserved to the states respectively Oh
+ to the people. "And in this instance there
is an invincible barrier against all argu
}, ment, in favor of implication, in the fact
: that the electoral franchise in all natiOna
$ state, in which the election is held. Thi.
may seem singular or absurd even, but it i,
, nevertheless fact, which all the waters O.
9 the Nile will not wash out or obscure. The
1 more we cry ont against it,, the more W.
= convince the states and the world, that w,
A do not intend to abide by the compact, un
der which alone we exist as q confcderateC
: nation of states. And when that comes tC
, be suspected even, TO any general extent
e there must ensue that loss of mutual conf
e dence and respect which will be fatal
: either to peace, or to liberty, or to both
i We hope, and believe, that such distrust ant
t jealousy between the state and the nation
i so far as founded upon any just cause, i
e far distant, We may justly say in regarC
i to it with the Latin poet
= 'Procul, procul, este profani
t If then there is any just and proper mod
} of securing to the blacks that agency AM
+ voice in the government which seems s.
c desirable to their proper protection in thei
n present defenseess position, we must lool
|, beyond the general law of the elective fran
Il chise IN the state and municipal elections,O
r even as to national elections, since this de
Y | pends exclusively uDOn state authority