Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1866-01-18
The Power of Congress to Regulate
the Suffrage

/ SobhS bHo Oii DolOIo LHo hOuSe, J0
speaker referred to the fact that Presiden
johnson was favorable to its passage H
was glad of this but could not permit Al
opinion expressed by the President in hi
annual message, on the suffrage question
to pass unrefdted. The President ha,
said: at Is not competent for the Gen
"eral Government to extend the electiv
franchise in the several States" Th
view of the President on this subject ha
been acquiesced in by many well-informet
persons, yet its unsoundness is made ap
parent by the following clause of the Fed
eral Constitution, found in article first
section fourth:
1.-THE times, places and manner Of hold.
ing elections for Senators and Representa-
tives shall be prescribed in each State by
the Legislature thereof; but the Congress,
may at any time, By Eatv, make or alter sucI
regulations except as to the place of choosing
Senator's"
Thus it viii be seen that Congress pos
sesses full constitutional power to enlarge
the suffrage in the States, so far as
the election Of Senators and Repre-
sentatives in Congress is concerned. Mr..
Kelley quotes from the debates in the vir-
ginia Convention which ratified the Con-
atitution of the United States. During the
discussion of the Constitution by that body,
Mr.. Monre asked of Mr.. Madison&who
had also been member of the National
Constitutional Convention" information
respecting the CLAUSES concerning cleo
"tions." Mr.. Madison replied that ait
twas necessary to give the General Gov
"ernment a control over the time and
I manner Of choosing the Senators, to pre-
"Uent its oCn dissolution" The exception
in regard to "place" was made to guard
against the liability to AZ upon SOME point
other than that chosen by the State for the
assembling of its Legislature. Mr. Madi-
son added, in regard to the election Of
Representatives, that
at was thought that the regulation of the
time, place and manner of electing Repre-
sentatives should be E7siform Throughout the
continent. Some States might regulate the
elections on tie principles of equality, and
others might regulate them otherwise. This
diversity would be obviously unjust. Eleo-
tions are regulated now unequally in some
States, particularly South Carolina, With re-
spect to Chaflesl6n, Which has representa-
ton of thirty members. Should tie people
Of any State by any means be deprived of the
right Of suffrage, IL t0as judged proper Hot il
should be remelied bytae 9essFdl Go6sT1i5sent.
It was found impossible to fix the time and
manner of the election of Representatives
in the Constitution. 1t was found necessary
to leave the regulation of this, in Ms ,ff.st
place, to the State Governments, ,as being best
acquainted with the situation Of the people,
subject to the control of the General Gouerf-
meHt, in order TO enable It to produce Uni
formity and prevent It's own dissolution
And considering the State Government and
General Government as distinct bodies, act
ing in different and independent CAPACITIES
for the people, it ives Thought tie particular
should be sGbhitted 10 the for
mer and the general regulations to the lat
ter. We're they exclusively under the control
Of the State GoveTnmeHtsthe General GoUerH- |
z1ent might easily be dissolrsd. But iftheY be !
properly BY the STATE Legislatures, |
the Congressional cotpr0i t0iU Uery probably |
asUer be exercised. The power appears to me |
and as unlikely TO be abused as |
any part Of the Constitution"
Here we have not only the best Of e5h- |
authority for comforting upon
The freedmen of the South that suffrage |
which is theirs by virtue of services rem
iered in the national army, as well as by |
.he universal principles of justice, But the |
L
strongest possible realization, By one of the
Trainers of the Constitution, of the whole
doctrine of Estate Rights" as advocated
by the Democratic" party of the present
day. s rFt 7H
In the absence of such provision in the
Constitution, it would be the duty of Con-
Zress to introduce an amendment. In the
presence of such d provision, II is miami
testify the duty Of Congress to exercise the
authority it confers. Without stopping to
inquire what are the universal and in
rights of manor eanVassing
the claims of all classes to suffrage in d
country possessing d free government
we do not hesitate to declare that this ma
ton would be guilty of great polit-
ical crime, as well as the basest ingrati-
tude, if it should continue to withhold the
suffrage from men who have fought in its
defence. No man, be he an unnaturalized |
alien or newly-enaneipated slave, who
has periled his life in the military service
of the country can in justice be denied
voice in the administration of the govern
ment nor would any but pru-slatery reb-
els and rebel stmpathisers advocate such
political baseness. e