New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1866-02-10

vate9 nv SIory how to use their powers III noble,
says be- "injure plebean justify hin ny all possible
bat should that be found quite iwrossble pun
ish more in appearance than in reality IL peoeian
insult noble punish him with the greatest severity
that the commonaty may know how perous it Is to i
sgt noble Sarp 0s mo- PEI P Pne sa DOWN in
document, which taught how to make the power o.
Venice perpetual But this same spirit predominates
still in the Rebel States 1t rage: there Win NOR sr iy
is the government which now claims recognition u
The pretenson thus organized is hateful on another
ground. 1t is nothing less than Caste, which Is az
once irreligious end unrepubcan. Caste cannot e1
ist except in defiance Of the first principles OF Ohist
anty and the first principles OF RepnUlc. ~ /.
Heatheni SID in religion and Tyranny IN governments
The Irabmins and the Sudras in India, from genera
ton to generation have been separated. as the Two
races are now separated in these States III shars
presumed TO sit on Brahmns carpet be was pnnisneu
with banishment. But our recent Rebels undertake 70
play the part OF Brahmins, and exclude citizens win
better title than themselves from essential lights simply
On the ground OF Caste which according to its Portu
gnese origin cdstd is only another term FOR race.
But this pretenson Is IN yet other respects hostile TO
good government. II Is essentially Monopoly In a
county which sets its face against all monopoies
equal and immoral. II any monopoly deserves un.
hesatng Judgment II must be that which absorbs the
rights Of others and engrOsses political power. How
is condemn the petty monopoies Of commerce
and then GLOW this vast, ailembracing monopoly Oh
Human Rights.
government cannot be considered Republican In
FORM" Call it an Ogarchy. call it an Aristocracy,
call 1t Caste call it Monopoly; but do not call 1t
Republic.
DUTY OF CONGRESS.
OF course such q government exist only In deh'
ance OF the Constitution and 1t is the duty OF Congress
to interfere against it, President Johnson In his an
nual message says In case OF the ursupati0n OF the
government Of State by one man or an Ohgdrchy II
becomes duty OF the United States to make good the
guaranty to that State of Republican form Of govern
ment." The President forgets to mention Aristo-
crscy and does not add what is true that the authority
which mus, make good ii, the guaranty j. the sole Judge
Congress, whose powers are commensurate with the
occasion In aid of the guaranty" clause are those
other words in the Constitution, providing that Con:
be necessary and proper for carrying into execution the
powers vested In the Government Of the United States
Under this ample provision there Is duty to be per
formed. by any means which may seem BEST The juris
diction 10 complete and In Congress II any authority
FOR this proposition were needed It you'll be fOuSd the
Court OF the the United States:
Tbs fourth section Of the fourth article ofhe Constitution Of
the United States provides that the United States shall
tee TO every State the Union Republican form OF
ment protect Of them .gsnst
the application Of the Legislature Of the Executive when
"Undy mh artiek Of he COn,,tuion ,nt ,ih Consre'
70 dsde chat ooronmsn ia the e'tdbited IN State
Far NE United Stat guarantee each State Republican
gonT.st co,g, NUT sse.a,g Se..ss %a, r,
Republican NOS" Il Howard Rep, q, Luther " Bovden)
In the exercise Of this power two courses are open.
One Is to impose rrepealabe condition upon the I'M
republican States requiring them, before recognition
70 reform their governments to the satisfaction Of Con-
gress The other and direct course Is by ACT Oh
Congress in performance Of the guaranty" and ac
cordng 10 the penary authority for carryfog into er
ecution the powers vested In the Government OF the
United States" 10 provide all needfu safeguards, and
especially to place the Equal Rights OF all under the
| guar dianship OF National Law.
Against The exercise OF this power there are but two
arguments: First thst the Constitution, by providing
that the electors In each State shall have the qnd
cations requisite for electors OF the most numerous
branch OF the state legislature has reserved to each
State the power of excluding citizens merely on account
of color though constituting more than majority
certain States at the North have disanchsed the few
colored persons within their borders, the United States
are 90 far constrained by this example that they can
not protect the millions OF freedmen in the Rebel States
from Acknowledgement and cannot save the Republic
from the peril Of such crying injustice know not
which OF these two arguments Is least reasonable
or rather which Is the most reprehenslole Ihey are
both unreasonable and both reprehensibe. They beth
do violence TO the true principles OF the CONSTITUTION
| II not 10 common sense. .
1t 10 true that according 10 the text OF the Constitu
ton each State may determine the qualifications Of
electors but this have application to an exgency
like present where AZ the close OF prolonged and
desperate rebellion. the United States are obliged TO
guaranty 10 certain States Republican form OF govern
mont In the performance OF this guaranty" TIE
United States look only at tho essential clements OF
sueb government; more nor less; without regard
to State laws But. am not willing TO rest the argu
eIt here Even assuming that there has been no lapse
OF state governments so as to orng the "gnaitany
ssurcd peacethen utterly deny that the power TO de-
termine the Qualifications" of electors can give any
poyer 10 disfrauchise actual citizens Ii is qualifca
lions only which the States determine meaning
by this limited term. those requirements Of personal
condition which are regarded as essential to the seen
rity of the franchise. These qualifications cannot
be- in their nature permanent or insurmountabe Color
cannot be qualification. any more than size or the
quality Of the hair A permanent or insnrmonntaole
qualification is equal deprivation Of tle suffrage
in other words it Is the tyranny Of taxation without
representation, and this tyranny 1 insist. Is rot
to any STAT Mr. Of Mason when Offending h
National Constitution IN the virginia Convention he
said:
Of Equality aud others might regulate them otherwise
Should the people Of state by any niean BE- depted
de ss Of uts sn:,a Ca. 1nssSf '' ~ the ecOn
be- regulated properly By tho state Legislatures, the Con
eos 1onC m to ' BE- Satisfactory and Unlikely to be
abused any part Of the Constitution. debates
vol ILL.,. p. 3i'.
With these decisive words from one OF the chief
trainers of the Constitution backed by the reason oil the
case dismiss this objection to the little consideration
il deserves. And dismiss 10 tho same indifference
that other objection that hands tied because
certain Northern States have done wrong and mean
thing Pray. sir. how can the failure OF these states
affect the power Of Congress IN great exgenoy under
ihe Constitution Of the United Statese But duty on
The present occasion is identical with power. No mat
ter II this power has been long dormant it lie none The
less vital. It is like that sumbering statnte which
Cicero describes as sword in the scabbard, tdnqudm
glaaius IN ragina. 1t only remains that 1t should be
drawn forth.
This duty has been fortified by the Constitutional
Amendment which after providing for the abolition OF
Slavery empowers Congress to enforce" 1t by ap
proprte legislation" Clearly under these words Con-
rress NAV do what in its discretion seems appropr
70 this end and there is power 10 call its action
in question On this point the authority Oh tue Su
nreme Court in the mastery judgment OF ChieiJ
Marshall, is most explicit;
"The government which bass right 10 do au act and has
On the duty OF performing that act must according
90 on., of ,,son sllow ed select the means and
tbo.. Who contend that select any appropriate
n,a, that one par cu mode Of efecIina tie object ex
cep.d tale upon the burden OF esabhns that