Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1866-02-08
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e Ivy inserting in your Constitution Az a penal
ty for disrcgardinE u the provision tbat tho
4 majority ofa State that denies he eauaI
J. rights OF the minority shall suffer loss Of
:, political power. ! 7
have endeavored to show that the word,
J. OF the Constitution, the people of "the
!, states shall choose their Rspresentativ y
c Is an express guarantee ihata majority NJ
j the Tree male citizens Of the United States
L IN every State ofthis Union, being of full
IS a9c, shall have the p)litcal power subject
20 ING equal right OF suffrage in the minority
g o. Tree male citizens Of full age. There Is
n Iurther guarantee in the Constitution, OF a
t tepuolcan form OF government TO every
. state, which take to mean that the major.
( ity of the free male citizens in every S,st,
g shall have the political power. submit n
/. my fIent that this proviso is nothing but
: penalty Tor violation on the pnrt of tbs
people OF any State Of the political right Of
, iranchlse guaranteed By tho Constitution to
, Their free male fcllow-ctizens ot fnIl ace y
Mr. ,HIGBY Will the gentleman Weld
Mf. BINGHAM. Most ch.errujlv.
Mr., iiiGBY. | ask whether under the
amendment We propose to adopt a. a part
OF the Constitniion oftbe United States. a
ciatc could not by virtue of the proviso
WnlHh It contains, have right to disfran
or color? '""'
Mr. BINGHAM. Fam sorry TIE zen.
teman did not notice wha. [ said before
he rose, for / think if he had he would NOT
nave made the inquiry | say tina. The pro
vlSo IS penalty, and nothing but De nalty,
Indicted on the State it its ruling class dis.
regard and violate the guarantees of the
Constitution Of the political right and of ali
the Tree people therein, being male citizens
OF the United States Of full age, 10 partici-
pate In the choica OF electors, by imposing
on any part, OF ono class special disabilities
not imposed on tho o.her class.
The guarantee in the first article Of. m,
second section ofths Conatitution riabtly
interpreted Is, as claim, this, thai tho
majority Of the male citizens of the JJnitod
States OF fulI age 10 each State shall forever
exercise the political power of the State with
this Limitation, that they shall never by chste
legislation impose disabilities uncn one cIas.
OF Tree male citizens to the denial or abriJy.
ment Of equal rights The further nrnvi.
sion Is that the United States shall guaranty
to each State republican form OF govern.
mant which means that the m ljnrity male
citzan OF full age in each State shali gov
eTn, not, howaver, in violation of the Con.
s'itnt!91 OF the Unitcd States or ofthe rights
Of the The minority
Mr. BaOMWELL. Task he gentleman
to let me ask him question.
Nr. BINGHAM. Certainly a'thonob;t
destroys he order OF my remarks.
Ar. bROMWELL | ask the gentleman
whether the pending amendment reported
from the committee does not, BY foro;ble
implication, if sanctioned by three fnurths
OF the State Legislatures, admit that ma
jority may disiranchise minority.
MIR. BINGHAM. As Ihave before sta.
ted, and beg the geHtlcman's pardon for
asking his attention to the fact that there
has not been such construction. in nv
opinion' OF law which imposes only pen
any, tor centuries, Il ever, in any country
where the common law obtains. Tho CON.
s;ruction insisted upon by the gentleman
amounts to this. that law which irficts
penalty. or works forfeiture for doing an
act, by implication authorizes the act to be
done ior doing which the penalty isinfiet-
ed. There cannot be such construction
of the proviso. It is penalty. IL syys in
term; that if any Of the States fthe Uni
ted states shal dlsobay the Constitution
that IT they shall make distinctions in Viola.
ton OF the second section of the first article
NJ the Constltutlon,. that as penalty such
otate shall lose political power inthis House,
against any part Of whom the. upiust. DIS.
elimination has been. made.
1t, therefore the State Of Sou,h Carolina
BY a violation of the Constitution shan sav
that white citizens only shall vote. thSreLy
the majority Of the free male ciri-
zens of the State because they are colored.
he provlso is, that then South Caroifa,
instead of having six Representatives man
his floor as she otherwise would have, shall
,nly have two. Is that not Just, if the one
hrd of'the people of that State disfranchiss
wo-thirds Of the trea peepIs Of that State.
I Is according to the spirit of the Constitu-
ION. Is 1t not just as compared with
ne gallant State of Vermont, State always
altbful to the Constitution, with three hun
lred ana twenty thousand white population,
Vhcn senas three Representatives? South
iarollna, according to the argument of gan
lemen, may violate the Constitution, NAV
loate every principle Of republican govern
nent, may by the act of minority denvuu
o!ltlcai rights TO the majority, anl yet for
olng SO the gentlemen who oppose this
meniment say than sne shall be entitled TO
TX Representatives Tor her two hundred
nd eighty thousand returned rebel white
ltzens, and thereby count two to one over
hermont with twenty thousand more white
opulatlon than South Carolina. To pre-
ent SO gross an injustice we propose the
enalty that no State, by denial of right
Q the majority on account of rsce1or color
hail be lowed to represent such disfrau-
hised majority of free male. citizens We
ay if State does this thing such a
tate shall be reduced in political power on
his floor, but sha!lnot be relieved from the
ayment OF taxes oa the Whole number Of
zee population. . 3D.. ,......... ..4fI.I'
You place upon your statue book a law
crime of murder with death.
'Ou do not ttheraby, by implication say that
nybody may, Of right, commit murder,
on but pass penal law. You do uoi pro-
lit murder in the Constitution; You
,aranty life 10 the Constitution. You do
Vt prohibit the abuse Of power by the ma. .
rity in the Consultation in express terms,
IT you guaranty the equal right of al free
ale cillzens OF tull age to elect Representa-
res; and by the proviso you infict penalty
BON State which denies or abriAses that
ght on account of race or color. -ln doing
lat We are not to be told that W confer
ower to override the express guarantees cf
a Nans}if,,t,.r q.