The Portland daily press., 1866-02-13
Mr.. Sumner-Recon.truotion.

| VotOO PCT Uc0F tH 00SustSt'
Gs- Reading Matter on all Four Pages.
liH# Mr. Sumner-Reconstructio .,-. .
TO the Edstorof the Press. ..,. ..-.i.I 's....
1t has appeared to me that Mr.. Summers
position and purposes are Inexperienced by
many of his political friends. He advocates
the passage of the following joint resolution:
Whereas, 1t is provided that the Constitution or
the United States shall guarantee to every State in
Whereas, BY reason Of the ALLURE Of certain States
to maintain Governments which Congress recog-
nlze it has become the duty Of the United States,
standing in the place OF guarantees, where the prn-
cipa has made lapse, to secure to such States,
cording to the requirement of the guarantee gov
ernments republican in form; and
Whereas further, 1t is provided, in recent Con-
stituti0naA Amendment. that Congress may enforce
the prohibition of Slavery by appropriate legislation
ry should be removed, including all distinction of
rights on account Of color; ''@
Now, therefore, TO carry out the granting q re-
hibiti0n of Slavery, be 1t o3 taI sA3- asl
Resolred, by the Senate and House of Represen-
in Rebellion, there shall be oligarchy, aristocracy
caste or monopoly, invested with peculiar privileges
and powers, and there shall be denial Of rights
civil or POLITICAL account Of color race but all
persons shall be equal before the law whether In the
courtroom at the ballot-box; and this statute,
supreme law Of the land, anything in the Constitu
ton or laws OF any such State to the contrary not
| withstanding. I.-.s.. .t..., ifr,....
| If Congress has the constitutional authority
to pass this Resolution and does pass it, it be-
comes the supreme law of the land; State
Constitutions and laws must give way before
it. 1t viii be the law in every State and ter
ritory of the United States. So long as it
stands unrepealed it will be as effective, as
strong, as practical as if it were a provision of
| the Constitution ITSELF ,.. .s.,ft. ol,
There are only three questions aboutit-
| /, Is it authorized by the Constitution? aJsl
2 Can votes enough be obtained in Congress
to pass it? .sz.sr \, .sa.r.- WA 4,
8. Granting its constitutionalty and that
there is strength in Congress to pass it, is it
| expedient to make the attempt, considering
that it would be, after all, only law of Con-
gress, and thus subject to repeal? bigqv
I say there are only three questions,--fo
there can be no diversity of opinion, among
loyal men, upon the proposition that it is de-
sirable to provide against the establishment Of
of an Oligarchy or Aristocracy in this coun-
try, and to make it legally impossible that any
mans civil or political rights shall be denied
! on account of color or race. fc,els,
,o L Is the Joint Resolution authorized by
the Constitution? tssisssd ssf ictif g
| Upon this point Mr.. Summers argument is
absolutely unanswerable. No man who will
candidly read his speech can have moments
doubt. He proves by their words and acts, by
their speeches, letters, essays and Legislative
enactments, and by all contemporaneous his
tory, what was meant by the fathers by ere
publican form of government" 20
II. Can a sufficient number of votes be OBJ
tanned in Congress to pass the Joint Resolu-
ton? If not, why nota Are not more than
two-thirds of both branches Union men, Re
publicans, and Northern men? Is there o
single Northern man, who is loyal and re-
publican, who will vote against itp Is there
one whose principles or whose constituents
would permit him tovote against law max.
ing an otgarchical or aristocratical Govern
ment forever impossible in the United States
-one who would not prohibit, if he could, 9
denial of political or civil rights to men on ac
| COullb vi IdCC VI COlOI CIbdnly uOts L
there. is one man so false to republicanism--
all he has written or said or voted in thest
years of struggle-that he would permit al
oligarchy to be established, when by his vot.
he could prevent it, or allow a denial of civi
and political rights to men on account ofthei
color or race to be made perpetual when by {
single word he could avoid tiff there is one
such, say, the loyal people want to see him
The Resolution which Mr.. Sumner has in
troduced does not in any way conflict witt
the constitutional provisions in respect to tn
regulation of the elective franchise. 1t say
nothing about the qualifications of voters, bu
only provides that, whatever they may be
they shall be impartial-shall apply to all mel
alike-that they shall not be such as to nullif
the higher law of the Constitution which de
clares that in every event the State govern
ments shall be Republican. This they cleal
ly cannot be if founded on race or caste.
III. Is it expedient to pass such law (cor
ceding its constitutionality, and its eficienc
while it may stand) since it would be liable
be repealed? UP; sst- ..
l
ed, A grant of vital rights like these, cal
never be withdrawn. Such revolutions d
not 60 backward Even the rights of sufffag
once exercised by free colored people of tn
South could never have been taken from then
but for the fact of slavery. Besides, this Join
Resolution once passed, a law would be enaci
ed by Congress, (Which alone has jurisdit
ton of the subject) in reference to the recon
struction or restoration of the late rebt
States. These, as all allow, are out Of thel
"proper practical relations" to the general 60,
ernment, and Congress alone can restor
them. 1t will restore them when it can do S
wisely and safely. 1t may not obtain "inden
nifty for the pas" !" but it must have "securit
for the FUTURE" 1t will provide that all thos
States shall, as condition Of restoration
their old places in the Union, assent, either b
some act which viii be in the nature of con
pact, or by an amendment of their State Coz
stitutions, to the Joint Resolution, and ths
they shall take the proper measures to enforc
its requirements. When these conditions al
complied with, the States will come into the
old places. But if it is a valid objection to
: law wise, good and necessary in itself, that
is subject to be repealed, then no goodla
! ought ever to be passed. - s.s..-, ~
The law, then, is constitutional is wise
and will, if not repealed, accomplish its objee
, Let it be enacted. We may as soon expe
slavery to be restored as that the freedme
once enfranchised, can be deprived Of Il
rights of free men. The law can be passed
the Republicans in Congress, who believe it
be right in principle, will vote for it. If pas
. ed, it will be effective, and it win be perm'
nent. ,tH' $3.50 ai H-iF''.A h.e