The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-12-15
question of its ratification under existing au-


country, and to the cause OF free constltu-
tional government. In the mutations OF hu-
man affairs, and the conflict of interest and
opinion that may arise in the future history
of this great and widespread nation, the
time may come when changes OF the Federal
Constitution may be made in derogat1on OF
the rights and interests OF other parts q the
Union In so grave matter too much pre-
caution cannot be used. The Constitution
is the basis Of our liberties. No true Amer
lean has ever ceased to regard 1t as peculiar
" sacred as well for its own intrinsic excel
lence. as for the exalted character OF its pat
riotic founders. And it should never be Tor
gotten that those good and great men, insplr-
ed bv lofty deeds, in Il spirit of forbearance,
Cancellation and compromise and IN the eX-
ercise of an enlightened craftsmanship,
framed this great bulWark of civil and re-
liniors liberty Even those who are called
''re1cls," have never spoken lightly OF IT.
The affections of all sincere lovers OF liberty
Irvine around it. like ivy around some hal
lowed shrine where the heart pours forth Its
pr0fUundest devotio'ls.
Many of the prominent questions OF the
pres, ut time are OF temporary interest only,
and will soon be forgotten; and with them
will pass away the passions and hate winch
they have cnmcntlcred. But the Constltu-
t!un was made for all ages. For peace and
for war All patriots VIII unite i'll the hope
that its majesty and symmetry may not he
married by the incorporation OF amendments
shaped amid the eXcitcments OF these ten-
pestuous days and made part Off through
methods OF proceeding which are nasty and
ill-considcrcd and unwar,anted by the pro-
visions Of the instrument itself.
Proceeding, more IN detail. TO the merits
of the proposed Amendment, the Commit
tee have confined themselves 10 Its most
prominent features.
In the first section 1t is provided, that
''n0 State shall MAKE Or enforce any law
which shall a!,yil4e the j,":ct!cg@% ~ iHamHni
ties OF citizens OF the United States" What
those privileges and immUrit!cs are, Is not
defined Whatever IS had only 20 s:lch priv
iieges and imnunities may be supposed
now to exist, OF to All others which tile Fed
eral Government may hereafter declare to be
long to ii, or may cil0nSs 10 grant to citlZens
Is lttt IN doubJ. though the latter construo-
tions seems the more natural, and is one
which that Government could at any time
insist upon its correct AMI entirely consistent
with the language used. With this construc
ton placed upon Il. what limit would re
main to the power of that Government to
interfere in the internal affairs OF the States?
And what !,euomcs OF tie right of Il State TT
regulate its domestic concerns in its own
way ? Whatever restrictions any State might
think proper. for the general good TO I'M
pose upon any or all Of its citizens upon
declaration by the Federal Government that
such restrictions were an ahr!d%mrnt OF the
privileges Or immunities of the citizens of
the Union. such State laws would at once be
annulled. For instance: the law OF North
Carolina forlids the intcr-marriage of white
persons and negroes. But if this amend
ment be ratified, the Government OF the | nj
ted States could declare that this law,
abridge the privileges OF citizens. and must
not be enforced and mlscegcnation would
thereupon be legalized in this common
wealth. Grant that such action on the part
OF the Government would MOI be probable,
still it would be possible; and its bare pos
sipility sufficiently excmplties the bound
lc>>nesS OF the powers which the Amendment
would confer on the Federal Cover ment.
The power to regulate suffrage has al
ways been claimed to belong TO the several
States, and it is thought by some, that this
point is securely guarded by the provisions
of the second section Of the proposed Amend
ment but a slight inspection will reveal the
fact that the power OF the States to regulate
suffrage is by no means expressly recognized
therein nor Is their right TO deny or
''abridrc" the franchise distinctly set forth
The provision touching the matter merely
declares that when the right to vote. Of any
male citizen tWenty-One years old is deni
ed or abridged" the itsis u representation
shall be reduced il any State where that
the power to deny or ahIidge the right to
vote. II the power OF a Sts'te over this sub
iCct. Is recognized at ali, il is only by impli !
cation, and an inpiicatian, TOO. which is
conveyed solely III tha language used for fix
ing Il penalty upon the exercise OF such pow /
CT, and without saying whether it, exercise |
may not hereafter be prohibited. No exclu- |
sive right, nor ayen limited right Ola State /.
il tie premises l. expressly admitted. but !
q +
With the right of Il State thus lett doubtful !
suppose the Federal Government, in the OK !
ercise of the power already spoken OF as con- |
tered by the first sec .Dn Of the amendment |!
should think proper to declare that the right |!
to vote is on" OF the ''pri"icrc9' and - i'm
do except 10 yield the point, and what !
would prevent uaivcr~a! suffrage from being !
at once inauguratcd Nothing
The founders OF our poIisy left the manage |
ment of niunicip1! affairs, and the protection |
"a the ordinary personal and property inter
esi5 OF t:le citizens of the States 10 the States
Themselves, uncontrolled i,y the supervision !
Or interference Of the Federal authorities; /
because they rightly judged. that as the ,
welfare OF the individual citizens was most |
intimately connected with the welfare Of his |
State, his interest could he most safely trust |
cd to the protection OF his State. The dan
:eGous innovation involved i'll the clause of
the Amendment row under review, coupled |
with the final section, giving Congress = pow
er to enforce all the provisions oi this article
by appropriate iegislation,' consists in the
fact that 1t authorizes the Federal Govern
ment to come in as an intcrmeddler. between
Il State, and the citizens of the st ate, in al
most all conceivable cases,-to supervise and
interfere with the ordinary administration of
justice in the State Courts, and to provide
has to some extent been already
done in the Civil Rights Bill,-to which an
unsuccessful litigant, criminal convicted
in the Courts ofthe State, can make complaint
that justice and the equal protection of the
laws have been denied him, and however
groundess may be his complaint can obtain
il re-hearing Of his cause. The tendency of
all this to break down and bring into con-
tempt the judicial tribunals Of the States, and
ultimately to transfer the administration of
justice both in criminal and civil causes, to
Courts of Federal jurisdiction, is too manifest
to require illustration.
CONCLUSION IN OUR NEXT.
T,ooo, e, a., bo1,o Ioo,,