The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-05-18
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Hon. John a. BinEhana. OF ohio.

4
having been made the subject of con-
siderable discussion, we have taken
from his mastery speech in the House
on Thursday week, prior to the passage
of the joint resolution reported from
the Committee on Reconstruction, OF
which he was member, the following
eloquent extract, which will be read
with profit and pleasure by his numer-
Gus friends. While Mr.. Bingham was
opposed to the third section of the new
article on grounds of policy, he voted
\ for it, but he believes that even more
stringent measures than that should
be adopted against the leading rebels /:
ST trust, Mr.. Speaker, that after the
roll shall have been called this day,
and the departing sun shall have g1ld-
ed with its last rays the dome OF the
Capitol, it will not be recorded by the
pen of the historian that the sad hour
had come to this great Republic which,
in the day of its approaching dissolu-
| ton, came to the republic of ancient
Rome, when it was said Caesar had his
party, Antony had his party, Brutus
had his party, but the Commonwealth
had nonel
lspeak to-day, Mr.. Speaker, to the
party that is for the Constitution; to
the party that is for the speedy restora-
| ton to their constitutional relations of
the late insurrectionary States, under
such perpetual guaranteesa as Will guard
the future of the Republic by the united
voice of united people against the sad
calamities which have In these late
years befallen it. .-5L ,...l
The necessity for the first section of
this amendments to the Constitution,
Mr.. Speaker, is one of the lessons that
have been taught to your committee
and. taught to all lthepeople fthts coun-
try by the history of the past four
years of terrific conflict, that history in
which God is, and in which He teaches
the profoundest lessons to men and ma
tions. There was want hitherto, and
there remains want now, in the Con-
stitution of our country, which the pro-
posed amendment will supply. What
Is that? 1t is the power in the people, the
WholepeOple of the United States, by ex-
press authority of the Constitution, to
do that by Congressional enactment
which hitherto they have not had the
power to do, and have never even at
tempted to do; that is, to'protect by ma
tional law the privileges and immuni-
sizes of all the citizens OF the Repuplic
and the Unborn rights of every person
within its jurisdiction whenever the
same shall be abridged or denied by
the unconstitutional acts of any State.
The second section excludes the con-
cluslon that by the first section suffrage
is subjected to congressional law; save,
indeed, with this exception, that, as the
RIGHT in the people of each State to a
republican government and to choose
their Representatives in Congress Is OF
the guarantees of the Consultation, by
this amendment a remedy might be
given directly for a case supposed by
Madison, where treason might change
State government from rePuohcan
to a despotic government, and thereby
deny suffrage to the people. Why
should any American citizen object TO
lthatP Bnt. sir, it has been suggested,
not here, but elsewhere, if this section
does not confer suffrage the need OF 1t
Is not perceived. To all such beg
leave again to say, that many instances
of State injustice and oppression have
already occurred in the State legislation
OF this Union, of tlagrant violations of
the guaranteed privileges of citizens OF
the United States, for which the national
Government furnished and could fur-
nish by law no remedy whatever.
Contrary to the express letter of your
Constitution, ''cruel and unusual pun
I.ishments'' have been inflicted under
State laws within this Union upon ctti-
zens, not only for crimes committed,
but for sacred duty done, for which
and against which the Government of
the United States had provided no
remedy and could provide none.
Sir, the words of the Constitution that
"the citizens of each State shall be en-
titled to all privileges and tmmunttieS
of citizens in the several States" include,
l.among other privileges, the right to
bear true allegiance to the Constitution
and laws of the United States, and to be
protected in life, liberty, and property.
Next, sir, to the allegiance which we all
owe to God our Creator, is the allegiance
which we owe to our common country.
Upon the third section ofthe amend
ment gentlemen are divided upon this
side OF the House MS we'll as upon the
other. II is provision that until the
year 1870 all persons who voluntarily
adhered to the late insurrectlon giving
it aid and comfort, shall be excluded
from the rightto vote for Representa-
,tives in Congress or for electors for
President or Vice President ofthe Uni
ted States! This section imposes no
other or further disability.
IVenture to say that by the very letter
and intendment of the Constitution of
our country, the great seal of State, duly
orRaIiZed and exercising its functions
within this Union touching the appoint
Lnent OF electors for President and Vice
President of the United States, is final
and conclusive upon Congress, except
when the certificate shows that the elec-
tors were sppointed on day other than
that prescribed by the constitution or
the laws. The constitution has pro-
viGled that these electors shall be ap-
pointed by each State in such manner
as the Legislature thereof may direct;
that the Congress may determine the
time of choosing the electors and the
day on which they shall give their votes,
which day shall be the same through
out the United States, and that the cleo
tors shall certify their action.
Ifthe State and the electors certif1-
Gates show that all these provisions
have been complied with, Congress can
not go behind them and inquire who
voted for the electors. If, on the con-
trary, the certificate from any State
liscloses that the electors did not meet
on the day prescribed by law, as was
the fact in the Wisconsin case, to which
the gentleman from Massachusetts Mr..
Banksl refer red; of conrse the Congress
could reject the vote from that State;
but where the certificates are regular,
where they show due appointment of
electors, that the electors were chosen
on the day prescribed by law, and met
and voted for President and Vice Presi-
dent on the day prescribed by law, Con-
gress cannot go behind the certificates;
neither can the Two houses of Congress,
| in joint convention or separately, in
vestigate the question. The appoint
ment of electors for President and Vice
President of the United States is theact
of State, and not of individuals.
lttEach State shall appoint says the
| Constitution; therefore the act can be
l evidenced only by the certificate OF the
State officfaIs, under its great seal,
which imports absolute verify. How
could Congress say the appointment
was not the act of the State against the
certificate and seal of the State?
The namarka of some gentlemen. tn