The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1866-12-13
G. O%TRIB UTORK.aA.
CONGRESSIONAL PLAN OF SUFFRAGE.

The Constitutional right of our Representatives
to be admitted to their seats in Congress is as un-
doubted as that of our Senators, and as both rest
upon the same grounds, our remarks in our issue
Of last week apply to the as we'll as to the 9th
er. We therefore refrain from further discussing
The point knowing full we'll that it is useless to
argue constitutional points with the dominant par
ey, and that the appetences Of that party are to-
wards total rejection of all constitutional hmita-
tions. Radical theories are solemnly propounded
es the supreme law of the land, and where the
Constitution forbids the recognition and enforce
ment Of such theories, that instrument is either
oontemptuously set aside, or, as fur as possible
amended to cover their theories. Having succeed
ed during the last session of Congress IN prevent
ing our Senators and Representatives from taxing
their seats, the Republicans advanced one step
farther, and in their profered amendment to the
Constitution, assumed for Congress constitutional
right to regulate the right of suffrage within the
States Of all their invasions Of the constitution
al rights of the States this is the most palpabe,
arrogant and untenable. Just so far as the Con-
stitution asserts any control over the question OF
suffrage, that power has been exhausted in the in
ssrument itself, and establishes constitutional
qualification which may not be abolished or alter
ed by Congressional enactment.
The Constitution says: s'The Electors in each
State shall have the qualifications requisite for
Electors of the most numerous branch Of the State
Legislature" Article 1.-Section 2. Does this
clause Of the Constitution pretend to fix the right
OF suffrage in State? So far from it, it clearly
RENTS the whole question to the authority and ao
ton Of the State If Massachusetts, permits ne
eroes to vote for Representatives to her Leglsla-
ture then tho constitutional right Of the negro to
vote for aer Representatives to Congress is estab-
.lished beyond doubt. But his right to do SO is
conferred, not by the Constitution or by Congress-
for both are powerless to confer the right but by
ection Of the State ITSELF in declaring him citi-
zen and enfranchising him. AS the right of suf-
frage is regulated by each State for itself, the
qualifications of voters are varied the egisa-
tion of the different States. In South Carolina,
ell free white men, native born or naturalized, Of
the age of twenty-One years, are recognized as
citizens, and are alone entitled to vote and hold
Office. She does not, in political sense, recog-
nize the Negro, Indian or Chinaman as citizen,
nor authorize them to vote for her members of the
Legislature; if not, then by the express terms Of
the Constitution of the United States, they have
no right to vote for her Representatives to Con-
gress. Her action is as final and conclusive as
that of Massachusetts, and there is no appeal from
che decision of either of them. Massachusetts
has declared the negro citizen and entitled to
vote. South Carolina has decided to the reverse,
and Congress is as impotent under the Constitu-
zion to compel Massachusetts to disfranchise the
negro as it is powerless to enforce South Carolina
70 enfranchise him. The members of the State
Legislatures are the constitutional electors to
choose q. s. Senators, and will any cne pretend
that Congress has the right to establish the quail
acstions of members of the State Legislatures
And yet, why not, if it has the right to say who
ahsll vote for Representatives Section A. Article
]. Of the Constitution reads thus; 'The times,
pisces and manner of holding elections for Sena-
tors and Representatives shall be prescribed in
each State by the Legislatures thereof; but Con-
Gross may at any time by law make or alter such
regulations, except as to the places of choosing
Senator's" which article, the Radicals assert,
vests in Congress the power "to make or alter by
law such regulations as shall be prescribed in each
Etate by the Legislatures thereof as to the manner
of electing Senators and Representatives" This
IL o barssaced assumption. The clause has
NO reference to the qualifications Of voters within
the States, but applies simply to the formaities OF
time place and method under which elections
should be conducted-it refers to the time when the
election shall be held the place at which the polls
ohall be opened, and the manner of voting. This
view Is sustained by the words Of MADISON, used
as the time of its adoption. He says. "These
were words Of great latitude. 1t was impossible
20 Sorcsee all the abuses that might be made of the
discretionary power; whether the electors should
vote BY ballot or civa voce should assemble at this
place or that place; should be divided into dis
tricts, or oil meet at place; should all vote for
the representatives, or all in district vote for
number allotted to the district-these and many
other points would depend on the Legislatures and
might materially affect tho appointment" I'D
Vol. Madison papers, page l2so.) 80
How far Mr.. MADISON favored this check on the
Legislatures, snd the meaning which he attached
10 the restriction contained in the clause, he in
Ssrms MS in the Federalist, page 279. Speaking
Of the power to be conferred upon the national
royernment, he says: s.Its authority would be
expressly restricted to the regulation of the times,
che places and nanner of elections. The quali6ca-
tions Of TIE persons who may choose or be chosen,
a. has been remarked upon another occasion, are
defined and fixed in the Constitution, and are un-
eltsrsbie by the Legislature" For further confr-
nation Of our views Of this clause, see TowLEs'
Analysis Of the Constitution, page 81, and read
che clause as offered in the report of the commit
tee ondetails, and the various notifications Of the
olausc until it was adopted in its present shape.
The words were changed to restrict the meaning