Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-05-25

criminal and civil-whether to pun 'sh
crimes. or TO enforce contracts, or to com
pel fair dealings. Relating to such per-
sons,n-whether the suit be between
| a white man and Q. negro, or
between two negroes-whether the
indictments be against White man FOR
beating a negro, or againsta a negro Tor as
saulting a white man, or even negro
NfllitarvSjurisdict what Is that
pray? Why, the jurisdiction OF drum
! head court-martial, or of a military COM
mission under the articles of war, which
| the Constitution forbds except In cases OF
persons engaged in the land or naval SER
vice, or in the militia, while In active SER
vice. Now the Constitution provides that
no pprsOn-negrO or white man--shall De
held to answer for an Infamous crime eX-
cept upon All Indictment, aud that every
person so held shall be tried by jury,
| openly and speedily, be confronted with
th, witnesses against him, have the bene-
| tit of counsel. aud have compulsory pro-
| cess to bring his witnesses into court. Yet
this bill, aVowedly for the benefit OF freed
men, proposes to deprive them of these
beneficient provisions, which they now en-
joy, and to make 1t the duty OF the Presi-
| dent In eyeryicase TO substitute the short,
sharp process of court-martial where
there is no indictment, no jury, and where
| counsel and witnesses for the defense are
tolerated only by the grace and favor OF the
court
Can any man believe this law was in
4 tended 20 be of service to the negro, or to
ameliorate his condition, or to protect him
| from Injurious discrimination, or to accus-
tom him to the equal rights OF citizens 2
No, sir. 1t was intended to invade the do-
main of the States in the punishment OF
crlmes purely of State cogniZance. II
was intended wIongfully to break down
| State laws, and to substitute for them Fed
eral laws, and thus to draw within the cir
Gle of Federal military authority every cit
| izen of the land. "All cases relating To such
persons!" These words embrace all per-
sonsof every age and sex who may come
| In contact, however remotely, with any me-
gre man, woman or child. in any of the re-
| lations or conditions, or affairs Of life. And
| this bill brings them all to the feet OF the
military authority as executed by the most
ignorant and degraded fellow who can be
| hired as servant of the Bureau for 500 Il
year. / cite this billOnly as an Illustration
Nv the grace OF God and Andrew Johnson's
veto, it did not become law. NO thanks TO
the Radicals for that blessing.
| Examine the proposition to change the
basis of representation. The Constitution
provided that population should be entitled
| to representation aud that each community
must decide for itself where the political
power should reside. This rule was proper
was the only consistent rule where STAGES
are recognized as self-governing and self
existing. The determination who shall
WELD the power of the community is essen
tial 10 the existence of 4 free State.
This proposed amendment provides that
the basis of representation shall be popu-
lation, but that whenever the Negro is eX-
cluded from voting, his race shall be eXclud-
ed from the basi.; and henumber OF Repre-
sentatives shall be accordingly diminished.
That is to say: The power to determine who
shall be electors belongs undoubtedly to
the States. They may exercise it as they
see fit. They may exclude or they may ad-
nit to suffrage as they think right. They
NAV exclude the young. the old, the poor,
the unlearned, the women-they may eX-
clude every soldier who has entered the
army. il they please-and, II the parties 50
excluded only be white, they may still be
counted in the basis of representation, and
others may elect for them. But II the
States shall presume to exclude negro
from the ballot, neither he nor his family,
nor any of his race shall be counted in
making up the basis of representation.
Amazing love for the negro!
But this proposition presents another
alternative to the States. BY counting ne
groes in the basis of representation, the
Southern States have sixteen members of
Congress more than they otherwise would.
II they will consent to give up these six
teen members and the political power they
WELD, then they may exclude the negro
from the ballot-boX for all time, and are
quite welcome to 90 so.
Do wrong these Radicals in Congress.
They will not admit the Southern States TO
their constitutional equality and recognize
their right of representation, because ne
oroes are excluded from the ballot box.
Their outspOken leaders boldly say so.
And yet within two weeks, by very large
maiorities, they have passed bill to admit
Colorado to the Union, whose people have
declared in the most authentic and offensive
form that in their new State none but white
men shall vote. Do you remember the
statement of Thaddeus Stevens, that If the
South should be permitted to vote, the
Democratic party would again come into
power? And do you know the fact that
the Senators from Colorado are Ralicals,
whose votes in the Senate it would be con-
yenient to have in case OF ano.her veto?
DO you believe that protection of the
negro was the true purpose of the amend
ment. No, sir. 1t was 10 cross the bound
ary of State authority. and to lay violent
hands by Federal power on the most sacred
of all the guaranteed rights OF the States.
This amendment passed the sitting section
of the House of Representatives, aud now
awaits the action OF the Senate.
Consider the Civil. Rights bill. 1t de-
clares that all native born persons of what
ever race, color or condition, are citizens of
the United States, and that all citiz1 z1ns shall
enioy equally all civil rights. and that
all citizens shall be protected alike,
and be punished with the same
measure of penalty. What does this mean2
Suppose State law prescribes less penal
ty In the case of negro than of white
man convicted of crime against State lawf
Has Congress authority to say he shall be
punished more severely? If Congress may
abrogate the clause of the State law relat-
ing to the negro, and substitute for it
Federal law, it may abfogate also the clause
relating to the white man. If 1t may sub
iect the negro to the punishment prescrib-
ed for the white man, 1t may also subject
the white man to the punishment prescrtb-
ed for the negro; or it may prescribe for
both an entirely different punishment, or
remit punishment altogether, and so estab-
lish within the State criminal code to the
exclusion Of State legislation altogether;
and if this is so, what work of snperero-
CATION was it in the Constitution to insert a
special provision coniding to Congress the
power . to define and punish piracies and
felonies on the high seas" Andyet thus to
oyerwhelm the powers of the State was
this law. avowedly to protect the negro in
civil rights, chiefly gotten up and urged.
On the 18th Of January last an order was