New Orleans daily crescent., 1866-10-17
SUFFRAGE BY CONGRESSIONAL ENACT
MRNT.

mainly to show that the congressional plan of
because the radical party has declared, not
formally, it is true but through its leading
presses and orators, that it viii not be bound
by Eany concessions the South Emay make
short of complete enfranchisement of the
negroes, and voluntary abdication of politi-
cal rights on the part Of the white people.
What was important was to show that even
disqualification, by the Southern States, of the
projected constitutional amendment would
not, as measure Of expediency and conces-
sion, at all improve the position Of the South,
or avert the further conditions which the
radicals are resolved to impose on her.
OF course it is useless to argue points of
constitutionality with the dominant party.
The tendencies of that party are towards a
total subversion or rejection, Of all constitu-
tional limitations and restrictions, and the en-
forcement, upon the whole country, of the
will of the majority in particular section.
If the Constitution stands in the way Of such
enforcement of radical theories, it will either
be contemptuously disregarded, or, if prac-
ticable amended to meet the exigeneies Of
their theories and purposes. 1t was. there
fore, entirely superhuous for the Republican
to attempt to sustain its position, by assum-
ing for Congress a constitutional right to
regulate the right Of suffrage within the
States Indeed the claim is SO plainly un-
tenable that We thought it might as well be
left uncontested, for the moment The point
has, however, attracted the attention of a
gentleman of intelligence, who has addressed
to us a communication on the subject. That
communication will be found below, and we
would commend IL to the attention of our
readers, as thorough examination of the
question, and conclusive refutation Of the
position assumed by the Republican.
Our correspondent shows that the power
given to Congress Of altering Or making regu-
lations for the election of members of the
United States Congress, applied simply to the
fornalities of time, place aud method under
which elections should be conducted and had
no reference whatever to the qualifications of
electors within the States. It must be OBJ
served that the clause applies as well to the
elections of senators as to those Of repre-
sentatives; but no one would infer that Con
gress has a right to extend or limit the cleo
tora1 body by which senators are chosen
The Constitution declares that, in the case of
senators, this electoral body shall be COM
posed of members of the State legislature;
bat it would be absurd to argue, thence, a
power on the part of Congress to establish the
- .e4
tures. So far as the Constitution claims any
power over the question of suffrage, that
power has been fully exercised in the instru-
mentitself.
The Constitution declares that representa-
tives shall be chosen BY the people of the sew
electors shall be those requisite for electors
of, the most numerous branch Of the State
legislature This establishes constitutional
qualification which is not alterable by con-
,ressional interference. Suppose, for instance,
hat Congress should declare that only white |
male citizens over the age Of twenty-five
ihould have rightto vote forr Representatives,
whilst the State Constitutions permit all white
male citizens over the age of twenty-one to
Eote for members Of the State legislatures it
Is clear that such a law would be simply null
md void. The point is SO clear that no argu-
Enent is needed to enforce it. The COMMUNE
sation below will, however, be found to shed
much light on the historical aspects of this
question
70 NE Editor Of tie Crescent In reading the
,olitical programme of the radical party a few |
laws since thn IN Il q 4Ia
1hieago Republican, my attention was arrested by
he writer's construction of article one section /
our, Of the Constitution Of the United States
Which article, he says, vests in Congress the right
TO make or alter by law such regulations as T
hall be prescribed in each State by the legislature
hereof as to the manner of electing senators and
representatives. y
that party has the power to enforce its policy,
md has heretofore shown no scruples in CARRYING
1ut their measures, yet cannot refrain from en-
ering protest against construction Of the Com
stitution, franght with 30 many evils, and 80 [
utterly destructive Of the rights (so-ealed) Of the
States.
Article one, section four reads as follows stThe |
lmes places and manner of holding elections for
senators and representatives shall be prescribed /
u each State, BIZ the legislature thereof; but the I
congress may at any time, by law, make or alter
lueh regulations, except as to the places of
choosing Senator's y
AS understand the foregoing ,elange, neitherl
he words times, places or manner, have anyref-
srence TO the qudtieatiQn OF electors, but simply
efer to the time when the election shall be held,
he place atWhich the polls shall be opened, and
he manner of voting In confirmation of my
opinion give yott the words of Madison, used at
he time ofits adoption. He says These were
words of great latitude. 1t was impossible to-
ogesee all the abuses that might be made Of the
discretionary power; whether the electors should
tote by ballotorU5ud 0ooa j should assemble at
his place or that place should be divided into
llatricts or all meet at one place. should allyote
or the representatives or all in district vote for
number allotted to the district these ana many
,tler points would depend on the legislatures, and
aight materially affect the appointment fSee
d vol. Madison papers, page l2S0.1
Although he was in favor of this check on the [
legislature, yeti makes no allusion to its exten.
ion over the qualifications of electors and his
rgument is restricted to the ordinary meaning Of
lie words used.
III the Federalist, page 27a hewrites still more
ointedly on the meaning which he attached to the
astriction contained in the clause on which am
e The truth ia that there is no method of secnr.
g to the rich the preference apprehended, but
T oaescrt6lfsg qualifications of property either
II those who may elect or be elected. But this
Jrnfs no part of the power to be conferred upon
Ne national government. Its authority would be
Xpresslg restricted to the regulation oil the
ales, the places and nsaaner of elections The
of the persons who may choose or
aston, a3e defined and fixed Ia the Constitution
ad are 1nalterahle BY the legislature
Aa the report OF the committee on details, (see
4 Ara 1s5a. ~ -