, 1866-01-19
FRIDAY. JANUARY 10, 1865.
CAN coNGnEss MAKE A vorEar

CAN CONGRESS MAKE A vOTER1
The Chicago Journal aims, in an aipless
way, at conservative Rcrublicauism, and
seems to borrow wisdom from the good lady
who thought 1t safer not on1y 10 bow al the
mime Of Christ but also at the mention of the
devil, ns not knowing into which hands she
might fall. Al present, on the suffrage ques-
lion, 1t is With the party Of oppression, and
VIII be until The liberty party has carried It's
point 1t objects to our construction of Sec
lion ". art Of the Constitution, giving
Congress the powerto pass uniform suffrage
Law, and nfas7ns that Ii Congress does so s'the
controversy has only just begun" We
should regret to bring on controversy be-
tween Congress and the Etening 3oaruh, as
between two such COMPLAINTS, the former
naF'ng 20 many heads and the latter none, 1t
not olhcu1f TO Tell Whosc occiput would be
smashed.
The clanse quoted By us is as follows:
The tiases placer md mdxner Of holding cleo
tons fn1 senA,ors End Representatives thall be pre
sczteed y each State BY the Legislature thereof;
1 eRs e s Fe!y ~ ny ie hy i1w ske q
Choosing Scna'ore." :,
10 this our contemporary replies, not By
showing that the above claase does not give
Congress the power to make OF alte. any and
NIL regulations which State may make ns
TO the election Of these two classes Of Federal
o1accrs; not BY showing that Madison and
the other trainers OF the Constitution did not
intend and declare that II would give Con-
g'ess the power to pass uniform suffrage
Law for the whole country; bat the Journal
quolcs what ii supposcs 10 be an opposing
tcNt, yiz:
"lhc nouac Of Representatives shallb. cotuposcd
Q, n,!anDets chosen every eecond year BY the peo-
M QttMi iFrons reauisIic for clcclore Of tlc mosi
humorous branch o! the sin,e Legislature"
AT first blush there tccms TO be conflict be-
tween two clauses Of the same Constitution.
For by the former Congress la empowered
to regulate tho manner Of e1cctins Senators
md Representatives, and hence OF deciding the
qualifications Of fclccio1s, while by tho lattcr,it
is stated that the electors shall lavc the quail
lcations requisite for electors Of Tho most nu-
1ncrous brunch Of The State Legislature. In
tho first clansc the power to resu-
late The qualifications OF electors is con-
1erred upon Congress, and in the second
1t Is Implied that they shall be decided BY the
State. But In reality these two clauses a1r
entirely harmonious. As II has been the
practice Of the Federal md Statc Govern
ments, 50 1t was the intention Of the trainers
Of tho Constitution rs declared by Madison,
that the States shonld in the first instance
and under all ordinary circumstances be pe.-
mittcd to exercise this power Of defining the
voting class But when their action should
come Into conflict with the interests
OF the whole people MS represented In
Congress, then Congress should assume
Jurisdiction Of the question and regulate the
eunfage Tor md instead Of the State Lccisla.
tute- In 30 affirming VIC bAve only varied tho
language, not the ideaz, employed by Mr..
Madison, In explaining this clauas to the
Virginia Legislature, in response to the que.-
tions Of Mr. Monroe Mr. Madison said:
,scs na w. aosght thst n rseulaion Of the time,
Be v,.ifor Msoneaoaa ~ eontinsni.. Sone ststes
MIGHT reeu!ate The elections On ihe principle Of
wise. This dsernty Wosid b obsiousi5 | ,l uonsI D
Elections afe rcfnlated now ,unequallS IN fo1ne
Charleston, which hss representation q u tliny u
,n.aH. 3 d<f,'sed # As f,a q s,1see< ~ ~ u.
Gcrt77nl.r7f.'f
just such contingency has occurred for |
the first time, within the past year. The four
mtllluus OF slaves before the war, were not
part Of =" the people ola Statc,'' but OF the
property uf the people Of Stnte. But now
they arc part, and in some States, they arc
The majority OF the people Of State, and
They are, to use the words Of Madison, "dc-
priscd OF the right Of sufrage,' and this,
says AIR. Madison, "3t was indeed proper
should he rclnedied by tie genaral Govern
ncut," and In order to give the general Goy-
c1nment the power to do so, the clnuse in
question was Incorporated into the Coussitu-
1ion.
The language OF the clause confirms this
view. II first provides TINT the State Lecis-
lature shall prescribe the manner of elec:-
ing Senators and Representatives, md
then that Congress may at any
time by law, make or alter such regulations,
/. {. The regulations which the State Legisla-
tnrc may pass. Tho language OF this clause is
cilher bungling or very significant. It aflrms
not only that Congress may alter the regnlA-
lions which the State Legislature shall pre-
scribe, but that it may make" them. This
clearly means that Congress may enact rer-
on:tm what regulations the Legislatures shall
prescribe as to "the manner Of holding olec-
lions for Senators and Representatives" This
Sounds strange 10 LIS because the power Of Con-
gress to prescribe legislation to State
las never been exercised, nor even IA
mlliarly discussed, but 1t is plainly
conveyed by the Constitution, in respect
to this particular matter, as the that runs
may read" But If Congress is the ultimate
tribunal on this question Of suffrage, and If In
my instance It should make or alter the rcgu-
1auons Of a State, in such manner that the
qualifications Of electors for members of
Congress should di[ler from those Of electors
of the most numerous branch Of the State
Legislature-as, 1or instance, If the latter
must he white, while the former need not be
then II follows TINT to restore the unity of
the qualifications OF the two classes Of elec-
tors, the state Legislature must change the
qualifications requisite for the most numer-
Gus branch Of the State Legislature to make
them conform to the legislation prescribed by
Congress-
A more tangible difficulty in the way Of
Mr.. Madison's theory that Congress has un-
der the clause In question the power TO pass
uniform Suffrage Law, has not occurred to
the Journal but We will mention II. The
rights Of suffrage have in ali the States been
regulated not by the legislatures but by their
constitutions. This seems to be not accidcn-
tal but necessary, as the voting element is
really those who frame the constitution and
constitute ths State. An net Of
Congress passing Uniform suf-
trage law would therefore override
not merely regulation Of legislature, but
Il part Of many State constitutions. Bat on
reelection 1t viii be evident that this effect Of
m act ot Congress Is contemplated as possible
by that clause of the Federal Constitution
which says: "This Consultation and Tie l1.cs
Of the United States, which shall be made in
pursuance thereof, shall be the su-
prcme law Of tue land, anything In
the conaaution or latos of any State 10 the con-
trary notwithstanding"
So that m &c! Of Congress creating uni-
form suffrage Inv were In accordance, ns Mr..
Madison atirms, with the Constitution Of tho
United States, It would be no objection that
1t should override the constitution of any or
every State.
The only remaining argument against our
construction of the clnuse in question would
bc that the tcrmb, manner Of holding cleo
lions for Senators md Representatives ~ do
rot cover or include tho question, who shall
or shall not vote ut those elections? This as
humes IN advance that Mr.. Madison was mis-
taken In constituting the clause lie assisted In
framing. But we ask what reason exists for such
distinction. II Congress can regulate any
one question affecting the manner of hold
Ing. IN election, why moi ally II Congress-
can compel State legislature 10 prescribe an
election by ballot or riru roce, before one
inspector or three or Eve, 10 be held In one
place or at one time or ut another, and who
shall receive or count the votes, why can II
not equally rcgulate who shall cast the
vote? It a1l pertains 10 the manner Of hold
Ing the election, and Is therefore subject 10
the power Of Congress, rs appears very
1nJ. a. Nx AFa1{ ta 1cnR md ra