The national Republican., 1866-11-28
THE PROPOSED CONSTITUTION
AL AMENDMENT-W 1T NOT
CONFLICT WITH THE CONSTI.
TUITION OF SIX NEW ENGLAND
STATES ..Hf. ..

AL AMENDMENT-W 1T NOT
CONFLICT WITH THE CONsTI.
TUITION OF SIX NEW ENGLAND
STATES ..'
In neither Of the six New England States
is the Judiciary elected by the people. Judges
are appointed, in each State, by the Gov
ernor H ..... .r. .
1t is proposed to incorporate into the Con-
stitution Of the United States new article,
the second section of which is as follows:
Sec. 2. Representatives shall be appor-
toned among the several States according
to their respective numbers, counting the
whole number Of persons in each State, ex-
cluding Indians not taxed. But when the
right to vote at any election for the choice
Of electors for President and Vice President
Of the United States, representatives in Con-
gress, executive and Judicial officers Of o
State, or the members Of the Legislature
thereof is denied to any Of the male inhabi-
tants Of such State, being twenty-one years
Of age and citizens Of the United States, or
in any way abridged, except for participation
in rebellion or other crime, the basis Of rep
resentation therein shall be reduced in the
proportion which the number Of such male
citizens shall bear to the whole number Of
male citizens twenty-one years Of age in such
State.
In order to arrive more clearly at the par
ticular point that we wish to make at this
time, we will extract from the above SO much
as relates to the Judicial officers" for none
Of which has any male inhabitant "the right
to vote at any election in either of the six
New England States-omitting all superhu-
GUS words. 1t will then read as follows:
But when the right 10 uote at any cleo
ton for the choice" 'of judicial
officers of State" "is denied to
any of the male inhabitants of such State,
being twenty-one years Of age, and citizens
of the United States, &C., &C., the basis Of
representation therein shall be reduced in the
proportion" &c.
II the above becomes part Of the Consti-
tuition Of the United States, will not the six
New England States be obliged so to alter
their constitutions as to provide that "judi-
cial officers" shall be elected by the people 2
1t may be said, in answer to this, that there
is no rejection" in those States for the choice
of judicial officers" and therefore ''the
right to vote" for such officers is not "de-
MED" Very well; suppose that to be true.
We will take another view Of the case. "a
male inhabitant q years of age" presents
himself 'at any election" for State officers in
Massachusetts and insists upon "the right to
vote" for judicial officers" and he sis de-
nied.' He asks "Why am l denied the
right guaranteed to me, as citizen of this
State by the Constitution Of the United
States, to vote at any election for the choice
Of judicial officers? ?" He is told "This il
not an election for Judicial officers Of thi
State. You and all other voters in thil
State are denied the right to vote for jadicia
officers at this election, and all other cleo
tions, in this State, by the constitution Of III,
Commonwealth Of Massachusetts," Does
this not bring the constitution Of the State
OF Massachusetts, directly in conflict with the
Constitution Of the United States? Doe,
not the Constitution of the United States, i
the proposed amendment is adopted, pro
vide thas when the right to vote at an!
election for the choice oi" "judi
cial officers Of a State" y sis denie,
to any Of the male inhabitants Of such State
being twenty-one years Of age, and citizen
of the United States, &C., &C., the basis O
representation therein shall be reduced il
the proportion 2" &c. &c. Does not the cor
stitution Of Massachusetts deny the right G
all legal voters to vote at any election fc
the choice of Judicial officers : Then is ther
not conflict? II there is conflict it wi
require at least two years before Massach,
sets can ratify the constitutional amen
ment, because she must first amend her ow
constitution so that her judicial officers ma
be elective, and that will require the tim
named, inasmuch as the constitution Of thl
State provides in such al event for the actie
of two Legislatures and the submission
the amendment to the people at popul
election.