The New York herald., 1866-03-08

that does not recognize an ogarchy arstocracy caste
and monopoly founded on color that Il does embody
the wreched pretenson of white mans government;
that does not assume what Is false in constitutional
law; that color can be qualification for that II
does not positively tie the hands Of Congress In fixing the
meaning OF republican government, that under the
guarantee clause 1t VIII be constrained TO recognize
olgarchy, aristocracy, caste and monopoly together
with the tyranny OF taxation without
not inconsistent with such government that IL does not
positively tie the hands o Congress IN completing and con-
sumatng the abolition Of slavery pursuance OF the
ond clause OF the constitutional amendment; that 1t does
not install recent rebels in permanent power over loyal
| cnZens that IL does not show forth In unmistakabe
| character as compromise Of human rights the most
immoral, indecent and utterly shameful Of In our
history All these things offensive the conscience
and the reason, this proposition does not do; in all
these respects II is ut least, bameess On the other
hand without nficting any stigma upon the constitu-
tuition or upon the republic; without abandoning
! the States; without tying the hands Of Congress,
and without any compromise OF human rights, IL
does rearrange the basis Of representation TO accom-
plish all that proposed, even by the most sanguine
supporters of tho other propositions and II does this
ectnaly without the opportunity for evasion which IL
afforded by the other proposition. The alleged iregu
arty In It's operation, owing TO the Of females
over males in certain States, may make you
hesitate 70 adopt It, But better take representation
founded voters with any such alleged inequality
than do grieyous wrong; better wrong yourselves
than wrong others Representation founded on voters
seems TO be commended 10y authority and principle. Its
adoption now would at least give symmetery To
tiona system and make the representative more pre-
cisey the embodied presence OF his constituents while
at the same time II would tend 10 enlarge the suffrage
and o.harmonze sectional preensions with the national
founded the States would little II
Congress should annu inequality in the elective franchise
on account Of color. But there are other propositions
which, 10 my mind satisfactory, because they
reach the special necessities OF the hour and provide the
tional justice and for the national safety they
cannot be put aside with indifference;
not practical refer ' Of course io he eroposon IN
different forms TO that great guaranteeequaity
| In political righs-by constitutional amendment or by
act OF Congress OF by both. constitutional amend
ment which shall place equality of political rights under
the safeguard OF special text may be supernuous but
II Is not unconstitutional immoral. IL will be supple
menary to provisions already in the constitution, and
will be in the nature Of dcciaratory statute renewing
| in mechanics, or like a reinforcement in the 1eld It
will be reduplication In new form On such occa
sion, where such cause is in issue welcome every
alliance and such regard the proposition Of the Senator
| from Missouri fMr. Henderson, The other pro-
position, which looks TO the direct action
| and Its amendments, is obviously tho simplest
and most practical, inasmuch deals with the exi
OF the hour 1t does undertake by indrecton
nor does IL postpone 10 indefinite future what cannot
be postponed without detriment to the republic. Re
fusng TO procrastnate. 1t saves ALL such proposition
Is commended by every argument Of reason humanity
and patriotism 10 say that II Is not constitutional to
1t Is derived from the very heart OF the constitution
and is filled with all It's best life blood. Some
thing has been said Of the form In which the proposition
has been presented There Ia the bill Of the Senator
from Illinois (ir Yatesl which he has maintained nla
speech OF singular originality and power that has not
been answered and do not hesitate 70 say cannot be
answered By this bill Il ~ provided that ali citizens in
State or Territory shall be protected IA the fall and
equal enjoyment and exercise Of their civil and political
rights, including the right or suffrage This IL founded
ON the consideration that by the abolition OF slavery the
became citizen, subject only 10 such ds
bes are common 70 other citizens and that by the
second clause OF tho constitutional amendment,
OF slavery by appropriate Legislation. On this
foundation the Senator places his bill, assuming
srctions. penaes or depriysous Of rirht resulting
from slavery any State Or Territory h made
presenting IL ajoint resolution which, after declaring the
duty Of Congress to guarantee republican form OF gov
ernmsn IN States whore the governments have iapsed
and also the duty 10 complete the abolition Of slavery by
the removal Of all relics OF this wrong proceeds u pro-
vide that there shall BE- ogarchy, arsocracy caste
or monopoly, any denial o. rights civil or political
account o color race but al persons shall be equal
before the law whether IN the court or at tho bal
lot box No, doubling the power Of Congress TO carry
out this principle everywhere within the Juri
dicton Of the United States content myself
iapsed States, lately in rebellion. where no duty
70 guarantee republican government ana ENFORCE
ns aSOoa @ o. SAVER ~, osy1na sre onoosss
a. Informal and imperative because they are without
machinery penalty Such Is the objection, u under
stand II NJ II has been made answer H. Each proposi
ton, on It's face, Il act Of Congress prohibiting the
denial Of certain rhhts account OF color la THIS
respect each s at least Congressional Interpretation oi
the constitution, and 10 " by means clear that i
could not be enforced In the courts The bill which has
ady passed the House of Rpreae NATIVES striking out
tho word white the electoral laws Of the District Of
Columbia Is without machinery penalty, but II j.
IL least Congressional declaration, TO be followed,
OF course, by other Legislation With proper ma
chinery and penalty; and this Is the precise
character of the proposition presented by The na'or
these propositions IL valid af all, he equally valid
against the bill for enfranchsement In the District ~
Columbia against every other Congressional decra
ton without machinery penalty. II s at most an 90
lection OF FORM which put aside and advance at once 10
the substance Tho question " too vast and the tunes
TOO serious for special demurrer ~ must he tired
on its morts This question Is as 10 the power Of Con
grcs 10 estbish equality Of political ght, at ieat IN
then exercise IL IN such form asshail best, with
ehnery and penalty, or without machinery and penalty
Of the country, which suffers from your delay.
Mr. Sumner next argued the power OF Congress 10 en-
coar decisions % prove that by The sb5on q slavery
the blacks OF the country became citizens. he said -
Therefore do not hesitate TO that when the save
OF country became citizens they toek their place IN
tbe body polite A. component part o. the people, en-
titled 10 equal nights aud undor The protection OF these
two guardian principles nrt that all fuSt governments
stand the consent of the governed, and, secondly,
that TAXATION without representation Is tyranny, and
these nights " the duty Of Conresr " guarantee a.
essential 10 the dea Of republc. The aspiration Of
Abraham Lincoln In his marvellous utierance at Gettys
burg that governmcnt Of the pcoye by the people
and for the people should persh from the earth
bat who will exclude millions Of citizens from
the pecpef II the governments IN the rebel states
broaght 70 this touchsone Will be found that they
must fail The departure from the true standard not
merely theoretical a. . might be regarded In States
where the disfranchiEed fv number bat there s
sbsolute failure within the conditions requn
cd II IL not decent 10 call state republican who're
larger part cf the body polite permanently dsfran.
ehised. Nor IL u decent 70 call state repabi-
where any considerable portion oi hs
people, constituting an essential part IT,
body polite Is permanently di-franohised Even " IN
past times such could have been treated repub
can n all not 40 % treat " II lacks the vital
elements OF republican government, and must be
treated accordingly do not dwell on this pout for
seems absurd b. call u In question. Clearly your
duty 20 enforce tho guarantee of republican govern
mont BY TIE oahs yoa have taken 70 suppori The eou
stiuton you must take that In all the States where
the governments have lapEcd this guarantee shall be
carried out In the performance 0f ths duty you may
proceed either by an enabling act establishing in ad
the conditions which thcss States shall BE-
stored 10 their practical relations with the UnOn by
act directly annulng all constitutions and laws u
any aufh states Inconsistent with rcpubl can govern
mcui. The power ~ Ia Congress- IA has b en- rcoor
nzed IN formal terms by The sapreme Cour and yon
the nnai Judge Of the means you sha employ To say