Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-01-18
What Is Meant by the Provision i'm the
General Constitution Communicating
each State a Republican Form of
Government?

| Constitution provides: " The United States
shall guarantee every State in this Union a
Republican form of government and shall
protect each of them against invasion, and,
on application Of the Legislature, or Execu-
| tive when the Legislature cannot be con-
vened) against domestic violence"
Under this provision the Republicans
claim the power to regulate the right of
suffrage in the States, and deny to the South
ern States the right to return to the Union
until they shall confer this right upon the
negroes This principle will enable them
| 10 control every State in the Union, and to
shut out their Representatives and Senators
until this demand is complied with, whether
| it has been in rebellion or not
| This provision, adopted as considera-
| ton for the surrender of certain rights and
privileges possessed by the States under the
articles Of Confederation, means what it did
in 1887, when the Constitution was framed
That meaning is to be found in the Lexi-
cons, Histories and Commentaries of that
day. The celebrated DIR. Rees, who pre-
pared his Encyclopedia soon after this time,
defines Republic as "A commonwealth
a popular State, or Government, or a na-
ton where the body, or only a part of the
people, have the government in. their own
hands," Barclay says it IS: "A State in
which the power is lodged IN more than one.
A Commonwealth" Walker uses the same
language DR.. johnson, whose great Die
tionary was published in 1905, defines i. in
the same words. Montesquieu, in his Spir-
it Of the Laws, first published in 1860, thus
defines it: "a Republican Government is
that in which the body, or only part of
the people is possessed of the supreme pow
4 L.
work was undoubtedly in the mind
of the Convention when framing the pro-
vision in question. Ii is often referred to
by Madison in the Federalist, as the
highest possible authority. Hence at that
time, republican form of government meant
one administered by representatives Of such
portion Of the people as the State Consiitu-
tions allowed to vote. Mr. Madison, in the
thirty-ninth number of the Federalist de-
clares thatthe Federal Government underline
Constitution is republican "in the most rigid
sense" And still, under that Constitution,
or any other, not direct, or any other vote
is given for any Federal officer except such
as the States may choose TO permit and no
power of control is provided, however limit
ed the right of suffrage might be made by the
States In the twenty-6rst number of the
Federalist, Mr.. Madison says Of this provi-
sion: alt could be no impediment to the
reforms of the State Constitution by major
| ity of the people in legal and peaceable
mode This right would remain undimin-
ished The guarantee could only operate
| against changes to be effected by viotesce." In
| the forty-third number he says: "But the
authority extends no farther than 10 guar
antee of republican form of government
which supposes preexisting government of
the form which is to be guaranteed. As
| long, therefore, as the existing republican
| forms are continued by the States, they are
guaranteed by the Federal Constitution
| Whenever the States may choose to substi-
| tute other republican forms, they have right
| to do so, and TO claim the Federal
guarantee for the latter. The only
restriction imposed on them is that
they shall not exchange republican for
| anti-republican constitutions" These and
| many other comments by him in the Feder-
| alist are quoted by Story in his Commenta-
| ries on the Constitution section 1907, and
| subsequent, as controlling authority upon
| this question. Mr.. Madison and the trainers
| of the Constitution had before them the
4 Constitutions of the then States, which they
| deemed truly republican. These were the
| practical standard, which conforms to our
| definition, some of which still exist; and are
denounced by the Republicans as anti-re-
| publican. We will give extracts in relation
to the right of suffrage from some of those
represented in the convention, and from
| others which Congress have deemed re
| publican" In Massachusetts,, by her Con-
| stitution of 17S0, none could vote for Gov
ernor or Senator except those having
/ freehold estate within the Commonwealth
| estate of the value of sixty pounds" Con-
| necticut required the elector to be white
| male citizen of the United States" with
| freehold qualifications. New York, by her
| Constitution of 1777, required those voting
| for Assemblymen to be freeholders, pos
| sessing freehold of the value of twenty
| pounds, or have rented tenement to the
| yearly value of forty shillings, and been
rated and actually paid taxes" and for Sen
atoPs and Governor, they must be freehold
ers, possessed of freeholds Of the value of
/ one hundred pounds over and above all
debts charged thereon"
New jersey, by her constitution of l776
required the voter to be worth fifty pounds,
| proclamation money"
| Maryland, by her constitution Of 1776,
/ provided that all "freemen having a free
hold of fifty acres of land, might vote.
| Virginia, by her constitution of l776, re-
lquired freehold qualification, and that the
| voter should be q free white citizen.
North Carolina, by her constitution of
| 1776, required the voter to be " freeman"
and possessed of freehold, within the same
county of fifty acres of land.
In Virginia and South Carolina the Legis-
lature elected the Governors
The Georgia constitution required the
| voters to be "citizens and inhabitants Of the
S=ate," and "to have paid taxes"
The trainers of the constitution, with these
constitutions before them, deemed these
States to be republican" and that charac-
ter has ever since been accorded them. Not
one Of the original thirteen States permitted
negroes to vote. Still, until now, no apostle
of Change has arisen in Congress requiring
State to change its constitution.
Since the adoption Of the Constitution,
| other States have been admitted with similar
| provisions in their Constitutions. Kentucky,
| in hers of 1899, provided that "every free
/ male citizen negroes, nulattoes and Indians
| excepted, may vote" 1t forbids emancipa-
| ton Of the slaves without consent Of the
owner or compensation.
Tennessee, by hers Of 1899, confines voting
| to freemen possessing freehold."-
/ Ohio, By hers of 1902, confines voting To
white male inhabitants" who have paid
| taxes. ar.ts
Indiana, by hers Of 1916, requires the
| voter te be white male citizen Of the
United States"
Louisiana, by that of 1872, requires the
| voter to be free male citizen Of the
| United States" and to have paid taxes
| The Mississippi Constitution Of 1917 con-
tains the same provision.
| Illinois, by hers Of 1918, confines the yot-
| ing to "white male inhabitants"
Alabama, by hers of 1918, limits voting to
"white male persons, who are citizens Of the
| United States"
Missouri, BY hers Of 1920, limits the voting
to ''free white male citizens of the United
| Stateso
I Michigan, by hers Of 1885, confines votisg
| to "white male citizens"
/ Arkansas by hers Of 1885, provides that
every 'free white male citizen OF the Ufiited
States" DC, may vote. se
Texas, when admitted, allowed only .free
male persons to vote. .f1
Iowa, by hers Of 1874, confines voting to
'white male citizens Of the United States
Wisconsin. by hers Of 1s48, limits 90
"white male citizens Of the United States,'
and to certain foreignere and pure blooded
| Indians.
California, by hers Of lS49, confines voting
| to "white male citizens Of the United
| - 81.