The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1867-09-06
JEIistflIa
From The Chicago (II.) AdUance
CAN CONGRESS REGULATE SUFFRAGE IN
THE STATES?
BY HON. LYMAN TRUMBULL.

However desirable it may be, in the
minds of many, to abrogate the unjust
discrimination on account of color, which
prevails in the qualification for voters in
most Of the States, and to establish uni
form rule in that respect, particularly in
the election of Federal officers; the loyal
people of the land have recently made too
great struggle for the maintenance Of
the Constitution, to seek 10 accomplish
the object by Congressional enactment, at
sacrifice of the obvious meaning and
spirit of that instrument. The funda-
mental law, known as the Constitution,
emanating directly from the sovereign
people, and placing on their Representa-
tives limitations in the exercise of power,
can never be disregarded without ondan-
gering the private rights and the public
liberties of the people, as we'll as the ex-
istence of tho Union of which it forms the
truest security. There can be no stabili-
ty in the government without a fixed fun
damental law. Hence the first step to-
ward a free government is written Con-
sttution, in which is expressed the sover-
eign will of the people in relation to tn e
form and powers of government, and the
extent of authority delegated to their
agents. 10 trust representatives with un-
limited discretion, or allow them 10 exer-
else powers not granted, would be to make
them tue masters instead Of the servants
Of the people, and such representative
government would be little better than a
despotism.
But it needs no argument to restrain q
loyal Congress from attempting to regu.
late suffrage in the States, when it is once
shown that the Constitution confers no
such power and, however desirable the
thing may be in itself, some other way
will DO sought to accomplish the object.
The only clause in the Constitution on
the subject of tho qualification of voters
is to be found in art. l. 5. g, as follows
"Thc House of Representatives shall be
composed of Members chosen every second
Year by the People of the several States
and the Electors in each State shall have
the Qualifications requisite for Electors o.
the most numerous Branch of the State
Legislature"
Manifestly this section does not pre-
scribe the qualifications Of voters, MOI
confer on Congress the power to do So
So far from it, it leaves each State to do
termine for itself the qualifications of The
electors of the most numerous branch Of
its Legislature, and adopts that qualifca
ton, whatever it may be, as the one.re'
quisite for the electors of representative
to Congress. This clause was not mad,
part of the Constitution without consider
alton. The journal of the convention show
that it was subject which underwent dis
cussion, and motion was made to strike
out the last member of the section, relating
to the qualifications of electors, 10 order tt
insert different one, which received thu
vote of only ono State--Delaware.-
Maryland divided her vote, and every
other State voted against it. 1t wa
known at that time that different quail
6cations were prescribed In the various
States for electors of the most numerou
branch Of .heir Legislatures, and that th'
represee' ''ives from one State would b