Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1867-10-24
SENATOR TRUMBULA on sUFFRA GE.
BY HOWARD NJ. JENKINS.

of any exhaustive Congressional discussion
of the question, what will seem, to many
earnest friends Of the principles 10 which he
is presumably devoted, hasty, CO pdrte de-
csion, that Congress has no power to pro-
tcct the voting rights of citizens. OF course,
il is no argument to say that Senator Trum-
bulls Conservative tendencies have induced
this anticipation and prejudgmcnt of the
hearing which the case will very probably
have at the approaching session of Congress,
and yet that conclusion will undoubtedly
form in many minds. AS an argumentative
effort, however, the letter of the Senator is
by no means credtable to him. 1t is defc-
cnt in logic, as it is inaccurate in statement
Acknowledging, without hesitation, the
necessity which he asserts of adhering faith
fully to the spirit and intention of our funda-
mental law, we propose also TO start from
that point, and discuss with him one single
issue -
DoEs THE NATIONAL CONSTITUTION REQUIRE
for authorized THE PROTECTION OF THE VOTING
RIGHT OF CITIZENS, ny NATIONAL LAW?
This is the question: and just this, which
in advance Of any thorough examination,
Senator Trumbull so promptly brushes aside.
He asks in his letter Scan Congress yegu-
late Suffrage in the States? ?" but his argr-
ments are directed TO the same point, and
cover the same ground, as that which we
have indicated in the query we propose,
while the Senator confuses the issue, first by
employing the term REGULATE" and then ad-
ding sin the Statcs.' To yegulotc the mi
nor qualifications of tax-paying, registration,
residence, &c., may bea privilege remaining
with the States, but the protection of the
citizen from dsfranchscment is the duty
Of the National authority. The rights oipcr-
son and property are protected by the Con
stitution, but the particular legislation by
Which their security is assured, and offences
against it punished, is in the hands of the
States. So perhaps with the voting right.
Mr. Trunlbull says Congress cannot legis
late relative TO Suffrage -
l. Because the Constitution provides that
electors of Members of Congress, '.shal
have the qualifications requisite for electors
of the most numerous branch of the Lcgis-
laturc."
. Because he llnds no other reference TO
Suffrage" in the Constitution.
In the first objection, he assumes what is
certainly not justified by the language itself,
that in providing for the qualifications Of
voters for Members of Congress, the quail
cations of all voters are included. If that
had been the intention Of the Constitution
certainly il would have been easy to say so.
But with equal strain upon language il seems
to be Inferred that in providing that these
qualifications must be the same as those of
electors for the most numerous branch of
the Legislature, the power to fix the latter
was left in the hands of the States. Neither
of these assumptions will stand by its own
weight, and on the contrary, there is the
declarations, that the trainers of the Consti-
tuition intended this very clause, in conjunc-
tion with the authority given to Congress to
make or alter the regulations Of the States,
concerning ''thc time, place and manner ol
clecting Representatives, to form an ulti-
mate power in the hands Of Congress fol
the control Of the suffrage. This is the
plain import of Madison's language in the
Virginia Convention called to consider the
Constitution.
But even granting that this clause pur
posed to leave the regulation of suffrage tt
the States, what of it, while there exists il
the Constitution check which must alway,
prevent them from restricting the suifrag,
to any privileged class, by the exclusion
from the right of any other class of citizens
Although the States may act in the first in
stance, il is only within certain limits; tn
moment they take step toward a non-Rc
publican government, by raising one citizc
or depressing another, the higher authorit
must interpose.
Necessarily, our argument joins issue wit
that of Mr. Trumbull when he asserts tina
Congress receives no direction or autlori
to act in relation to Suffrage, from that claus
which requires that 'thc United States sha
guarantee to every State in this Union,
Republican Form of Government. Fo
if the possession Of the voting right, by tn
people, does not distinguish the Rcpubli
from other Governments, what docs? Ifth
United States is bound TO preserve Republ
can institutions in its various parts, and y,
cannot protect Suffrage, what is it to do
Strangely indeed for an American juiist an
law maker, Senator Trumbull gives but OF
conclusive reason for his remarkable asse
finn ia at IL H.,
''A Republican Government docs n,
"depend upon The number Of Tic Peep
"acho participate IN tic primary cle
" ton of Representatives.
This is strange doctrine for an America
Senator! Upon what, then, does Rcpu
lican Government depend Have all AmeI
can publicsts erred in asserting the right
the people to rule, and that Governmen
derive just power only from the consent
the governed? Madison must have be,
mistaken when he defined the only ditfercn
between Democracy and Republic, to
that in the former, g the people meet al
sc exercise the Government in person; in
" Republic they assemble and administer
For does not a Democracy require any 81
cific number of voters? But, more than I
force of any authority, is the convinceme
of logic. If particular number of vote
is not necessary in Republic; if this fol
OF Government does not depend upon Il
feature then there is no such thing in rca
ty For we may not only coniinc suffrage
male citizens and yet have a Republic,
white citizens and do our Republic no da
age; not only disfranchisc one-half or tv
thirds, but any number. If the numl
makes no odds, why stop, at all? Disfrs
clisc allvoters but one, and call him Xii
an Emperor, n Sultan, what of it.? Y
do not offend Mr.. Trumbull. According
his definition Turkey may be Republic
Such risks does the Senator run, such
surdities docs he arrive at, when he
tcmpts to show that the United States,