The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-10-17

qnlres that the United States guarantee to
every State in this Union a republican form
OF government because such a construction
would be inconsistent with the clause which
leaves each State to fix the qualifications of
electors of the most numerous branch OF its
Legislature" Answer: The constitution on
ly provides that in the several States the quail
fications ofelectors ofmembers of Congress and
1.-THE local Legislatures shall be the same--but
1t nowhere declaresin terms. OF by implication
that the qualifications of these electors shall
be such only as the State shall prescribe.
The argument is wholly without foundation,
and 1t is something very much like a begging
OF the question. The State may uuquestion-
aDiy, In the absence oil Congressional ac-
''oh, land it was probably expected that they
would do this in all cases in the first instance)
prescribe the qualifications of electors and OF
members of the Legslature-but if tbey are
unconstitutional. e. in dero CATION of the
requirement that they shall be consistent
with Republican government, CONGRESS-
must and, it it performs its duty, will revise
aud regulate such qualifications SO as 10
bring them in harmony with this form of
government in contradistinction from an oil
garchical or any other
The learned Senator also insists that this
power does not exist, for the "hirther reason
that republican government does not de-
pend upon the number of people who partici-
pate in the primary election OF representa-
tives." Answer: This Is true; but it does
depend upon the fact whether any OF the
people are excluded upon grounds of class,
race or color, or upon any grounds which
necessarily involve the idea oil an olgarchy.
Does he deny this? Then, If majority of
the voters OF Rhode Island, lor instance, in
the course OF ten years should be Irishmen,
and should change the constitution OF that
State so as to provide that only persons OF
Irish descent should be electors of members
of the Legislature and of other officers, it
would nevertheless be republican govern
ment, and Congress would have no just pow
er to intervene and secure the right of sui-
frage to the other races. If the colored men
OF South Carolina shall in the Constitution
upon which they are soon to vote, exclude
in terms all white men from the ballot, still
the government is republ lican, and Congress
has no power in the premises. Or, it New
Mexico, when she shall have come into the
Union as a State, shall declare in her Consti-
tuition that only descendants OF Spaniards or
of Indians shall vote, yet, notwithstanding all
other persons are cut oil, the st ate govern
ment is in conformity to the Constitution of
the United States! To this complexion does
the Senator's argument advances" Or, sup
pose the people of Utah, THAT territory hav-
ing been formed into State,) should change
their constitution so as to permit only Nor
mons to vote in the State and other elections,
will those who agree with Mr.. Trumbull con-
tend that Congress has no authority to inter
they endorse the doctrine which he has en-
deavored to maintain. al.
But, he asserts, "the Constitution is to be
interpreted as it was understood by those who
made it, and it win not be denied Eyes it
will)--that at that time suffrage was much
more restricted in all the States that it is in
any OF them now" There was no restriction
at that time in more than two OF the States
founded upon race, class, color, or on any dis
tinction involving an absolute and insur-
momtable inequality of rights. There were
then, as there are now in some Of the States,
restrictions founded upon property qualiiica-
tions and the like, or which it was open TO all
citizens to avoid overcome, but there were
no others, except in two States only. 1t was
at that time the general and all but universal
opinion, that all male citizens, whether native
born on natlralized, white or black, were
certain conditions applicable to all men in
respect to property, age or residence being
complied with,) entitled to suffiage-and in
point Of fact in nearly all the States at that
time colored men possessing the qualifications
required Off men, white and black alike, did
vote in all elections in which white men yot-
ed 6a
Colofed men are nov citizens, and if they
are to enjoy the rights which were understood
to be secured to citizens by the Constitution,
they must be allowed to vote on precisely the
same terms and conditions with other citi
zens. Those who made the Constitution
must have understood it to secure equal cipa
and political rights to all citizens This
equality OF right inhered in the term al epub-
lican government" as then understood
indeed it was regarded as the very basis, the
crucial test OF such government. While the
powers of the Constitution did understand
that suffrage would not be exercised by fe-
males, minors or slaves, they did not mean
that an acknowledged citizen of the United
States should be deprived of it simply because
OF his color. -. ~ =. ..e..., ~, ~ ile
% As to what Judge Trumbull says in regard
to Judges, Senators &c.,who are not chosen by
popular vote, it is sufficient to. say, IL any
thing so puerile requires an answer, that these
are really elected or appointed by the people,
i.e, by those whom the people themselves
elect for that purpose, and by whom they del
egate that power The people choose the
members OF the Legislature who elect the
Senators, and they elect the Governors by
whom the Judges are appointed. Ii the peo-
pie of State should make the appointment,
or the Office, of Judge or Senator, heredita-
ry in any family, the Congress of the United
States might be called on to carrect the abuse
If my view in regard to its po wer is we'll
founded, but if Judge Trumbull is right, it is
beyond correctionl a "a - a.,ltas ~. ~.
The Judges views upon this question have
evidently their foundation in the demoralized
condition of the public sentiment during the
gloomy days Of slavery domination. They be-
long to that period rather than to The health
ier ones which preceded the formation of the
consultation and succeeded the abolition of
slavery. Then as now the light fell directly
and clearly upon that instrument while in
the middle time it fell obliquely and brought
mists. al.ato tna ri
l might refer for power to establish equali-
ty of suffrage to Art. Ii of The Constitution,
the Amendment of 1866 by which slavery was
abolished in the United States, and power
was given to Congress to enforce "this article
by appropriate legislation" But prefer at
this time to limit myself to the power in the
original instrument. REPUBLICAN.
FereiEn Ministers in Washing gion.
Washington Correspondence of the Boston Post
The Corps Diplomatique has just been in
creased by the arrival here this afternoon OF
Geo. Reuster, the Minister from Hayti. He
is white man, but his Secretary, Alfred Box,
-