The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-10-24

Has Congress authority to pass general
law defining the qualifications of electors of
State legislatures? We published yesterday
morning another Communication from "Re-
publican" In which 1t Is claimed that this au
thority Is conferred by the constitution. II
1t Is SO conferred, the trainers of the constitu-
tion must have intended to grant that author
ity. An instrument which provides for its
own amendment, must be construed strictly
according to the intention of its authors.
Changing circumstances afford no excuse for
varying rules of Interpretation, for il the in
strument no longer represents the wishes of
the people of the United States, it may be
altered. The question then is simply wheth-
er the clause which guarantees republican
form Of government to every State was de-
signed to authorize Congress to regulate suf-
frage In the States. ,.. i..,a,s,.t,s..s
Republican" argues very strongly that no
absolute and unconditional power over suf-
frage was retained by the States. II they
should prescribe regulations restricting the
suffrage unduly, if they should become oil
garchies, then unquestionably Congress is au-
therized to interfere. A committee of the
House of Representatives is soon to report
whether the constitution of Maryland Is re-
publican, and Congress has. an undoubted
right to enter upon that inquiry. But woull
the First Congress have been authorized to
raise that question respecting any State con-
stitution then existing? Was it not assumed
that all the State constitutions were then re-
publican? This must be granted. The quail
ifications of voters were quite different in DIFF
ierent States. In Tennessee free negroes vot-
ed. In New Jersey wamen voted In some
of the States, on the other hand, negroes were
absolutely debarred from voting. Yet all
these governments were recognized as repub-
lican, and must still be 80 recognized accord
ing to the intention of the trainers of the
Constitution. They ought not to be, but
they are. Because they ought not to- be, we
must seek remedy; because they are, we
must find the remedy in an amendment to the
constitution, laalu qHt di
Section 2, article 1, of the constitution de-
fined the qualifications of voters in the differ
ent States, distinctly saying that they should
be what they then were under the State con-
sti.utions. The regulation OF the suffrage was
not left to legislation either State or national.
The comment On this section In the Federal
ist is conclusive on this point. We copy from
No. 80, written by Madison: n .as4a
The definition of the right of suffrage Is very
justly regarded as a fundamental article of re-
publican government. 1t was incumbent on
the convention, therefore, to define and estab-
lish this Ight in the Constitution. To hace len
it open for the occasional regulation Of the Con-
gress ooutd hare been improper, for the reason
Just mentioned. To have submitted it to the
legislative discretion OF the States would have
been improper for the same reason, and for
the additional reason, that it would have
rendered too dependent on the State govern
ments that branch of the Federal government
which ought to be dependent on the people
alone. To have reduced the different qualifca-
ti0ns in the different States to one uniform rule
would probably have been as Unsatisfactory to
some OF the States as it would have been diff
cult to the convention. The provision made by
that lay within their option. 1t must be salts
factory to every State, because it Is conforn,able
70 the standard already established or tclich may
De established by the State ITSELF 1t will be safe
to the United States, because being fixed by
the State constitutions it is not alterable by
the State governments and il cannot be feared
that the people of the States will alter this part
OF their constitutions in such manner as to
abridge the rights secured to tliem by the Fed
eral constitution. tl 11H'3f
The "reason just mentioned" twice alluded
toin this extract, is the possibility that body
like Congress or State Legislature might
abridge the right of suffrage. Mr.. Madison's
opinion was that this danger had been avert
ed by entrenching this right in the State ccn-
stitutions. 1t is worth considering whether,
If Republicans Interpretation of the constitu-
ton should be accepted, some future Congress
may not undo the work he proposes for the
Fortieth Congress. If we are ready for i'm
partial suffrage, why not establish it perma-
nently in our constitution? Why not build
on solid foundations the temple of liberty
which we are trying to rear? t,..., i.