The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-10-30

passed, 1t would have been recognized as An !
act of simple justice, and acquiesoed in as the
law OF the land. 1t is only in the process of |
achievement that Just acts are difficult. when |
accomplished, their very enemies applaud
them. Nor is slowness of popular endorse
ment even in the agitation of reforms always
evidence OF intrinsic unpopularity. There are |
thousands of people who are timid and appre-
hensive of the effects of anything, however
just and simple, that may be stigmatized as an
innovation. These are willing enough to let
others bear the responsibility they shrink
from, and hence they loiter on the way or lean
to the conservative side in the midst of agi-
taton.
Congress ought to pass universal suffrage
law as an act of justice to the people of the
country, and in vindication of the principles
OF the Declaration of Independence. 1t has
the right under the guarantee clause to declare
that no Government is republican in form
which makes color a disqualification for the
elective franchise, and vacating so much of
the State laws as establishes such discrimina-
tions By the I'd section of article / of the
Constitution of the United States, il is pro-
vided that the Representatives in Congress
shall be elected by the people, 'and the electors
in each State shall have the qualifications re-
qusite for electors of the most numerous
branch of the State Legislatures" and by sec
tion of the same article, ''the times, places
and manner Of holding elections for Senators
and Representatives shall be prescribed in
each State by the Legislature thereof, but the
Congress may at any time, by law, make or
alter such regulations, except as to the places
of choosing Senator's"
This power was violently assailed by the
enemies of the Constitution in the Virginia
Convention, and was as earnestly contended
for by its friends The latter claimed that it was
absolutely necessary for the perpetuity of the
Government, because State Legislatures might
be inimical, and fail or refuse to provide for
the necessary elections, and the Government
thereby cease to have a representative body.
In regard to the control of Congress over the
qualifications of voters, Madison said:-
"Some States might regulate the elections on
the principle of equality, and others might
regulate them otherwise. Should the
people of any State. by any means, be deprived
of the right of suffrage, It was judged proper
that 1t should be remedi6d by the General Gov
properly by the State Legislatures, the Con,
gressional control will very probably never be
exercised, This power appeafs to be sati5ac,
the Constitution" ."-EUjyrs DebateS vol, iii. p.
3I7.
Because this power has never been exer-
cised or because some of the Northern States
have failed to do justice at the ballot-box, is
no valid reason why Congress shall not act
upon the power so expressly conferred by the
Constitution. In addition, however, to the
powers originally conferred upon Congress by
the Constitution, we have the power conferred
by the ID article of the 18th amendment,
which, after providing that neither slavery
nor involuntary servitude shall hereafter
exist in the United States, empowers Congress
to enforce it by appropriate legislation" ."
| This, in addition to the general provision
| authorizing Congress to make all laws neces-
sary for carrying into effect any powers
| granted by the Constitution, certainly gives
| the amplest authority to that body to do what
ever its dis scretion shall determine to be neces-
| sary to secure republican governments and
popular liberty in the States. Andrew John
son, in his first annual message to Congress,
said -
| "In case of the usurpation OF the Government
| OF Stale by one man or an oligarchy, it be-
| comes the duty of the United States to make
| good the guarantee TO that State ofa republican
| form of government"
| He did not include an aristocracy, nor define
what he meant by an oligarchy, neither did he
| tell us upon which branch of the Government
the duty of determining the question fell
This, however, has been settled by the Su.
preme Court to be Congress- and it is, there
| fore, the sole Judge of the eXigency requiring
its action and the remedy it may choose tC
apply within the range of its powers. Upon
this point Chief Justice Story, speaking for the
Supreme Court, has said:-
| "The Constitution unavoidably dealt in gene
| rail- anguage. 1t was not intended merely to
| provide for the exlgencies OF a few years, but
|
events of which were locked up in the inscruta-
| BILE purposes of Providence. Hence the Constt-
| tuition leaves 1T to the legislative power from
| time to time to adopt its own means to efectu-
ate legitimate objects"-l Wheaton r., 325
| Martin VS.. Hunter.
From one of our Maine exchanges we clip
the following able argument upon this inte-
resting topic by the Hon. l. Washburn, of that
State, a Representative in Congress, which
we commend to the careful perusal OF ouI
| readers:-
REGULATION OF THE sUFFRAGEs.
| To The Editor Of the Press
| [ have not doubted for the last two years
| that iC was the duty of Congress to provide by
| law that no State should, either by constitu-
| tional provision or otherwise, make any dis
| tinctions in regard to suffrage on the ground ol
| color, class, or race Such o law might have
| been passed at the first session of the Thirty
| Ninth Congress over the veto of the President
| if the Republicans had been willing TO support
| n: and if This course had been taken, the ques.
| tion would have been disposed Of and all aglta-
tion in regard to its settlement would have
ceased before this time. IL would have been
| settled for Kentucky and Maryland as we'll as
for Ohio and Connections; 1t would nave been
settled for all the States, and for all tine.
Let 1t not be said that sucn law OF Congress
would not be effective. law OF Congress for
which there is constitutional authority Is para
| mount to state laws and State Constitutions
The only question is, has Congress power una O
the Constitution 10 pass a law regulating SUI
| frape In the States q? That it has would s. EN- tC
| he beyond que tion. IL would be asi ran ge Omis
| sion If the trainers OF the Constitution, tht
organic law Of Government Iounoed upon tnt
| consent Of the governed, had left with the
| several States the power in the last resort lC
| overthrow that Government by establishing
| conditions OF suffrage which would chauge III u
an OligaIchy But there Is no sucn oul!sslol 4,
The danger aforementioned was toreseen aud
| thOrouphlV guarded against. Because the quCS