Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1867-11-15
Regulation of the Suffrage.

AtS6 SAAS$SASAA oA SAAS ~ SSAAAA - oSSs
To the Editor of the Press:
have moi doubted for the last two wears
that it was the duty of Congress to pro-
vide by law that no State should, either by
constitutional provision or otherwise, make
any distinctions in regard TO suffrage on
the ground of color, class, or race. Such
law might have been passed at the first
session of the 39th Congress over the veto
of the President, if the Republicans had
been willing to support it; and if this
course had been taken, the question would
have been disposed of, and all agitation in
regard to its settlement would have ceased
befere this time. 1t would hnve been set
tied for Kentucky and Maryland as well as
for Ohio and Connecticut it would have
been settled for all the States aud for all
time.
Let it not be said that such law of
Congress would not be effective. A law
of Congress for which there is constitu
tlonal authority is paramount to State laws
and State Constitutions. The only ques-
ton is, has Congress power under the Con-
stitution to pass law regulating suffrage
in the States That it has would be
strange omission if the trainers of the Con-
stitution, the organic law of government
founded upon the consent OF the governed
had left with the several States the power
in the last resort 10 overthrow that govern
ment by established conditions of suffrage
which would changelt 1t to an oligarchy.-
But there is no such omission. The dan
ger above mentioned was fore5 cen and
thoroughly guarded against. because The
question Of suffrage has been to the pres
ent time, practically left to the States and
they have in some instances prescribed
rules and mads regulations which wero not
in conformity to the Constitution. no argu
mentcan be adduccd against the rightiul
authority of Congress to revise such rules.
and regulations, or make others in subst
tuition therefor. whenever in its discretion
there is found to be occasion for the eyer-
else Of this power. While it may have
been expected that the power of reg
lating the suffrage would ordinarially be
exercised by the States, tits certain that
the right to control tie States in this re
gard-in other words, the ultimate author
ity in reference to suffrage, was vested in
Congress, If it had not been, the right of
dissolution or secession would, as before
suggested. have been left with each State
The Constitutional provisions bearing
upon this question are principally these
/. ART. ", Sec. 4. The United States
shall guarantee to ercry state IN his In.
ION a republican form Of government and
shall protect each Of them against inya-
siou; and on application of the Legisla-
ture orof the Executive ( when the Legis-
laturc cannot be convened against domss.
tic violence.
ii. ART. I. SEC. ?. The House of Rep,
resentatiycs shall be composed of mem
bcrs chosen every second year By The peo-
pie Of The Serefai States; and the electors
in each State shall have the qualifications
requisite for electors of the most numerous
branch of the State Legislature.
ARr.r. See, 3. The times, places and
manner of holding elections for Senators
and Representatives shall be prescribed in
each State by the Legislature thereof; hut
the Congress may at any time by law make
or alter such regulations, except as to the
places Of choosing Senators.
III. ART. l. Certain powers having been
enumerated these words follow in See. s.
To make all laws which shall be ncccssa-
ry and proper for carrying into execution
the foregoing powers, and all other pore $
rested by his Constitution in The eorern-
ment Of The United States, or in any de-
partmcnt or officer thereof.
1t will be seen that Congress has the
power to pass laws necessary and proper
to carry into execution any power vested
by the Constitution in the government of
the United States. Among the powers
thus vested is that of securing republi
can form of government to the several
States. which include that of providing
that Members of Congress shall be chosen
By The people of the several States
Whenever by State law members of
Congress are chosen by portion or class
of the people-by white people only, or
black people only by men of the Anglo
Saxon race only, or those only of the Gel !
tic or any other racc-it is the duty of
Congress to exercise the power with which /
it has been clothed, for the purpose of pre-
venting such violation of the fundamen
tai principles of the government
My views upon section T. article 4, are
briefly expressed in the following passages
from NJ. Washburn's Address delivered
before the government and people OF this
city on the ith of July, 1860:
If the negro is, as these facts clearly |
show he is citizen, he is undoubtedly en-
titled to the privileges, rights and immunl- /
ties of citizen, aud ngne the less for the
reason that his ancestors w.rc Africans, or
that his skin is dark. Among these. per-
hans none is more obvious and vital than
the elective franchise. To exclude an
adult freeman, born upon the soil AMI un-
accused of crime, from the ballot on ac-
count lf his complexion. is to violate the
fundamental principles of this Government,
and to contravene the intent OF the Con-
For, although there are eiti-
zens, as women and children for example, |
who do not exercise the right of suffrage, |
their exclusion is based upon no anti-re-
PUBLICAN dstinetiGB, as rale, color, praisss.
lon, religious faith aud the like. The Con