The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-10-14
Regulation of the Suffrage.

tlnctions in regard to suffrage on the ground
of color class, or race. Such a law might
have been passed a the first session of the
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 before this time. 1t would have
been settled fol- Kentucky and Maryland as well
as Tor Ohio and Connecticut; it would have
been settled for all the States and Tor all time
Let 1t noe be said that such law OF Con-
gress would moi be effective. A law ofConeress
Tor which there is constitutional authority is
paramount to State laws and State Consfitn-
tions. The only question is, has Congress
power under the Constitution to mass n law
regulating suffrage in the States? Thai il
has would seem to be beyond question. Ii
would be strange omission IL The trainers OF
the Constitution, the organic law of a Govern
ment founded upon the consent OF the gov
erned, had left with the several States the
power in the last resort to overthrow that gov
ernment by established conditions of suffrage
which would change 1t TO an oligarchy. But
there is no such omission The danger above
mentioned was foreseen and thoroughly guard
ed against. Because the question of suffrage
has been, TO the present time, practically LETT
to the States and they have in some instances
prescribed rules and made regulations which
no argument can be addueed against the right
ful authority OF Congress to revise such rules,
and regulations, or make others in substitu
tion therefor, whenever in its discretion there
Is found to be occasion tor the exercise OF this
power. While it may have been expected that
the powerof regulating the suffrage would or
dnarilybe exercised by the States, it is certain
thatthe right to control the States in this re-
gard-in other words, the ultimate authority in
reference to suffrage, was vested in Congress
II it had not been, the right of dissolution or
secession would, as before suggested have
been let with each State. dtt
The Constitutional provisions bearing upon
this question are principally these:
i. ART. ", Sec. A. The United States shall
guarantee TO ecefy State IN this Uaionld repub-
ticdn form Of government and shall protect each
of them against invasion; and n application
OF the Legislature or of the Executive (when
the Legislature cannot be conyeneD against
domestic violence. M ~
III. ART I. Sec. q The Honse of Reprase, +
atives shall be composed of members chosen
every second year 6y the people Of he seperoI
Stdets; and the electors in each State shall
have the qualifications requisite for electors OF
the mostsnumerous branch of the State Leeis-
lature.
ART. 1. Sec. 4. The times places and man.
ner OF holding elections for Senators ana Rep
resentatives shall be prescribed in each state
by the Legislature thereof; but the Congress
may at any time by law make or alter such reg
nlations, except as to the places OF choosing
Senators. -
III. ART. l. Certain powers having been en-.
umerated these words follow in See. 8:
TO make all laws which shall be necessary
and proper for carrying into execution the
foregoing powers, and all other po,pers rested by
Mis Constitution IN the gocernnent of ne
Untted States, OF Ia any department or officer
thereof"
IL will be seen that Congress has the power
to pass laws necessary and proper to carry in
to execution any power vested by the Con
stitutiOn in the government of the United
States. Among the powers thus vested is
that of securing republican form of govern
ment to the several States, which includes
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 OF 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 Celtic or any other
race-it is the duty of Congress to exercise
the power with which ii has been clothed. for
the purpose of preventing such a violation of
ment. 7''ein
My views upon section 4, article 4. are
briefly expressed in the following passages
from Mr.. Washbnrn's Address delivered no.
fore the government and people Of this eitv
on the 4th OF July, 1867 .
If the negro is, as these facts clearly show he
Is, a citizen, he Is undoubtedly entitled to the
privileges, rights and immunites of a citizen
and none the less for the reason that his an
cestors We're Africans, or that his skin is dark
Among these, perhaps none is more obvions
and vital than the elective franchise To ex-
ciuds an adult freeman, born upon the soil and
unaccused of crime, from The ballot on acconnt
OF MS complexion, is to violate the fuu1amen
tai principies of this Government and TO con
trayene the clear intent OF the Constitntin,
For, although there are citizens, as women and
children for example, who do not exercise the
right OF suffrage, their exclusion is based upon
no anti.republican distinction, as race color
profession, religious faith and the like. The
Constitution, in declaring that ''the United
states shall guarantee to every State in the |
Union "A republican form of government ae |
firms and secures the practical observance of
the doctrine of the Declaration of Indepen-
dence, that "GOvernments derive their lust |
powers from the consent of the ooyeyDed" Can
that be said to be republican form of COW |
ernment which repudiates this normal prjnci- |
pie OF American repubicanism, which in
stead of leaving the right to govern with the |
people, ordains that it shall be exercised by a |
part only of the people-by men OF blue eyes,
or yellow hair, or white skins only--by clersy- |
men, or lawyers, or merchants--by men Of |
Saxon descent, or Celtic, and no others? Is |
that republican form of government one |
resting upon the consent of the governed i'm
which all Jews, or Catholics OF Presbyterians,
all natnralized foreigners, or colored native
born citizens shall have no voice? Would it
not be clearly the government of caste class
or race-In other words, an aristocracy, and
just that false and hateful thing which the COW
ernment has been fighting against these four
years? ui.s- ur 80
.
If State should persist in maintaining n |
constitution which in a vital respect was anti |
republican, that excluded loyal and good citi- |
zens rom the exercise Of the right of suffrage |
upon grounds OF caste or color merely or should |
transfer political power from the majority to |
the minority, to few families, to a Directory
or Dictatorship, the exgency would arise in
which intervenh N would become the immedi-
ate duty of the United States.
Regarding sections and 4, article /, above
cited, cannot do better than quote for a re-
cent number of the New York Tribune.
Mr. Madison, in the Virginia Convention,
explained this to mean that while il was deem |
ed desirable that each State should in the first |
instance regulate the right of suffrage of ITSELF
yet, to prevent the right from being granted |
or denied in such q manner as would endanger |
the safety and perpetuity of the General Gov |
ernment, it was deemed advisable to invest |
Congress with the ultimate or appellate power |
to alter amend the regulations of the State |
respecting suffrage, as it might be found essen
tial to the national welfare. He admitted, in |
response to u question addressed to him by Mr.. |
Jefferson, that this clause would give Con |
gress the power even to pass q national |
uniform suffrage law, but affirmed that such |
a power might be necessary to preserve the
very existence of the Government Mr. Trum-
bull is not only silent upon the authority in
question, but upon the clause of the Constitu-
tlon on which Mr.. Madison based his con-
struetion. In taking the position that "a re-