Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1867-06-27


specific number, is to the State itself as an
integral portion of the country. The laws
thereof must conform to the plan of the supe-
rior authority, and the approval of the whole
people of the Statc,or of single man there
in, is not necessary.
VI. now SHALL CONGRESS ACT?
Ii has been proposed that upon representa-
ton that State has not Republican Form,
that Congress shall, after evidence of the
fact, pass an enabling act" that the people
therein may form new Constitution This
is the plan of the eminent and patriotic
Maryland gentleman who is laboring in this
behalf But he defeats himself at the outset
of his effort. We understand him to declare
that if, after the Constitution is so framed, it
be rejected by a majority of the people, at
the polls, il falls, and there is no remedy, un-
less new authority come from Congress to
commence de nouO. He assumes the i'm
possibility of establishing, in any State,
Constitution disapproved by majority of
the people of the Statc,a proposition doubt
less correct in every respect but this. We
have already shown that in the matter Of
their Form, whether it shall be Republican
or Anti-Republican, the people have no right
of choice. They must have the former. 1t
does not matter whether two-thirds or ninety
nine one-hundredths are in favor of an Anti
Republican Form, their voice weighs nothing
whatever in the issue. Indeed there is no
issue. The question is not open, but at the
very outset decided. 1t is therefore useless
to argue, after judgment has been rendered
from the highest tribunal.
As practical operation, indeed, ii would
be utterly useless, in any State where the
favored class were majority, to submit to
popular vote the question Of doing Justice to
all. The result would be the samc,over and
over. The minority, even though allowed
an opportunity to vote, could not poll n
majority Of ballots, and the effort in every
instance must fail
Without considering other methods OF
action on the part of Congress, we pass
to that which in our opinion is appropri-
ate and must be effectual. This is simply q
Legislature act, based upon, land in pursuance
Of the Constitutional mandate Let the
Congress declare that no State shall place in
its Constitution, or enact in its legislation, O
feature in contravention of the Constitutions
, clause, by setting up any privileged class d
, voters,o excluding from equal voting right.
any class, on account of their color race, o
, geographical location. This legislative &C
will be of the highest authority, no, baset
upon Il poUer granted in the Constitution
but enacted in pursuance of its clear and OK
plicit direction. 1t would reach the case
, for it would restore to their rights the Olsen
: franchised class and give the choice of Of
+ ficers to the great body of the people, Il
I the State of Delaware, without any tcdiou
[ and uncertain movements and operations q
$ formal assemblies, without asking the con
S sent of those unjustly in power, the citizen
now deprived Of their natural rights woul
c be restored at once to the enjoyment of thei
e just sovereignty.
c VII. HOW CAN CONGRESS ENFORCE IT'S LEG
IsLATIoN?
!, To this important query, the answer seem
u equally plain. The Supreme Court, in th
opinion which declared that the obligatio
upon "the United States" was mandator
order on Congress, held further, that Cor
gress decided the question whether the Cor
: stitution of State was Republican or no
IS at the time when the Senators and Repr,
y sentatives from that State presented then
: selves for admission.
1t certainly is not meant, by the languae
. used by the Court, that this time for decisio
ends with the original admission of Sci
Is ators and Representatives when State fir
J. enters the Union, for that would be to pra,
tically annul the whole examining authorit,
l. A Constitution of State, Republican in for
d to-day, when Senators and Representative
; are admitted to seats, may be changed t,
ii morrow, to be utterly ti-Republcan.
3 the time for investigation, and admittant
l. or rejection, passes with this occasion, Il
m power becomes useless, and void Of an
N value whatever.
le On the contrary 1t is the only reasonab
/ and possible conclusion, that Congress ca
re at all times exercise this power of excludir
the Senators and Representatives sent |
u any State which has a form of Governmel
- q.
J Hon. Francis Thomas, NJ. G.