The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1867-06-15
adoption Of a form Of government.

that one portion Of the mass can arrogatc 10
themselves tho title 81 legal voters" and cx.
cludo their follow citissns 81 different race or
color from all participation IN the question.
The right Of all 10 participate In the qucs.
ton IL an inhereHt right-as Il Is not given by
any existing law, neither can IL DO taken away
Government, under cur Republican system
originates from the pcople-rcsts upon the
consent Of the govorned-ls founded In com.
pact or agreement Of It's members, aud IL insti-
iuted solely for the good Of the whole cOmmu.
nifty, and every man having property In, n
common interest with, and an attachment 10
the community ought 10 have a right Of suf-
fragc at least have the authority OF tho Bill
Of Rights Of Maryland adopted in iI76 for say
ing so, for have quoted its Language.
II all citizens are not 10 participate in the
question Of the adoption Of a form Of govern.
mcnt by which all arc TO be governed. then u
may follow that majority Of the citizens Of
the State can be deprived OF their most cher
and u government may be established which
the majority abhor, and to which they must
render allegiance
The bare possibility Of such n result, ought
10 make Us very careful how We adopt prin
ciple which may lead 10 u.
The Civil Rights Bill, passed by Congress
and which il Of paramount authority in every
State, and 10 which all conflicting State laws
must yield, confers upon all citizens without
regard 10 race or color " full aud equal benefit
OF all laws aud proceedings for the security Of
Person and property" Such Is its very Ian
guagc.
II IL said, that this law does not confer the
right OF suffrage upon the cclorcd citizen. I do
| not admit that in voting on the question Of n
| new constitution, any citizon votes by reason
OF the right Of suffrage having been conferred
| on him. contend that the yighf Is inherent
in all citizens. white aud black. II may be
granted. therefore. that the act Of Congress
does not confer the right Of suffrage upon any
one.
But In making the negro a citizen. does Il
not thereby confer upon him the right 20 the
iull and equal benefit with the white citi.
zen Of the existing constitution
Can you overthrow and annul that and take
from him his rights and privileges under il
whatever they may bel without his consent
| and without allowing him voice In the ques.
ton And then substitute q new form Of gov
eminent, which. while IL claims his allegiance
aud submission. is made the weapon for the
| destruction Of those very rights and privileges
which he enjoyed under the old instrument ?
When you tell the negro citizen that he cannot
vote ON the question Of the adoption Of the new
constitution, he will reply that you cannot take
away his rights under the existing constitu-
ton without his consent when you tell him
that government IL founded upon compact be.
tween white mon, he will reply. II he Is not a
party To the compact. howcan he be bound by il :
and how can he be party IL he Is allowed no
y
essence OF a raid compact that those who are
TO be bound by and fulfil its obligations must
/ IN some manner signify their assent Ia IL "in
coinpacts. says Judge Story, eve ourselves
determine aud promise what shall be done be.
fore we are obliged to do IT," That Is. we agree
/ TO the compact before We are bound by It.
When you tell him that he is not ga white male
citiEen. he will reply, in the language Of the
| old Bill Of Rights. 1.-The Rights Of all citizens
squally0 that he IL tfree) man, the owner OF
| property. having common interest with and
an attachment 10 the community. and ought %
i hdrc a right Of suffrage.
| II It be alleged that the negro is dcbarred the
right Of suffrage under the present constitu.
ton. Let this be granted. but why debarredl Is
II not because when he as n citizen adopted this
state as his dcmicil-he adopted likewise and
yielded submission 10 her existing constitution
lie enlisted under IL as he found Il, but when II
Is sought 20 make him subject and his allegi.
anee u exacted ~ new iorn Of government
| involving new obligations. without his consent
and in direct violation Of what he deems the
fundamental law Of right. his position in the
state as a free man and citizen 10 wholly al
tered. and II he yields submission il will be 10
the law Of force-the law of might, not right
II u not strange or novel that new members
should be added 90 the body polite: il il all the
time receiving new members; il is not a ciost
corporation. Every citizen from another State
and every newly naturalized citizen clecting
minor in the State as he attains majority. come
in a. members Of Ahe body and are invested
with all the rightFand privileges Of those who
compose the entire membership. And many
such new " members " will vote on the question
Of the adoption Of the new constitution who
| never cast ballot before In their lives.
| am aware that in some sonsc minors, wo.
men, lunatics, &C., are citizens but il is foreign
u my purpose 10 enter into their relations 10
the State or body polite. Whenever white
women In Maryland are allowed to vote, and
black women are denied the same privilege. the
| question may come up. Until then ! propose
/ to let il rest whcro il Is.
II is now settled law in Maryland, and
throughout the Union, that the negro is il cit.
| izen Of the United States and Of the State In
which he resides, and all his rights as such arc
as fully guaranteed To him by the Federal Con.
stitution as 10 the white man. Citizenship
| (says SARGENT means n residence or domicil
IN n particular State by one who Is a citizen Of
the United States" He says, further, ait has
always been well understood among Jurists in
| this country, that the citizens Of each State
constitute the body polite Of the State. and
that the citizens OF each State in the Union are
| .Pso Jaeto citizens Of the United States.
When the Constitution Of the United States
suffrage in, several states, and when adopted,
Judge Curtis tlate Of the Supreme Courtl says,
they became, in every sense, (under the Con.
| stitution,) part OF the People Of the United
States" This 10 the doctrine now held and ex.
pounded by the Supreme Court Of the United
| states, binding on all the Courts Of Maryland
as the supreme and paramount Law. any dicta
OF Judges In the bred Scott case 10 tho contrary
notwithstanding.
10 10 said, however, that the right or privilege
Of " suffrage u not necessarily incident 10 eli.
iEenship; that man may be = citizen and no,
| entitled, under all circumstances, to vote. This
4 IL n n..as A a
mitted 30 far AZ il extends % suffrage AZ legal
elections, held under and in pursuance Of the
| organic or statute law Of the Htat.-and the
principle prevails because by those laws the
privilege 10 prohibited, AZ saek elections. when
inc People, however, in their Sopereiga eapaei.
~, propose 70 establish New organic law. and
70 abolish the Old, these restrictions or prohibi.
ton. ~ 10 suffrage are necessarily imperative
for the reason that the ESQ called election b
adopt or reject 10 not held under or by author.
| ity Of any provision contained In the old Con.
sutution OF OF any statute law whatever. II Il
. revolutionary, rather than n legal, proceed.
ing, from beginning 70 end.
Legislative sanction may BE- previously oh.
tanned for the holding Of a Convention 10 put
The new instrument into shape, and for the pur-
pose OF setting in motion the machinery and
other incidental inatisrs. 90 that the business
may proceed 10 the end contemplated decentiy
and in order, and tho result Of The determine.
ton Of the People, whether of adoption OF re-.
lection, ascertained aud proclaimed In a fair
and public manner. but the Convention does
not sit by authority Of the Legislature. nor does
their work, when completed, derive any legal.
ity whatever from the so-caIled Legislative
sanction, as is well known aud admitted ON all
hands.
In considering this question II should also be
further borne IN mind that u does not concern
The negro alone, or mainly, perhaps. Itis per.
feetiy hlr and Legitimate % consider the qnes.
ton - u bears upon the minority under the
election soon 20 Be held 70 determine this cues.
ton Of . new Constitution. Suppose, as q By
no mean. Improbable, that the negro in Mary.
land holds The balance Of power, and can, 6y
bis v1te, turn the seale-foF or against me adop.
ton. In this manner the white voters haveth
deepest Interest In this question, entirely dis.
tinet from the interest felt by the negro popu.
lation. AZ against the white minority voting
Against its adoption, Y may nevertheless pre-.