The Portland daily press., 1867-10-30

To the Editor of the Press /, ...-s. ...f 81,
Let me restate my position, for am not
quite satisfied with the Press's understanding
OF it. 1t is this: The States have the power
to make the regulations concerning elections,
including that of prescribing the qualifications
OF electors. But, whenever it becomes neees-
sary to revise and alter these regulations in
order to make them conolmable to the re-
quirementS of the federal constitution, il the
States neglect to make such revision and al
teraton, Congress may make them.
So far as respects the States that would
come into. the Union upon the adoption of
the constitution, it was understood that if it
should appear that their constitutions were
inconsistent with that of the nation IN regard
to elections, including suffrage, they would
afterwards amend them, Or failing to do that,
Congress would intervene, and at such time
as it should deem advisable, exercise its cor
rective power. aal l8 ~
The States were not all recognized as neces-
sarily republican in all respects at the time of
the adoption of the constitution, but, by its
adoption, they all acknowledged the power of
the United States to make them so. Upon
these points, and more especially upon the
former, the evidence furnished in the debates
in the general and in the State Conventions,
is conclusive. ,-. e.s ..aisa s.tr ~
rs The Constitution nowhere defines the quail
ifcations of electors in the different States,
and nowhere provides that they should be
uyhaf fhou 4 "a, xx,o,.a e ha5 Io,,a ...l,r,
the States would have no right TO make any
changes in these qualifications--all subsequent
amendments to their constitutions in this re-
gard, would be in violation of,the constitution
OF the United States. But in fact it is open
to the States to. .alter their constitutions in
respect to elections at any time, subject only
to the ultimate power of revision in the Unit
ed States. -..s. w, 5s -.
No Congress may undo {as the Press sup
poses it may) the work of any preceding Con-
gress in regard to elections, unless such work
(Which must be confined to the amendment
Of SO much of the State, Constitutions as are
in this respect exposed TO Just criticisniD shall
fail to accomplish its purpose, in which ease
it may be properly supplemented by further
legislation. Unless State should wholly fail
to make provision concerning elections and
suffrage, Congress can originate no regulations
whatever on the subject The States have
the right TO make them in the first instance
in all cases. The United States can ret,ercb
add to, or alter, only so far as to mako ,bon,
what the States should have made Them and
what the States should have made them is
to be aseertained by reference to other parts
OF the constitution, and especially that part
winch mades 1t the duty of the general gov
eminent, through Congress, to secure repub-
mean government to the several States
NO succeeding Congress can properly ana
nghttnlly undo what preceding one mas
done in the matter; it may only complete the
work OF its predecessor where that work has
been imperfect. As Mr.. Madison has said,
the particular regulations were left to the
States. the general ones to the United States.