The Portland daily press., 1867-10-15
DAILY PRESS.
Tuesday Morning, October 10, 1857.

PORTLAND.

|
The Power Of Congress 10 Resaiase Snf-
iHst frnse.
| The defeat of the proposed amendments to
| the constitutions OF Connecticut and Ohio,
| by means of which impartial suffrage was to
be established in those States, naturally leads
the advocates of this most just and important
measure to consider what means for accom-
plishing it remain. Accordingly, We find an
editorial in the New York Tribune in which
the right of Congress TO establish the qualifi-
cations of voters in the several State is earn
estly contcnded for, and this view OF the ques-
ton is endorsed in very able manner by a
communication which was published in the
Press of yesterday. But there is great divi-
sion Of sentiment respecting the power OF
Congress in the premises among persons who
of which impartial suffrage may be constitu-
tionally established. Hon. Lyman Trumbull
published ia the first number of the "Ad-
vance" a paper upon this subject, taking the
ground that Congress has not the authority
claimed for it by the Tribune and by "Repub-
loan." He anticipates Republicans argu-.
ment founded upon the guarantee clause of
the Constitution thus:
The power of Congress to regulate
suffrage in the States cannot be de-
rived from that clause which requires that the
United States guarantee to every State in
this Union Republican Form of Government"
because such construction would be incon-
sstent with the clause already quoted, which
leaves each State to fix the qualifications of
electors of the most numerous branch of its
Legislature; and for the further reason, that
Republican Government does not depend upon
the number of the people who participate in
the primary election of Representatives The
Constitution is to be interpreted as it was un
derstOod by those who made it and it will not b.
denied that at that time suffrage was much
more restricted in all the States than it is in
any Of them at present; still no one can sup
pose that the men who made the Constitution
intended to declare all their States anti-repub-
lican, or that the States themselves would
have adopted a Constitution which they sup
posed susceptible of such an Interpretation If
to constitute republican form of Govern
ment certain number must partici-
pate in the election of officers, how many
must it be, and of what officers? Must it he u
majority of the adult population? This has
never been the case in any State, for females
constituting One-half have seldom voted any,
where. In many of the States judges and
many other officers are not elected by a popu-
the Executive. Is this anti-republican? Even
the electors of President are to be appointed.
i'll each State in such a manner as the Legisla-
ture shall direct; and shall it be said that the
United States is not Rebublic, because its
Chief Magistrate is not elected by a popular
vote? Or because Senators are elected BY the
Legislatures of the several States instead of by
the people direct? The republican form of
government required to be guaranteed to each
State is a government of such character rs
existed in the States when the Constitution
was framed; and for Congress usder the plea
of regulating suffrage TO declare such govern
nents anti-republican, wOuld be the subver-
sion instead of the guarantee of republican
forms OF government, and would necessarily
>abrogate all existing Stale governments; since
EVERY one does now and always has regulated
Mlffrage for itself
Z But "Republican" contends that the power
Of The States to prescribe the qualifications of
voters is made subject to possible restric-
ton by section of article OF the Corstitu-
ton, viii III authorizes Congress to make or
alter regulations prescribed in the several
States as to the times, places, and manner OF
holding electio1. By allowing the National
legislature TO make or alter regulations in re-
lation to the manner of electing Senators and
Representatives, it is urged that the Constitll-
ton abridges the authority OF prescribing the
qualification of voters which it has previously
conferred upon the States. In support of this
view, Mr.. Madison is reported to have said in
the Virginia Convention, in response to a
question by Mr.. Jefferson, thai the clause in
the Constitution, which empowers Congress
to prescribe the manner of electing Senators
and Representatives, clothes that body with
authority 10 pass "a national, uniform suf-
lra2e law" This construction by Mr.. Madi-
son would be almost conclusive were there not
another still more authoritative-that Of the
Convention which framed the Gu stitution.-
That Convention by refusing to strike out the
clause of section Of article L, which reads
"And the electors in each State shall have the
qualifications requisite Tor the most numel-
ous branch of the State Legislature" Teea-
tlved the idea that it was intended to neutral
ize section by section 4 of the same article.
The motion to strike out the clause above
quoted was rejected by the vote OF all the
States except Delaware and Maryland, and
the vote of the latter was divided
That impartial suffrage in all the States
conclusion. The question of means is the
only one that remains to be decided. Mr..
Sumner will no doubt call up his bill upon
the subject Immediately upon the assembling
OF Congress on the 2lst OF next month, and it
is morally certain that either that bill will
pass, or that constitutional amendment will
be submitted to the States for ratification
which will effect the same purpose. The lat
ter course is the one insisted upon by Mr.
Trumbull and his friends.