The New York herald., 1868-06-11

the nrst perpetuating religious liberty: the second
perpetuatng trlai oy Jury hapeas corpus and judi
law; the third perpetuasng schools and the means
Of education; the fourth perpetuating the
title OF the United States in the soil, with
out taxation OF the freedom of the rivers
as highways. and the liability OF the people for
peuatng the right OF States to be admitted into the
Union an equal footing with the other states and
then next 10 order ths SIXTH u G freedom d,a
bough OF this mighty oak that there shall be neither
slavery nor involuntary servitude IN the SAID Terri
tory. Now IL is clear to subJectlon that these per-
petua conditions were not considered In any respect
Inconsistent with That equal footing Wnlch was
stipulated Therefore, even assuming that the States
when admitted shall be ON an equal 10oting Win
others. there be no hpdrance TO any cohdilions
by Congress kindred to those which were the glory
OF the ordinance. To all who, borrowing CATCH
word from slavery, assert the elaty OF states OPP
pose the plain text of the constitution winch con.
there U the eomatv NAV be- waived and oppose also
the ordinance OF 1857, which, while requiring that
new States shall be admitted ON an equal footing
with other States, teaches by its own great example
that this requirement Is not inconsistent WIN the
conditions OF all kinds and especially in favor OF
human rights. From this review it Is easy TO see
that we approach the present question with
out any inpediment or constraint in me
consultation Not provision, not . clause, not q
made an apology even for the present opJcc-
tion-absolntely nothing-and l here challenge
reply Without any support in the constitution
its partisans borrow one OF the worst pre-
tensions OF slavery, and utter ii now as 1t was
the voice OF slavery crying out in familiar tones
that conditions cannot be imposed new States;
also that slavery which we thought had been slain Is
like the majesty OF buried Denmark in the same 1gure
like the king that's dcad and then, IKE this same
ghost itcres out '.Swear ~ and then again Swcar !"
and Senators pledged to freedom take up The old pre-
tension and swear II anew. For myself insist not
MI its wretcned pretensons hostile to human rights
shall be buried with it, The conditions upon new
States are OF two classes-First those that may De
vArod cnndt fbaf vnuat no "a
first comprises those conditions which the nation
may consider it advisable to require before
Of the government. The constitution, in positive
words leaves to the nation discretion with regard
to the admission of new States. ihe ~ words % are
thus plainly recognizing latitude under which
any conditions not inconsistent with the consttu-
OF new partner. All this is entirely reasonable
but do not stop to dwell on it, for the condition
which have at heart does come under this head
1t is fundamental condition in favor of human
rights and s of that essential character that 1t must
be required. Not to require 1t is to abandon a
plain duty-sO 1t seems to me. | speak with
all Difference to Others, but l cannot see 1t other
wise. The constitution declares that the United
Union republican form Of government
These are grand words, perhaps the grandest in the
constitution hardly excepting the preamble, which
is so full OF majestic meaning and such fountain OF
preme obligation imposed on the United States to
You cannot avoid this duty called to its perform
ance. You must supply o practical definition of a
republican This again. you
bities OF your position. You must say
what IN your Judgment is republican
government You must so decide as not to discredit
our fathers and not to give an unworthy example TO
mankind. Happily the definition Is already on
amid the thunders OF Sinai when they put forth their
Declaration Of Independence There 1t stands in the
very front & Of our great charter embodied died
all men are equal in rights, and Sec
ond, that all just government is founded
gether making an automatic truth as plain as the
sun. Blind Is he who cannot see 1t. And this is the
grand principle be9ueathed as a freehold by our
here, II is nevertheless true 1t has been attacked;
so have savages shot their arrows at the SUM- Clear
all have equal right to participate In the gov
ernment. ] know not # anything can be
subtracted The constitution itself sets the example
of imposing conditions upon the States. Positively,
" says no State shall enter into any treaty. alliance
or confederation; no State shall grant letters OF
marque or reprisal; no State shall coin money:
State shall grant bills OF credit. Again 1t says no
State SHALL without the consent OF Congress- lay any
duty Of tonnage or keep troops or ships OF war in
time OF peace. All these are conditions In the text
OF the constitution plain and integible as TO re-
quire further calculation. To repeat them
on the admission Of state would be super
| nuous. II is difrerent however with their highest
condition Of all, that the State shall be repub-
| lican. This requires repetition and eucidaion.
SO as to remove all doubt OF It's application and to
u
can government. Here / might close this argu.
ment; but there are TWO hostile pretensOns which
probation OF qualification" being nothing less than
the impossible assumption that because the State
may determine the qualification, therefore they
can make color criticism Of the electoral franchise;
and the second founded on false interpre
tation OF The asserted power OF the states
than the impossible assumption that under the
power to regulate suffrage the rights OF whole
may be annihilated. These two pretensions are, Of
con dAriV Vn1 fPnIn
from the eggs that the cuckoo bird has left behind;
strange that Senator'S will hatch them. by the con-
stitutiOn IL IL provided that 1.-THE electors in each
State shall have the qualifications requisite for
electors OF the most numerous branch OF the State
LEGISLATURE On this clause Senators build the
impossible prctensi0n that State cannot be inter-
rupted in its Acknowledgement OF race. Here is the
argument, because State may determine the quail
hcatiOns OF electors, therefore 1t may deprive a
whole race OF equal rights and Of participation IN
the government. An insnrmountable condition Is
OF electors; 1t cannot under this authority
arbitrarily exclude whole race Try this question
blacks are numerous should undertake to exclude
the whites from the polls on account OF color would
sst that such government, sanctionlng such q
denial OF rights, under whatever pretext could not
gravely declare that ali win black eyes
should be excluded from the polls, and stili
another should grandly declare that all with
am sure you would lind IL difficult to restrain the
mingled deKlsOn and Indignation which such pre-
tension must excte but this fable pictures your
duct. All this is now gravely done by States and |
Senators gravely insist that such exclusion is proper
i'm determining ''the qualifications" OF cleo
tors. Like unto the pretensiOns founded |
msinterpEe.ation OF qualification is that other
founded on mfsinterpretaon OF me asserted power
of State TO make regulations. Listen TO this pre-
tension. assuming that a State may regulate the
elections without the intervention OF Congress- II
Is insisted that IL may disfranchise race. Because
state may regulate the elective franchise, there |
fore 1t may destroy II. Surely 1t Is one thing to
regulate and quite another thing to destroy. The
power TO regulate cannot involve any such conclu-
sion OF tyranny to any such wretched result hOws0-
urged. There is sufficient reply-Ron se4ui-
t According TO the constitution the times, places
and manner of holding elections shall be prescribed
In each state by the Legislature thereof but the Con-
gress may al any time by law make or alter such |
regulations, except as to the places OF choosing |
Here is the text OF this pretentous power
to blast race. In these simple words such
power can be found unless the seeker makes the
sttution renexion Of himself. The times, places |
and manner of holding elections are referred TO the
States nothing more and even these may be altered