The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1868-06-25

suits which have attended their eX5Clliph'
! Even were this not the case, | would rot
! consent to a bill which is based upon the
| assurn ption either that by an act Of rebellion
/ of portion of its people the'State oi ATkan-
( sss seeded from the Union, or that Congress
| may at its pleasure expel or exclude State
! from the Union or interrupt the Govern
| ment, by arbitrarily dep-iv.ng t Of re. r,sen-
! tation in the Sepa.e and House Of Represen-
| tatIyes. If Arkansas is a State no: IN the
Union this bill does not admit her as State
| into the Union. If on the other hanG Ar
! kansas is a State in the Union, no leSis alton
! is necessary to declare her entitled to repre-.
seutation IN Congress as one OF the States oi
the Union The Constitution already de-
cares that each State sh;.u have at least
| one Representative, ;" tina: the Senate shall
| be composed of two Senator'S from each
! State - and THAT no State, without its COL
sent, shall be deprived of its equal suffrage
! in the Senate" That instrument also makes
each House the Judge of the elections, returns
and qualifications of its own members, and
therefore all that is now necessary to restore
Arkansas in all its constitutional relations
to the Government is a decision by each
House upon the eligibility OF those who'
presenting their credentials. claim seats IN
the respective houses Of Congress. This Is
the plain and simple plan of the Cor Lstitu-
ton. and believing that had it been pursued
when Congress assembled in the month OF
December, 1865. the restoration OF the
States would long since have been compile
ted, l once again earnestly recommended that
it be adopted by each House IN preference
to legislation which l respectfully submit is
not only OF at least doubtful constltutlonah-
ty, and therefore uuwise and dangerous as a
precedent, but is unnecessary, and not so
&c hn mo
scribed by the Constitution, involves addl-
tioaal delay, and from its terms may be
taken rather rs applicable to territory
about to be admitted as one of the United
States, than a State which has occupied
place in the Union f,r upwards OF quarter
of a century. The bill declares the State of
Arkansas entitled and admitted to represen-
tatiou in Congress, as one Of the States OF the
Union. upon the following fundamental con-
ditions that the Constitution of Arkansas
shall never be so amended or changed as to
deprive any citizen or class OF cltlZauS OF
the United States of the right 10 vote by
the Constitution herein recognized, except
as punishment for such crimes as are now
felOnies at common law, whereof they shall
have been duly convicted under laws equal
ly applicable to all the inhabitants OF SAID
State, provided that any alteration OF SAID
Constitution, prospective in its effects, may
be made in regard to the time and place of
residence of voters | have been unable to
6nd in the Constitution of the United States
any warrant for the exercise OF the authority
thus claimed by Congress, or assuming the
power to impose fundamental condition
upon State which has been duly admitted
into the Union on an equal fOotlng with the
original States, in all respects whatever.
Congress asserts a right 10 enter State as
it may territory, and 70 regulate the high
est rrcrogative of free people, the elective
franchise The question is reserved by the
Constitution to the States themselves, and
to concede to Cong es-.. ..the power'to rsgu ate
this suiject would be To reverse the iunda-
mental principle Of the republic, and to
yIace in the hands Of the Federal Govern
meut. which is the creature OF the States,
the sovereignty which justly belongs to the
States or the people, the true source OF all
political power, by whom our Federal system
was created, and to whose will it Is subordl-
nate. The bill fails to provide in what man
ner the State Of Arkansas IS to signify its
acceptance of the fundamental condition
which Congress endeavored to make unlIter
able and irrevocable /; nor does it prescribe
the penalty to be imposed, should the Peo-
pie of the State amend or Change the par
ticula- portion of the Constitution which 1t
Is one of the purposes of the bill TO Perpetu-
ate, but as to the consequences Of such ac-
ton. leaves them in uncertainty and doubt.
When the circumstances under which this
Constitution has been brought to the atteL
ton of Congress are considered, 1t Is not unN
reasonable to suppose that efforts Will be
made to modify its provisions, and especially
those in respect to which this measure pro-
hibits any alteration.
1t is seriously questioned whether the
Constitution las been ratified by a majority
of the persons who, under the act of March
I'd, 1867, and the acts supplementary there
to. were entitled to registration, and to vote
upon that issue. Section 10 of the schedule
provides that no person disqualified from
voting or registering under the Constitution
shall vote for candidates for any office, nor
shall be permitted to vote for the ratification
or rejection of the Constitution at the polls
herein authorized, and assumed to be in force
before its adoption. In disregard of the law
Of Congress, the Constitution undertakes to
impose upon the electors other and further
conditions. The fifth section of the eighth
article provides that all persons, before regis
tering or voting, must take and subscribe an
oath, which. among others, contains the fol-
lowing clause 'That I accept the civil and
political equality Of all men, and agree not
70 attempt 70 deprive any person or persons
on account of race, color or previous condi-
tion Of any political or civil right, privilege
or immunity o.jyyed by any other class of
meu."
1t is well known that very large por-
ton Of the electors in all the States, if not
a large majority of all of them, do not be-
lieve in or accept the political equality of
Indians. Mongoleaus or negroes with the
race TO which they belong. If the voters in
many Of the States of the North and West
were required to take such an oath as test
of their qualifications. there is reason to be-
lieve that a majority of them would remain
from the polls rather than comply with its
degrading conditions. How far and to what
extent this test oath prevented the registra.
ton of those who were qualified under the
laws Of Congress, it is not possible to know,
hut .1,cl, ,rrns effect c,rfrric,t