The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-01-15

a principle, and the desire to retain It as y
existed in the minds of good men at ina.
day. That principle put on paper gives
the essential part of constitution tne
remainder, in my Judgment, is only 10 !,
state the machinery-viz., that there snail
be an executive, legislative. ana 9 uot-
cial department, composed OF certain Oh
.fieers, either elected or appointed, OF otnel-
wise given official functions. Then, having
said who shall be electors, who shall naVe
the right to be elected, and how the cleo
tions shall be determined having these,
with the incorporation, as / said before, OF
the organic principle, you have all that is
desired for constitution. a constitution
is. in other words, with all its various
departments, nothing more than limit
mon the rights of maJorltles ID
their dealing with individual citizens or
the rights Of minorities. It says to the
majority, "Thus far shalt thou go, ana no
farther" / trust, therefore, may, with
out offence to any gentleman present, sug.
gest that in the constitution that IS aoou.
to be framed for this State, 1t would
be a part of wisdom to take some cons.itu-
ton which has grown up with the people as
a sample or Judge, only adding to II sach
new provisions which the great Crisis
through which we have just passed Wonlo
seem to make necessary. Change nothing
TO which the people are used, unless
valid reason can be found. What they are
grown no to and understand do not change.
Now. then, think there is great prlncl-
ple on which all can agree-that Is the
right of every man who is citizen OF the
State to have equal powers In the State,
impartially distributed, and every constl-
tuition would seem to be opposed to free
government which does not give that right.
Every citizen Of the State shouio nave
an equal share of power in the State, ana
that should be fixed beyond all peradVen-
ture. :,
I do not at present wish to call your
attention to the question whether there is
or is not a right on the part of State TO
secede from the United States, because II
that is not already settled beyond all ques-
ton. it never can be by any amendment
to the Constitution, or otherwise. Ii the
God of armies has not settled this question
nothing in the world can be settled.
Another, and it would seem to bea neces-
sary corollary to this, arises as to the
right of every man to an equal share in the
Government-and that right, made ina
lienable and indefeasable, would seem to
draw with it the consideration of the ques-
ton as to how far any man can be deprived
of his Just and equal rights in the Govern
ment by constitutional enactment; ana L
think it may be safely said that any Con-
stitution which should be made, and which
would provide for the Withholding of their
rights from large class of its citizens,
and keep them in State of dependency
on any other class of citizens in the State,
would be unjust and wrong; and now,
without fear of giving offence, let me bring
this to what seems to me to be a practical
view Of the case.
By reason of the war the legislation
of Congress has DISTINGUISHED portion OF
the citizens of this State. Now, hold that
universal ranchisement is essential to
constitutional liberty. No man can be
disfranchised except for crime. In the
ordinary course of human events, no man
should be disfranchised except for crime,
iudicially decreed. But here it is not to be
disguised that we are in transition state
from one Government to another. Acting,
I am bound to assume, from convictions OF
right, portion Of the citizens of this State
undertook to secede from the United
States, and submitted the question to the
arbitrament of the sword. Now, however
wrong that was, no community can be pun
ished for a sin if they were mlsled; no
rights can be taken away from them; pre-
vention is all that can be appled-but as a
mere punishment, nothing can be done.
The terms may be prescribed upon which
they may be brought back-this is right
which the Government possesses-and the
Constitution, it would seem to me, should
only assert what would be sufficient to
give those who are loyal to the Govern
ment, though they may have been misled-
loyal to the General Government, and to
the new State Governments as part of
the General Government, the central of the
Government.
No man puts q helpless child into the
arms of its enemies, and young govern
ment should be put into the hands of its
friends. I then call attention to the neces-
sity of having provision in the Constitu-
ton to give the opportunity to those here
after, at as early day as is consistent with
the public safety, who show themselves
attached to the principles Of your new
Constitution and the Constitution of the
United States, of relieving themselves OF
all disabilities. Never trust Legislature
to tax away mans rights. 1t IS safe to
trust it with the restoration of his rights,
however. That brings US, then, to this
question: "What should be the exact
test?" Some men, in framing constitu-
tions, deal largely with test oaths. They
are at best a necessary evil; sometimes
necessary in such abnormal conditions of
society, but always an evil, because they
are to men what cobwebs are to flies-they
catch the small, and let the large ones
through. 1t catches and holds in its
meshes any man of principle, but lets the
unprincipled through.
Especially is this so when men doubt the
right of the imposition of the oath upon
them. Now this being the case, I would
advise as few test oaths as possible, and if
desirable, to impose penalties. Now if
you deem it desirable to impose penalty
upon that issue it would seem more likely
to accomplish its object; for, to use a
homely expression, never use whip un-
less you have snapper on it ~; but never
use the whip when you can help it. You
should hold out inducements to draw all
persons to their allegiances, and induce
them to become good citizens under
the Constitution. I think that many
of the disabilities now imposed upon
citizenship should be removed. I think
too large class Of disabilities were in
cluded in the test oath of Congress-. It
would seem amply sufficient, for the rea-
sons already given, that the only oath re-