Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-02-13

of States; not to say who shall or shall
not vote at an election. The Constitu-
tion in its provisions determines how
members of Congress shall be elected,
and State Legislatures have the right
to prescribe the qualifications of electors. |
We claim that Congress has un-
dertaken to- assume for itself this
right, which properly belongs to
the States, and in this re-
spect it has violated the plainest pro-
vision of the Constitution by attempting
to declare the qualifications of an elector
in any State. When they set up in the
South this military authority as the
supreme law, with power to ar
rest try, imprison and execute citi-
zens of the South, in violation of the
provision of the Constitution, which de-
clares that no man shall be deprived of
his liberty except by proper prrsentment
and due process of law. and not by mil
itarys tribunal or packed jury, without
the benefit of counsel, it was case of most
infamous violation of the plainest pro-
vision Of the Constitution. l make this
charge specific enough, I hope, and ]
further say, that any man who votes in
favor of q resolution indorsing that Con-
gr4ss. is guilty both of official and moral
perjury, - III
= But, say. these gentlemen, there is
clause in the Constitution requiring Con-
gress to guarantee Republican, form Of
Government to each State, and under
that they say that they have right to
fix up Government to suit themselves.
That is not what Mr.. Madison believed.
He did not hold to any such doctrine
will read few extracts from him upon
that subject:
ITO guaranty to every State in the
Union Republication of Government,
to protect each of them against invasion,
and on application of the Legislature or
of the Executive (when the Legislature
cannot be convened) against domestic
violence"
"In contederacy founded on repub-
lican principles, and composed of repub-
lican members, the experimenting gov
ernment ought clearly to possess au-
thority to defend the system against
aristocratic or monarchial innovations.
The more intimate the nature of such
an union may be, the greater interest
have the members in the political insti-
tutions of each other, and the greater
right to insist that the forms of govern
ment under which the compact was en-
tered into should be su6stantially main
tanned"
Again he says, in the Federalist, in
17SS:
alt may possibly be asked, what
need there could be of such precau-
tion, and whether it may not become a
pretext for alterations in the State gov
ernments without the concurrence of the
States themselves. These questions ad-
NIT of ready answers. If the interposi-
ton of the General Government should
not be needed, the provision for such an
event will be a harmless superhuity only
in the Constitution. But who can say
what experiments may be produced by
the caprice of particular States, by the
ambition of enterprising leaders, or by
the intrigues and influence of foreign
powers. 70 the second question it
may be answered that if the General
Government should interfere by virtue Of
this constitutional authority, it will be, OF
course, bound to pursue the authority.
But the authority extends no further
than to guaranty Of republican form
of government, which supposes a pre-
existing Government of the form which
is to be guaranteed. AS long, therefore,
as the existing republican forms are
continued by the States, they are guar.
anteed by the Federal Constitution.
Whenever the States may choose to sub.
stitute other republican forms. they have
right to do so, and to claim the Fed
eral guaranty for the latter. The only
restriction imposed on them is, that they
shall not exchange republican for anti.
republican constitutions; restriction
which, it is presumed, will hardly be
considered as grievance"
These are two identical questions now
under discussion by this House. But
Mr.. Madison, the great expounder, fur
ther and most explicitly. says:
"The powers delegated by the pro-
posed Constitution to the Federal Gov
ernment, are few and defined. Those
which are foreman in the State Govern
former will be exercised principally on
external objects, as war, peace, negotia-
tion and foreign commerce.; with which
last the power of taxation will, for the
most part, be- connected. The powers
reserved to the several States will ex-
tend to all the objects which, in the or
dinary course of affairs, conc rn the
lives, liberties and properties of the peo-
pie; and the internal order, Improvement
and prosperity of the State"
Now, if gentlemen understood the Con
stitution as MIR. Madison, there would be
no difficulty experienced. Mr.. Madison
further says, and will read the extract
for the benefit of my Republican friends
"Whoever attentively considers the
different de,,artfhents of power, must per
ceive that in Government in which
they are separated from each other, the
Judiciary, from the nature of it's func-
tions, will always be the least dangerous
to the political rights of the Constitu-
tion, because it will be least in a capac-
ity to annoy or injure them. The Ex-
ecutive not only dispenses the honors,
but holds the sword of the community
the Legislature not only commands the
purse, but prescribes the rules by which
the duties and rights of every citizen are
to be regulated the Judiciary, on the
contrary, has no influence over either the
sword or the purse no direction either
of the strength or of the wealth of the
society. and can take no active veresolutior
whatever. 1t may be truly said to have
neither force nor aoiN, but merely judg
ment. and must ultimately depend upon
| the aid of the Executive arm for the eff