The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-02-06

republic. How II can appear mere ana nnu VIC
panionship Is more than can comprehend. 10
body ever indicated slavery whs did not lay "
sna permit Sa nes ns 70 say now NOBODY an
vindicate CASTE whether civil or political:
tine direct Offerings 81 sSve waon Is
to remove the champion from the Judgment ofIhe
be read with sorrow hereafter. Do not complaint
speak strongly; the occasion demands It. seel 70
save the Senate from participation ~ 2 degracng
pretension. Others may be cool and Indifferent out
have warred with slavery too long not to be ar0eed
when this old enemy shows its head under ancher
same excuse is assigned now as then. It was nthe
name Of Estate rights, that slavery. with It's
brood O. wrong was upheld; and II y now OVID ntne
wrong, Ia upheld. The old champions reapear
under names and from other States, .ach
ton, Notwithstanding e' even its supplementary
amendments State may, II II peases. deny pitt
cal rights on account Of race or color; and thy es-
taDllSn tlat silent institution caste. This pever-
sity, which TO careless observer seems 90 icom-
prehensibe, is easily understood, when 1t icon
an Interpretation Of the national constitution sup
piled BY the uphoders Of slavery. State rightswere
exalted and the nation was BUNDLED. becaUe IN
this way slavery might be protected. Anything for
slavery was constitutional. such u the lessn we
were taught. How often it has sounded trough
law. Under its influence the right OF petiti0 was
denied, the atrociOus Fugitive Slave bill was eacted
anu the claim was advanced LlaL slavery tra6lleQ
with the dag Of the republic. Vain are all or vic
tories II this terrible rule Is not reversed o that
State rights shall yield to humane right, and
the nation be exalted as the bulwTk OF
all. This will be the browning victCy OF
the war, beyond all question. The rule unsr the
national constitution, especially since its additional
constitutional Yes, Sir, against the old rue any
thing for slavery put the new rlle-anythng for
human rights, sir. | do not declare righthastiiy
and know the presence in which speak. / IN sur
rounded by lawyers, and now challenge any enc or
all to this debate. Invoke the discussion n any
occasion less important Lord Cheatham afre saying
that he came out with the statute book doubled down
in dog Is ears to defend the cause OF liber!, said
that he retired on general principle, constitutional
principle exclaimng, lit Is ground on which
stand 1rm-a ground on which dare met any
now now No learning ' in books, no '' skAl s &C.
CURED In courts. no sharpness Of foreLsc dia-
ietIcs, no cunning IN splitting hais, can
which announce Whatever you enact for human
rights is constitutional. There can be nc State
law OF the land, anything in the constitutional laws
OF any State to the contrary Notwithstanding. A
state exercises its proper functions when, within It's
own jurisdiction 1t administers local law. watches
local interests, promotes local charities, AMI by Its
local knowledge brings the guardianship Of govern
ment TO the homes OF its citizens Such is The proper
that Capitalization which is elsewhere 80 absorbing;
buta State ranscends its proper function wien 1t in
ereres with those equal rights whether civo pOlit
ica which, by the Declaration Of Independence and
repeated tests Of the national constitution, e under
the safeguard Oh Tie QaLlOu. I0e state II local III
its character and not universal. Whatevais Justly
local belongs to its cognlzance; whatever is uni
versal belongs to the nation. But what can be more
universal than the rights OF manf Such they have
been declared by our fathers and this axiom OF lib
erty nobody can dispute Listening to he cham
pions OF caste and olgarchy under the national
stiruton and perusing their writings think that
understand the position which they take. With as
much calmness as ! can command lave noted
know 1t ALL do err when say that this whole
terrible and ign0mini0us pretenslOn Is raced to
constitution. Search history. study CONSTITUTIONS.
| examine laws and you will find no perversion more
revolving BY the national constitution is provided
that the electors In each State shall have the qual
cations requisite for electors OF the numerous
branches OF the State Legislature thus seeming to
refer the primary determination Of what are called
qualifications to the States and this Is reinforced
by the further provision that the times places ana
manner Of holding elections for Senators and Repre-
sentatives shall he prescribed in each State by the
Legislature thereof; but the Congress may at any
time by law make or alter such regulations. This Il
tegibie powers. The Champions insist thar nc, cool
may be made qualification, and that under the gust
| OF regulations citizens whose only offence is q
| skin not colored like our own may be shut
out nom political rights, and tnat in this way,
monopoly Of rights, being at once caste and al
ogarchy OF the skill, is placed under the safeguard
OF the national constitution. Everything from them
begins and ends In pervers0n OF the words, "Quai
hcations' and Regulations" Now TO this perver.
words are not Justly susceptible OF any such sgnica-
ton, especially In national constitution which is
|
not suffer. do not stop now for dictionaries. The
case Is too plain. qualification Is something that
can be acquired. man Is amiliarly said to qualify
for an Office. Nothing can be o qualification
which is not In Its nature attanable as residence
property, education or character, each OF which Ii
within the possible each OF well directed efforts
Color cannot be qualification. II the pre-
scribed qualification were color OF the hair OF
color OF the eyes all would see its absurdity;
but 1t Is none the less absurd when IL Ii
the color OF the skin. Here Is an Interchangeable
condition, impressed by Providence. Are we not
lad hiatt lal
nor the Etaiop his skim These are the two exam
Piles Of enduring conditions. Color IL q quality de-
rived from nature but quality = very different
and part OF himself, can never be o qualification
IN the sense OF the national constitution on Other
occasions have cited authorities and shown how
this attempt to fost into the national constitution
pernicsous meaning IL IN defiance OF all approved
definitions S as y Is plainly repngnant 20 reason Jus,
be pronounced ON the attempt TO folst this outrage
upon the power to make regulations, as II this word
had not limited slgnlncation, winch renders such
pretensi0n impossible. Regulations are nothing but
rules applicable TO given matter-lhe manner IN
which q business shall be conducted-and when
used with regard to elections are applicable to what
may be called incidents in contradistincton to the
principle, which Is nothing less than the right TO
vote. power TO regulate Is not power to destroy
or to disiranchse. In an evil hour human rights
may be struck down, but they cannot merely BY
regulations.
Mr.. SUMNER here argued at length against the as
SUMPTION cnat under the constitution the power Of
suffrage belongs TO the States, and summed up his
argument upon IL upon two propositions nrst,
that there Is absolutely nothing in the national con.
stution to sustain the pretension OF caste or OIL
garchy OF the skin as set up by certain States:
secondly that there Is In the national constitution
succession and reduplcaton OF powers investing
Congress with ample authority to repress any such
pretension. He then considered the two reasons as
signed for preferrfng a constitutional amendment to
act OF Congress as the means Of securing equal suf
frage-1rst, the doubtfulness Of the power OF Con-
gress, and second, the greater permanency OF an
amendment. In reply to the first he insisted that
the power Of Congress was not doubtful and In re-
ply to the second said he had no fear that
suffrage once given would ever be taken
away. In conclusion he misunderstanding the
reasons for the amendment I turn to these
which MAKE US hesitate TO present II for ratin-
cation. There are two. The amendment admits
that under the national constitution It Is with Its
recent additions, caste and an 0garchy OF the
skin may be set up by q state without any check
from Congress-; that these ignoble forms OF in
equality are consistent with republican government
and that the right to vote Is not existing priv-
lege and immunity OF citizenship. All this plainly
admitted by the proposed amendment, thus despoil-
ing Congress OF benehcent powers and emascu-
atlng the national constitution Itself. IL Is only
with infinite reluctance that can consent 70 any
such admission, which In the endeavor 20 satisfy