, 1869-11-30

In 1866, Congress had before il the Diff !
cult question Of reconstruction, including
that d suffrage. To hAvo reconstructed.
tho robel States, leaving the enfrsnchised
black 1aco without any political rights, and
at the mercy Of their former masters, was:
to throw away the only element of con-
seryatism in those States, and to place po-
litical power therein exclusively in the
halads Of those who had borne arms against
the Union The proposition to amend the
constitution by directly establishing Impair
tial suffrage was rejected by the SENATE.
subsequently, joint resolution was report
Cd proposing what is now known as tho
| Fourteenth Amendment to the Constitution.
The first clause Of this made loug-nceded
uniform definition Of citizenship in the fol-
lowing words:
! IA! pe7ons born OF uaturalzei In tho United
eiszsa. q nc , Ta'sd :: states aaa Of The State
l Having defined citizenship, the amend
ment, in Its second clause, provides:
,"nspre.eesa'oa sasll BE- .ppes.,oned among
peIaoni In saeh st.se. excluding sfadlags
|
At any election for The choice Of Electors
| laE President and Vice President Of inc
Cnl.ed ssatcs,. Kepresentattres in Consrcss. tna
Genbess Of ,hs Lessis1uIe tae1eoi, i'd i. ssnlsd @ 70
| my OF The male anhahtttnts Of snch statc, being
81 years Of agt, ana citizens Of the Uuttel States
OF IN ans Wa{ abridged, except Tor plft c!patson
In rebellion, or other c.,me, the basis Of repre-
sentasion therein shali he reduced in the ptopot-
e. me zsoe q a1en.
! years Of ase In such State
At tho time this WIS adopted, it vas con-
Edersd and intended that it would have
reference only to tho denial or abridgment
Of the night OF negroes to vote. 1t was re-
ported in the HOUSE from the Committee
on Reconstruction, and passed that body.
When it reached the Senate, the only
change made in this section xas to substi-
tute the word t9inhabitantr for s'citizen," So
where the former word appeara in the Arti-
Gle ns it now stands. The whole subject
was elaborately discussed by friend ani
foe, and It seems it never occurred to ary
person thnt it won1d have a much more e1-
tensive and complicated application than
| merely to the question Of negro suffrage
The Fifteenth Amendment has disposed OF
exclusions On nccount Of race, color, md
previous serritude, leaving the Fourteenth
Amendment still in fosee to apply to other
caees. One Of the duties required of Con-
g7ess BY the constitution is to provide for
an enumeration of the inhabitants every
tenth year with ricw to the rcapportiou-
ment Of representation in Congress. This
enumeration is to be made in 1870, and it
becomes important anl necessary to SO pro-
vide in tho census returns, that there may
be an exhibit OF how many Of the male in
habitants Of each Stale, twenty-one years
Of age and citizens OF tho United States,
are denied or abridged in the right to vote
for cause other than for participation in re-
belhon or other crime. An inspection of
the State laws exhibits wonderful sTray Of
such causea. Rhode Island and New York
have properly qualification for certain Of
their c1tizens; it is said Connecticut ex-
cludes all from suffrage save those
having good moral character. In
some States previous residence
is required. Lunatics and paupers
| arc generally excluded Massachusetts, and
others exclude those who cannot read and
write. Under he Fourteenth Amendment,
as the Census Committes-of which Gen.
eral Garfield, of Ohio, ia member-const1ue
it, each OF These States would be unrepre-
sented in the proportion which these ex-
cluded classes bear to the whole number Of
| admit male citizens. ThiA was not intended
by the amendment and one Of the fore
most advocates, If not authors, Of it was
the same General Garfield who has nov dis
covered how terribly it complicatea mattars.
Each Of these States must change its SAT-.
frage law, or be denied, proportional ely to
those excluded, part Of her representation.
Does the amendment bear this contracted
construction? Does it mean any more
than cases Of personal exclusion? Does au
exclusion for inability u read, which is
impartial and extends to all classes, mud
which may be overcome by the citizen, work
such denial md abridgment Of the right te
vote a. falls within the meaning OF thr
smsndment? Does denial Of the right II
vote except upon years residence, AMI
which Is applicable to all citizens Of th'
United States, include denial Of the right o
suffrage in the pmview Of this amendment
We all know it Was intended to apply to a,
exclusion Of negroes, because Of their rue
or color; and does it, in fact, extend further
The denial or abtidgment Of the righ
to vote contemplated by the amendmen
was fixed, permanent, and personal es
clusioD, which the voter by no act Of hi
could change or overcome, such as hi
| color, his previous servitude, or his foroig
7 birth. These circumstances are beyond th
control OF the voter, md for which th
amendment provided he should not be di
r qualified. Is not that the full extent
, which fair construction Of the nmeus
ment may be carried? Was it not intende
l to relieve citizens from disquali6c
a tiona which it was impossible for the'
/ to overcome?
3; II the amendment, however, be construt
q M General Garfield asserts it must be, Il
= States wherein my serious loss Of reprcse
= tAtion may result can modify their laws
"a otherwise they 1unst bear the loss. E
|, cept in those States where the voter
u required to he able to read and write, Il
Il loss will hardly amount 10 anything Of il
= portance. Illinois, since 1st;J, has had |
II representation for one-third Of her popu1
1t ton, aud all the States OF the Horthwea
- into which new population il pouring, ha
,e been, in Ike manner, unrepresented- Wi
Or the exception, as We hare stated, Of tho
d, States where the reading and writing qua
10 fcation is required, there is NO difficulty
be avoiding any serious loss
"a, TIE IOWA BDND CAsEs,
is Tho Moscadne Journal, in reply to
at article in this paper upon the psoesediu
u Of n public meeting IN that city, at which
y, determination to defeat the endorsement
,r, Judgment by the United stltes Cou
cd WEE resolved upon, says:
- t!al tefef11nR TO the meeung in this CITY on
3u~ f6,h. and ct1ttc,snK lhs language Of AftoE
az General OCouuot on thRt occAsaoo- Wore
IRlBCEKF EIeDlseA correct H& coucfas stops wo
Try He SQUAD. Bu. Nhen u adrtsea our people 70
ira the bonds and thus give \ prompt Response 10
laNt rquiEememE,' We aIe coos1Mned 10
tli- Nnat laN Z Some nf o1r peope bare made
1v gent search and inquiry for Inv, either ate
tjoL1l, or divine. which requires the paJmert
eg, .s r. sasy REs zen
As n4hten them"
uc- The Constitution Of the United Sta
he article % provides;
W. EEc. !. The judicial power OF the United 81
ore khsl1 Be vested In one supreme CoulL and ID .
- inferior eoosa 2. Congress may from time TO
.u HRc. Z The judicial powrT shall extend To
$40 cases in law aud equity as,stnK under this CO,
the toflop, the laws Of the Uuited SIaes aad tres