Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1869-02-18
ON, DEL, THURSDAY, FEBRUARY. 49, 1869.

"qualification" is something that can be ac-
quired. A man is familiarly said "to quail
ify' for an office. Nothing can be equal
ification," which is not in its nature attaina-
BILE, as residence, property, education or
character, each of which is within the pos
sibe reach of well-direcred effort. Color
cannot be a qualification" If the pre-
scribed qualification" were color of the
hair or color of the eyes, all would see its
absurdity; but 1t is none the less absurd,
when it is the color of the skin. Here is an
unchaDgable condition, impressed by Prov
idence. Are VIC not reminded that the
leopard cannot change his spots or the Ethi-
opian his skin? These arc two examples Of
enduring conditions. Color is a quality de-
| rived from nature. But equality" is very
different from qualification" A quality,
| inherent in man and part of himself, can
| never be qualification" in the sense of
the National Constitution. On other occa-
sions have cited authorities and shown
how this syattempt to fost into the National
Constitution pernicious meaning is in de-
fiance of all approved definitions as it is
plainly repugnant to reason, justice, and
common sense.
The same Judgment must be pronounced
on the attempt to foist this outrage upon the
power to make regulations. as if this
word had not limited Specification, which
renders such pretcnson impossible. Reg
ulptions' arc nothing but rules applicable to
a given matter they concern the manner
In which a business shall be conducted, and,
when used with regard to elections, are ap-
plicable to what may be called incidents, in
contradistinction to the principle, which is
nothing less than the right to vote A pow
er to regulate is not power to destroy or to
disfranchise. In an evil hour, Human
Rights may be struck down; but 1t cannot
be merely by regulations" The preten-
sion, that under such an authority, this great
wrong may be done, is another illustration
of the extravaganza which the champions
do not shrink from avowing.
The whole structure of Caste and Oligarchy
| founded on two words may be dismissed. II
| is hard even to think of il without impa-
tience; to speak oft without denouncing ii
| as unworthy of human head or human heart
There are honorable Senators who shrink
from any direct argument on these two
words, and, wrapping themselves in pleon-
| astic phrase, content themselves with the
general assertion, that the power over suf-
| frage belongs to the States. But they can
not maintain this conclusion without found
ing on these two words insisting that
color may be a ''qualfication," and that,
| under the narrow power to make "regula-
tons race may be disfranchised. To this
wretched pretension arc they driven. And
now, if there be any such within the sound
of my voice, ask the question directly;
The4er Of ha Ssns ssSs or ssn an
stitutionP Under the pretcnec of making
"regulations" of elections can a race be dis
| franchised? With all the power derived
from both these words, can any State under
take to establish Caste and organize an
Oligarchy of the skin? To put these ques-
tions is to answer them.
Such is the case as presented by the cham
pions. But looking at the National Consti
tuition, we shall be astonished still more at
this prctension. On other occasions have
gone over the whole case of Human Rights
Us. State Rights, under the National Con
stitution. For the present content myself
with illusions to the points.
1t is under the National Constitution that
the champions set up their pretenson
therefore, to the National Constitution go.
And begin by appealing to the letter, which
from beginning to end does not contain one
word recognizing ''color." Its letter is
blameless and its spirit is not less so. Surely
power to disiranchise for color mnst find
some sanction in the Constitution. There
must be some word of clear intent under
which this terrible prerogative can be eXcr-
csed. This conclusion of reason is reinforced
by the positive text of our Magma Charta, the
Declaration of Independence. where it is
expressly announced that all men are equal
in rights, and that just Government stands
only on the consent of the governed. In the
face of the National Constitution interpre-
ted, first by itself, and, then by the Dcclara-
tion of Independence, how can this preten-
sion prevail?
But there are positive texts of the Nation
al Constitution, rcfulgent as the Capitol it.
self, which forbid it with sovereign irresisti-
Bile power.and invest Congress with all need
ful authority to maintain the prohibition.
There is in that keystone clause, by which
ii is expressly declared that ''thc United
States shall guarantee to every State ia this
Union republican form of government, "
and Congress is empowered to enforce this
guaranty. The definition of republican
government was solemnly announced by our
fathers, first, in the great battlc-cry which
preceded tue Revolution, ''layation without
representation is tyranny" and secondly, in
the great Declaration ut the birth of the Re-
public that all men are equal in rights and
that just government stands only on the con-
|, sent of the governed. A Republic is where
taxation and representation 60 hand in hand;
where all are equal in rights and no man is
excluded from participation in the govern
, ment. Such is the definition of republi-
can government, which it is the duty Of Con
J gress to maintain. Here is bountful source
J of power, which cannot he called in ques-
J tion. In the execution Of the guarantee Con-
, grcss may, nay,must require that there shall
be no Caste or Oligarchy of the skin.
/ know well the arguments OF the cham
pions. They insist that the dctinition of a
; republican government is to be found in the
J State constitutions at the adoption of the
National Constitution, and, as all these,
, except Massachusetts, recognized slavery,
+ they find that the denial of Human Rights
is republican. But the champions forget
, that slavery was regarded as a TEN, ,,orary ex-
J cepton; that the slave, who was not repre-
! sented,, was not taxed; that he was not a
part of the body-politic;" that the diff
ference at that time was moi between white
and black, but between slave and freeman
that all freemen without distinction of color
were citizens, and that according to the his
tory of the times, there was no State which
: venturcd to announce in its Constitution n
, discrimination founded on color, except
/ South Carolina, the persevering enemy oil
republican government for successive gen
erations, so that if we look at the State con-
sttuiions, we find that they also testify to
the true definition.
Here arc words of authority, which the
champions forget also. They forget that the
Federalist in commencing the Constitution,
l at the time of its adoption, insisted that, II
r the slaves became free, they would be en-
titled to representation. l have quoted
t the striking words before, and now l quote
| them again
at is only under the pretext that the laws
} have transferred the negroes into subjects OF
' property, that place is disputed them in the
t computation of numbers and il is admitted
c that if the laws were to restore the rights
Q which have been taken away the negroes
= could no longer be refused an equal share Of
: representation with the other inhabitants. y
: The F'eleraliSt, No. 81, by Hamilton.
i The champions also forget that in the de.
/, bates on the adoption of the National Con
r stitution it was charged by its opponents and
: admitted by its friends that Congress was
G empowered to correct any inequality of suf
G frage. l content myself with quoting the
-" weighty words Of Madison in the Virginis
g Convention
s Some States might regulate the elections
I on tae principle Of Equality, aud other.
: might regulate them otherwise"
a "Should the people of any State, by an,
It means, be deprived Of the right of suffrage
IS it a0es judged proper that 10 should b,
a | 7enle1ied BU fHp 6eOer0I Gnpe,.3l31,eDf