The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-03

declaration OF qualifications and the sole quadca-
uonb winch, under the constitution OF the State or
| New YORK. Ii liz competent 10 prescribe And this
same constitution, not deemIng this unqualified de-
| clarat0n OF the qualification or voters inirnged In
any degree have In section four OF the article.
provided That laws shall be made for the ascertain
snail Se snad c Inc nsn q susss
hereby established. Our reflections lead u.s. there
Tore to the conclusion and, without hesitation that
1 the prescription OF mode OF ascertanng ana
/ uiying the qualification OF him who SHAH present
himself TO exercise the electors privilege Is no In
frlngement or the clause that declares what shall
constitute requisite qualification, and Is no attempt
20 prescribe TO the Statesto this state or TO any
other State-any condition OF the exercise of the
right OF suffrage, and no attempt 70 prescribe The
qualifications OF an eector. II We are right in this,
then the second section OF the first article OF tho
constitution Is no impeachment 70 the legislation OF
Congress upon this subject.
1 TILE CONSTITUTION PRE5oRIBgs THE TIMES, PLACES
AND MANNER or VOTING.
| The next clause OF the constitution TO which we
refer-section four, subdivision one-declares that
| the times, places and manner OF holding elections
for Senators Representatives shall be prescribed
In each state by The Legislature thereof, but the
Congress may at any time, by law, make or alter
such regulations except as 10 the place OF choosing
Senators.
Upon this Affirmative provision OF the constitution
anu ia support OF the legislation which Is now as.
sailed, IL is INSISTED chat clause OF the constitu.
ton warrants the passage OF the act In question
the one hand, while on the other IL Is denied that
this section includes the Authority CLAIMED and sec
ond. that The authority attempted 10 be exercised Is
The trainers OF the constitution OF the United
states placed ITS government, all It's strength and
vigor and al l.s permanent capacity for usefulness
10 the people, for whom II was made, tine votes OF
the people themselves. The debates In the conyen.
ton In which che constitution was framed The dis
ton when the constitution was presented
70 the states ior their acceptance, both Of
which were freely cited 70 rs In the argument show
IN the fullest anner that those ramers or t1e con.
EitHsisn d,d NOT toE one moment lose sight 9! The
esS e a e psops H s
4 was instussa- that POPULAR vote should DO
q ne q Hene inc 'a 9ay s ss
section four OF the frat article Of the
GO ,ss was ably esr exhibited
fendant-tne trainers OF the constitution, either
through an apprehension s mat in some posssols
ent 10 the general good and SO neglect Their duty
Or warned, perhaps ~ experiences, Yfad under tie
M No. On Ht saoG
sQpe disiApS period circumstances might arise in
SOME state 10 which obstacles would be mterposed
ana 80 conscious thai the very u Of "a:
government tseu for I'LL Its useful ends, demanded
M aay By os sarh ssson vG,s
power upon Congress for that selfprcseryation.
Time might somewhere be 50 arranged, and Tor
ton, tnat she popular voice might De denied fun
expression. PLACE might be 80 fixed as In that
purpose. The manner OF holding an election might
be such As alike TO operate TO prevent an open tar
expression Of the popular voice Or, to use an ius-
tratlen freely used in the discussions mad when those
men who went into the various States and elsewhere
vote In explanation Of the provisions Of the consti
tuition, thai people might understand IT, elections
indiiierence OF als States Or Otherwise. ,nas
wll the foundations Of the government
rested. Hence we say the scheme pointed out Dy
this section iour, and hence. we say the explana-
slons which were given ~ the great ana good men
It seems 20 me tina, we ought TO pause but a me-
ment upon the suggestion that IN the enforcement
Of law such IS we have now before US for consid-
Of the House Uf Representatives by the giving OF all
legal votes aad by the giving Of none thai are
fraudulent The government o. She Un!tcd States mas
wHAy Is fHE GOVERNMENT or YER UNITED
STATES
'srhe government OF che United Ststes''-what is
thati &c may BIO conceded 20 he an arruicial thing
winch men call government ana which Is some-
limes looked ap0n AZ the source well The ex-
than II Is Of thought feeling. Bnt tue government
OF the unl:eo States, In the nle SENSE the people
Of the United Sta,es-ons and ali, throughout the
length and breauth OF the land. And the people OF
the United States here AMI everywhere, have not
oniy interest nut interest that isivita In the
prese alton OF then institutions and III che preaerva-
ton OK oil that Is pure usl and honest In the popu
yss Sn ss ssr as aaa security their
| Now IL is conceded, II have rightly appfehended
tue Arguments that have been addressed us, to be
| within the cons itutlonai grant OF power 20 Con
gress 90 proceed under tins power to regulate the
nne, place and msnncr OF holding elections, and to
In every state shall have full and fair opooytu.
nifty 20 declare their wit. Aud the illustration
chiefly used IN the discuss,ua. 10 wncn have re.
lerred, was N Illustration drawn from rhe snpposi-
zion that possibly The intervention OF Congress 20
secure that emo mlghs become necessary.
TIE RIGHTS or VOTERS AND cHEIR PROTECTION
IT is equally inportaDs shat no one wno il On
elecor shall be permlttcn 70 defeat the WIN OF those
who by Inlet oostnI hts vote a. snch election. lt
Is also equay important That no one snal oe per-
,a,tted to deposit more votes than ne II emitted 10;
and both these possible evils precisely upon the
principle on which 1t was declared this clause
might be useful ana tine exercise OF fhe power might
become necessary In order that an legal voters
should have full and fair opportunity DEPOSIT their
votes. Tho Court are not able TO tue difference
iii principle between reguaton 70 enable all to
vote who are emitted TO vote aud regulation ts
prevent men voting VITO are not entitled.
or prevent men voting more tunes IN
to 10 the one ana toe power 10 preh0it
the involves the power to prohibit the OTHER.
The power 90 makes regulation that SHAH secure
every NAN e0t'sied W vote sale ana convenient
erclse of ms privilege involves the power see 80
II that no one ~no u noi entitled 80 vote shall
permitted 10 exercise haL right And All t0is leaves,
az have already stated, the SUBJECT or qualification
OF electors untouched, leaves The laws Of the States
leaves She laws me state Of New York to operate
their iuil Iorce, And though I've true tnat the
laws Of the State or New Y0rh cannot be relied on
us the source authority or az giving any v,gor
10 the enac ment, II is be necessary TO refer me
power o Congress to pass thiS enactment 10
grant 60 DC found IN the Constitution wholly
independent OF stare authority, then the EOurs muse
say That II his nc in The secltO before u.s. And N ie
be true iha, The existence of that power Congress
b eACiIStNt ~ tildt NI"H G&SFEss0 III lakes the
place Or eAissing state Law aal tine ynpOSitlon or
state penalties. be II a0llis new prin-
cipie. The Court and the people Of this count ry nave
long been llnlikar With the dCciiae. which Ii now
conceded. and, indeed insisted On here, that the
legislation OIL Congress on the subjects entrusted 10
IL ny the coDsGltiton Il exclusive; and this prugs
within view another consideration connected with
ts subjeci--'nat FOR eighty years las is nigeo) Con-
grsss mas seen NJ 10 exercise tBe power which il
conferred by the fourth section NnW on thar snb.
ject Two observations are pertinent
Two observations, say. are pertinent, and the
tfle
shown b. the history OF tais government TO furnish
no argument against Its existence. Tue debates TO
which nave rcierred. cue discussions 20 which
have referred. all breathe Of the confidence The
trainers 81 the constitution had, not only In the
patriotism, out the Intelligence Rnd wlsdom and
congress OF the Unaed States when was
convened and has con'saUed To DO convened
from tha. tine 1nNarn ttat same conf
dence Lu2l Tue ncnAle uf Cpite staia