Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-05-19


In places where the United States have tho
power Of establishing the modihoatOns ot
electors and Of regulating elections md tte
elective franchise as In the District o. Ooluni-
bla and the Territories Of the United statee.
8. That II prohibits the United htatcs from
denying or abridging the right Of citizens o.
the United States 70 vote on account q If,s,
color or previous condition Of ecrvitude WIN
In their Jurisdictions respectively. ,..i
4. That In all other reepecH NY Ir,.t,.i
States have within themselves and inc United
state In sueh places where II has the 1nrisdlo-
tIon as I have before stated, In this District
ana in Tho Territories the full and perfect
power TO AZ the qualifications OF eleetors;
g. That Il does not deny OF m tho least
abridre or affect that full and perfect power
sIvnys toesessed .eujoyed and exercised by
the States to regulate their elections and to
nreacribo the mode md manner Of holding
them, subject, however, and subject only, 70
the Limitations In article one, section four OF
the Consultation OF the United StnteA which
grants 10 Congress the power 10 make or alter
any regulation made by a State prescribing
the time, place and manner Of holding cleo
| lions for Senators and Representatives In
Congress, except As 70 the place 81 choosing
| Senators. T.. II ..r..t,sl
In MI other respects Whatsoever ule lights
Of tho States torcgulate their elections remain
TO them complete and unimpaired.
In fact the intent and effect OF this amend
mont was 10 avoid tho exclusion from voting
by persons Of color or rnce. II means noth.
Ing more. True, ny e enough 70 entail AZ
timately 10 tho black race. There Is no doubt
that some Of tho designers and promoters OF
this amendment intended more than thls--ln-
| tended 10 absorb control over the elections In
| the States, as Is manifested 10 the bill now
before us but whatever was intended BY
| them, nothing, upon just construction Of
the amendment was effected beyond THIS.
| II a man be a citizen of the United States,
| and otherwise qualified 10 vote, whether be
be white or black, or Of whatever race, he "a
| an an elcctor by this amendment, and nothing
more. He Is not thereby placed above the
| regulations any State may make respecting
electlona. either In the manner OF holding
/ them or otherwise, but Is subject To them and
must comply with them. The only thing TO
be observed In their application 20 the voter
/ Is that white and black and OF whatever race
or color be treated alike,
Mr.. II. then claimed that according 10 the
/ words and the structure Of the amendment 10
/ confcrs upon Congress no powers OF aiiirIna-
tive legislation and especially such legislation
as that now proposed. II Is entirely negative
Il speaks to the States and not TO the peo-
i pie; 70 the Statos as corporate members of
| The Union, Possessing sovereign power over the
whole-subjeet matter involved In the amend
ment The State il 30 prescribe the qualinca-
tions, and In doing 81, Il is prohibited from
count Of race or color; every other power Is
retained for the qualification OF electors. The
Statoa, and the States only, can legislatc upon
this question. With them only rests the quail
incatlon Of electors. and the mode and man
ner Of holding elections, with the exception OF
the limitation prescribed In the frpt article Of
section four which ! beforc mentioned. j
assert proposition 81 constitutional law,
which think cannot be controycrted. That
the denial by the Constitution Of the United
States to the States Of the right 70 exercise
certain enumerated powers docs not thereby
grant TO Congress the right 10 exercise them,
We have always been taught TO consider the
Constitution ~ an instrument of enumerated
and delegated powers, and no such assuInp
ton OF power by Congress can he admitted Q
moment without Yielding mp the last funda
| mental principles Of our Government. Tho
alarming consequences Of such q construction
arc apparent, II would place all State con
etltutlOnS, soyerelgnty, and authority unde
the control Of the General Government ant
the States would stand In the same relation
to the United States that local municlpalitie
DO now 10 the States. triist that no such Ont
Il In store for Us; nor viii any snch grea
wrong be perpetrnted, -.4.u r "a
The proposed legislation now under consld
Grafton broadly asserts the doctrine thai thl
prohibition upon the States TO deny or abridg
the right 10 vote places In fact the whole sub
ject OF elections and the whole machinery o
suffrage under the control Of Congress. Car
this be SOP Can this he the fair and lust In
depreciation OF even this revolutionary, TIL
wicked amcndmcnt?y Even those who dare
admit everything TO receive this nmendmcn
shrink from couforring so supreme a powe
upon Congress In direct words. But In dom
! less they failed In all: Even now the progres
J siOnl5ts arc murinuring and muttcrlng this
the fifteenth amendment did not go IA
enough.
Mr.. II. further argued as to the dlncrcnc
! between denial or prohibition to State an
! . grapt Of power over the Anbject-mattcr
D C6neresA II Tie one followed the othef,
waild hand 0rer 70 Congress The lafbltramer
Of every right Of thc citizen and Of the Stat,
! The old Constitution was In force for soycnt,
: four years before the war and never befoI
g was such leglslatlon as tbs attemp 9 PGs;,
d upon the denial Of power to States never b
n sumption Of such power over aildocls denic
9 10 The States, unless by grant ,conferro
o But the legislation contemplated by this bl
+ is not worse than tho spirit In which 1t Is COZ
/ cciyed. The great object Is 20 absorb VIII
little remains Of the former rights and powe
i OF the States, 10 consolidate, TO ccntrallEc, III
d IN, one by QUO, the reserved rights, that on'
= gave power and dignity TO State, are stricht
IN The object Is TO force upon State apd q
q psople'o 81 Atste the WI q Conngress;
le substituted as the supreme law OF the lam
Ut Coercion Is the grand Discovery and the on
q \ nIpotent remedy OF the day. Nothing Is to
ir left TO the assent Of the governed, and u
81 voluntary observance of the duty Of eitizo
4 Even In tho effort that should DO made to r
Ii store Inc states lately IL rebellion to the
ii practical relations 10 the Union the same m
Dr. lin spirit prevailed and We had the striklI
p spectacle Of Congress presenting the altern
Y tive to the unhappy people q these States
ID either adopting this amendment so Tepu
ID nant to them, or u remaining still without
70 Protection Il an ominops word, used cite
ge and, when for purposes of legislation, bodli
Us no good. Coercion and protection arc q
n twin relics OF barbarian.
TO Mr.. IL gave way before eoncludlng.
was congratulated upon his maiden speech
"a INC Senate by hia ASSOCIATES OF both parties.
ny The Senate then took recess until 7i30
ad m n beions understood that the evening y
nd alon was 10 DO devoted exclusively 10 spec
ID from NJ, Gragin on ths plp tqsuppres' poly
OF amy In Utah. N ~ VIZ ? - 90
. EVENING SESSION.
ny The Senate reAssembled at 1880 p. m.
u. Mr., Cragin took the floor, and commenc
rs by saying That the mission Of the Repuhlie
III party IL not yet completed, and quoted frt
y Ia platform In 1856, that Il 10 both he rig
We and the duty Of Congress 10 prohibit In
en- Territories those twin relies o. barbarian
In polygamy and slavery. Since then slave
ed lIas been abdllshed, MT only 10 The Terri
Is ries but In the States. Polygamy, the "
Cd. relic, still remains, and openly defes the G'
re- eminent and its power In 1852, Congr
ith passed q law prohibiting polygamy In
1te Territories, and making 1t crime, but
tu- law IA a dead letter, because the courts
ate Utah have no power TO enforce t. The
md now under consideration Is supplementary
te that law, and afioTds the means for ~ exc
hat ton; and II both can be euforced, pOlyga
bic and other crimes In Utah must perish.
ote Polygmy was no part Of the Mormon
ich tenn 81 religion rs Originally established,
II waA not until August 1859, when hay
ne grown strong In numbers and bold In cril
5is- Brigham Young announced and recommen
at this heathenilh and Infamous practice. Y
the Is now perfect pandemonlum OF debaneh
the and crime. Ignorant and deluded women
re- enticcd TO Utah, and by connecting tte pl
lny lice with religious duty, arc induced 70
no brace t. Their fears and passions are excl
yer and all the Influences Of Church authO
Rp- used Despite all their efforts, Il appears
6as the women arc FESTIVE under this degrat
wer ; Mr, 4. otioted IN this connection from