, 1870-01-24

WIN taea cauaen, ano each citizen With the wnoIe
people, mat al ahall be governed BY certain Law,
for the CONN On good"
Tic Constitution Of Nav YORK nrov,d..
tnat "Eo member OF thh at.ta 49,
be dtsfranchlsed. or deprived Of auy OF ,ha
or privileges secured to any clttxen thena,f ~,
lesa by the law OF the land, or the tudoman, -,
his peera." The "lRw Of The land . "a ma ~. y.
md IN other similar places, has be.n na,, -
mean, rot simply An act Of the Lex1sls,cre. sn,s
under such construction, It would ba no ftnnt,s
ton on the 'ext1lattye power, but regular tnd,,
Ptoeeedlngs, according TO established lava. An.
| pllcable 10 nu cit:zeus. '' Sp'
Whht II The rneautpr OF theae dec, .,.,-
rights thus incorporated INTO our rondamsa.., =,
law7 are theJ mere "glltser1ng genera,,t,s. ~
IL 1t meant only that whoever ndcnint.ts."
government shall do 10 for the protect;nn ~. .ae .
hene1t Of all the people And Il thnt :. soa ~,
wherein Is cur form Of government snnara.
oshera7 Do not they al pro'ess to do tbs ..r, -
II. on inc contrary, It Ia meant that he hcd- :,
the people nnsl participate pEsanauy to ths ~ ~
efnmen1, toen Inc "ofas have deep signiacsnc.
which render tnem dear to evury citizen.
The pessona, right OF the cittz On to n,,+ ,c,,...
IN governmental arAsrs hu beea recovn,.s1 rs.
all OF cur political writer's and statesmnn. ~
"a Republic" said Je1e.son. s.ms.s
e1nnehI o3 liz cluzeRa en- nasse, Acting dif.c,.
pe1Aonatty, according to The rulea estoh,,s aua
tho majority, and e7eIy other rorernn1 snt y =,
mcra CT less republican, In Proportion ae,t ~.
IN ia compoaluon nore Or ltls Of this In x-edsnr
Of the dreet action of the eiti.en.n-Ltsr +, J,1,
7ditor, N Caroline, Nay rs, 1915. '''
Madlkon said, IN the convention Which framed
ING eonSatutlon, "The right Of sunfaxo La cey.
ta1nly ono Of the fundamental articles or r.nnn,.
can government" [See Eluotts pebates1
Before these words were spoken. I,cta h.a q,
se1sedt In England, that government ma |.
right 10 taI person only with bis own eonaent
which he explained TO mean "the consent of hi
majority, giving It either by themkelreg, or their
representatives chosen By them,"
Mpch has been said about tie peraonsl rxhta nr
life, liberty, and property, aud they bhye been 40
often treAted OF. BY themselves, End dscoun ectad
from The civil and political Hghts and privileges
or the "pitvlleges and In
munines" Of the cit,zeu, tnat Va
have come 10 think the former may BE- enIoyed
without the latter. No fallhcy Is mora deeen1iyc.
Ihe true Siew OF this matttr u thus stated by
Chancellor Kent: Tho ahsaiuta rights Of mai
v1dnnlA may be resolved into the fight OF persoua1
security, tho right Of personal liberty. ana the
right to acquire and enjoy property. These rights
hase been tsatly oonsdered, and frequently DO.
cIareo, BY the people Of this county, 10 be NAT.
ulal, Inherent, and 1nallenaole. The euectQal "a.
curly and enjoyment Of them depend upon the
1rosted and 90oe7rsd ty tars naat or as+en.<d to,
~ tbs representatives. af The peopt,"
-Now, uhen can man be- said to be-
3 "1epresentatlye Of the people !" Obviously,
when he haA been choscu BY them for that pur.
pose. And II a perkon who Ia under 10 disability
recognized BY the laws Of nature, Ia forbidden To
expreaa such choice, then the person chosen Is no
representative Of these thus dlrfranchised Auy
Gtltr theory ohltgeI M to fail back upon the prn.
Gple Of "yRtuA representation, "-aoneth,nz
which our foIetathers den!ed having any SOLD
found stion, Aod which they Asserted was the r]ea
OF tJraps." But are not Infants virtually rep.
reset1ed7 No; they do mot need Representation,
They Claim no voice In the governu,enr; are end.
tied to zone. They need only protection. When
iheI a111ye at proper aZe. aud arc entitled to
representation at all, they c!aim something ac,u.l
and tangible. t.TlrtuAl representation would
then be ecouted a. q hunbug. No person can
exetctie the right Of suffrage for another. Such
Al act Is Contrary 10 the entre theory OF our GOV.
e1Dment. Any peraon entitled 10 voice Ia ,ae
government must exesclse his choice, Il At All Ia
pe1soD. And any person who ourht to have
voice IN ths direction Of public affair." aud IL do.
nted the ballot u illegally dlHfranchlsed, however
We may deceive ourselves By sfeciouG excuke,
nrd faliac'ous reasoning.
WHAT are those "prtv1.e;es and immuuItIes Of
c.t'zeus," secured BY the constitution, but the
ctsil and politlca! rgnte, By which the rights Of
life, Liberty and property arc secured, and by
neaus Of which they caa alone be defended,
II We 60 back 10 Aagra Charts, from which
most Of the provisions In onr bills OF rights were
Obtained, we lnd that many OF tha privileges and
imnuL ties Fccured BY that instrument were OF q
Pol1ucal character. They were there
called " liberties and free customs, ~" Ljber,atfs
It I.bese eonsussudtnea." In the preamble 10 this
celebrated document, the Elng declares that OF
Ets "i1eer aId free will be has given and grant
Cd "1hese liberties following" Then follows an
Of the liberties thus conceded Many
Of them relate to the feudal CUSTOMS Of the
1tEea, The liberties md ancient customs Of the
city Of London were recogntzct: the system Of
administering Justice Was reformed; many Of the
orpIe.atous CONNECTED With their land tenures
were removed; and In the tweuty-nlnth chaptet
sle the memorable words:
"No freeman shall be takep, or Imprisoned.
cnston1 o. be outiswed or e1i1ed. or INV othsr.
wiae detpotled, Dor viii VIC pass upon ntm, or
coneeun him, but by lawfal judgment q his
peera, or the law Of the Land"
The ldea Of securing 10 the clLizen the political
rtghta snd pryneges pertaining to the locality IN
shicn he may choose to reside Is not new or
original 10 this country. Such has beeo the e.
tablthhed law wherever my coagldeeah!e degrs !
Of civil liberty hss prevailed.
Among our Eug llAh suceetors 1t constituted an
process, By which "vtEe1ns ~ |
cou]d acquire the rights Of freemtu. Wherever q
person permanently rc11ded, and where ha H.
sumed the local burdens Of the pines, he became |
euited TO an IT. local privileges. Ia "v1llein
resided year and day without the jurisdiction
of his Losc, and in borough he becamc entitled,
md Indeed bound, to DO nis duty at the |
court leet," and to be Rwotn. en-.
rolled, and recorded AZ . freeman. After such |
residence for tcyen year, unless the LORI In the
tued out mis- wrlt OF de .atiro rtp1e9idu-
10, he was forever Teleased4-StkpAsns' Introdue.
Ion to At 7stati< n De Lohne, pa,e1k
II u pa1n, then, that the privileges and 1nxnu. |
mites referred 10, which aIe, BY tho constitution,
ecured 10 each citizen IN the Stats where he re.
s.aef, teinH analogous 10 the liberties and free
customs Of our foscfatnerf, arc OF political as
y eli as personal Character, They Include ali tho |
civil nno political rghtA which are essential 10 the
protection and Preservation OF tbs rightl OF pe7-
on and property. And OF these, what Is 10 In. |
porsa1t as The right Of suffrage:
Ii thu cons.ruciion Ems not heretofore been |
atoptGd, It Is because sllsery his been recognized
u pstt OF tie law Of the county, while the con-
7tIncllon coDteuded los, With Tue dedu!tIon Of ]
ne tenn citizen, would itse1f have freed every
slare IN the Land The dld1cultJ OF nd dopt!u1 apy
other construction Is SO obvious that Caleb CQsn.
rg, when Attorney General inumated doubt
Nncther the wo1da have any meaning At ali!
Now that siavery II abolished, 1e. these Hords
II the constttntton retve construction which |
s Iut only fntr Interpretation OF the language
TT which Is tuperanvely required BY tho char.
lcter Of the document In which they are uzed, and
y tie spitt Of our Tres Institutions
CHICAGO, jar. II, 1870. C.B.W,