The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-12-08

manded by the exieencles of the moment, ant
| with view 10 attain such power, they adopt
J ed at an early period the Articles Of Contedera
ltion. Upon their face, the government, Il
government it could be called, which was con
sdtuted by force OF those articles, was put
league between the States respectively, which
either of them could abandon atpleasure
compelled, only, If the rest Of the States
should think proper to resort to that course
to be forced back BY war, compelled by wal
to observe the league.
| 1t has since become evident, as your honors
know, thata government of that description
was wholly inadequate to accomplish the epd
for which our fathers fought, and In which
they triumphed. They. desired TO make ma
ton, and with that view, and In order to guart
against the consequences which were appar-
ent, Of remaining In the confederation, they
made and devised the Constitution Of the
and patriotic as any that Heaven has ever
i given, saw that there were danger to be ap-
pretended from any government which they
might devise. The dangers were two-fold
the dangers arising from the supposed centrl.
fngal force necessarily incident TO 8 govern
ment composed Of States, and the dangers In
cldsnt to centripetal force incident to gov
ernment In which all the power should be de-
vOlved upon the general government. They
designed to guard more especially against
the last than the first; they apprehend more
danger from the last than from the first. They
had seen, and seen by their experience as col
onies, that the most dangerous government
in the world is a centralized and consolidated
| government.
That convention was composed OF the best
men from the several colonies, which then
had become independent States. Each was
anxious to preserve the peace within the
State, so far as it could be done consistent
with tie national security, and, therefore,
each desired aud thought he accomplished
the end to give to the Government Of the
United States no powers which were not nee.
come nation. All the domestic powers
which belonged to the States before were In
tended to be Left to the States forever, until
changed by constitutional amendment. No
powers were delegated except such as were
necessary to enable us to deal with foreign ma.
lions, and to accomplish ends as between the
States themselves that could not be accom-
pltshed by means OF individual 8 ate
power. The States under the articles
of confederation had, by thtir various con-
flicling regulations, 80 hampered, commerce
that conflicts were constantly occurring.
They had passed laws for the payment of
debis by illegal currency, q currency called by
them legal, which had no value In point OF
fact. They had dlfregarded contracts by pass.
powers 1t was tended to diyest them Of. and
these they are dlvested of. The restriction Of
commerce is entrusted exclusively to the
United Statesin lis. legislative department.; Q
restriction upon the States expressed that
they should make nothing but coin tender
ln payment OF fdebts, and ehouid pass no law
inpairing the obligation Of contracts, and,
with view to make these provisions opera
tive at all himes, and to secure the benefits
which they were intended 10 attain, they con-
stituted-apd It was the crowning piece Of
their work-a judiciary Of the United States,
and clothed It with all the powers necessary
to give effect to every one Of the powers OF
Congress, and to cause the States to observe
all the restrictions to which the States were
subject by the constitution. sl
But there IL one thing, may 1t please yonr
honors, that they did not do; there Is one
thing, my friends will permit ueto Say, that
II any man In that convention had proposed
he would hardly have been listened to with
respect, and that was to place the franchise
under the control Of the Government Of the
United Ststes, TO place the right to vote to be
regulated by the Government Of the United
States. What they have done shows that they
intended no such thing as that.
The first article of the constitution, which
creates the Legislative department of the gov
ernment and provides for the manner In
which members OF the House OF Representa-
In 30 many words, that In the election OF
members OF the House and In the election Of
President Of the United States. or for electors
for the President OF the United Stales. tne
qualifications ofthe voter are not 70 De sucn
as Congress from time TO time may provide.
but are to be at once and forever, IN Ine ao-
sence of constitutional amendments In the
future, such as is prescribed tor the election
OF members Of the most numerous branch OF
the State Legislature; aye, OF each State Leg
islature, may It please yonr honors. They
can change under that provision the regula-
ton OF the franchise from time to time,
ss In their wisdom they may think proper,
and that, as We know. mas Deen zone irom m
the beginning Of the. government even TO
the present day, or at least until these laws
were passed. In some States q property
qualification was demanded; In some States
the age was different from the age prescribed
In others; In some States only citizen, natu-
ralized or native, could vote; In some States
he who came TO the United States intending
10 remain here was madea qualified voter.
Nobody ever dreamed that It was IN the
power OF the United States 10 change or aool.
fsh any Of these regulations. And why not!
Because suffrage was deemed vttalto the ex-
istence OF the States; because uniformity
of suffrage in the election OF the House, and In
the election,of State officials, was supposed to
be absolutely necessary In order to accomplish
the ends that they had In view.
Counsel then proceeded to review In detail
the provisions of the constitution and The
amendments thereto, with View TO show that
nowhere was the authority conferred upon
Congress to pass laws regulating the right OF
suffrage in States for tho election OF State
oficlsIs. He then continued: know, may
IL please your honors, that the court Will do
me the Justice to believe-I am too old In the
profession to attempt to Impress upon the
conrt any opinion In relation to constitutional
Questions which do not sincerely entertain
but think the court will trust me well enough
to believe that-I am sure the presiding judge
does-the defence OF prisoner or of parties
who have placed their defence In the hands OF
nv irleno and myself, are as nothing com.
pared to the preservation of the constitution
upon which our liberties rest The individual
may be tncarcerated; he may expiate eis 81,
legged crimes with his life; he passes OF, and
the public are not injured. But II he ts pun
ished; II the Government Of the United States
seek 10 puntah him by means OF laws they
have no constitutional power TO pass, then
the constitution itself Is wounded, through
the sides of the prisoner, aHd the cause OF
freedom itself Is in danger. Man is but
creature of the noment-an atom which time
blows away; but the cause Of constitutional
freedom should never be put in peril, for upon
its existence, upon Its enlargement, rests the
hopes, rests the interests, rests the freedom OF
the people Of the United States.
Your honors, therefore, when you are called
to pass Judgment upon these men are also
called to PASS judgment upon the Constitu-
.ia,, 80, ,ho TTo{sad Sfafoo Shall IL hQ nhsprV.