New-York tribune., 1872-08-14
ARKANSAS.
,,npp nr COY. HADLEY.

TO VOTE. -, :,
A question has arisen az to the Interpretation Oh
ono of the dsfranchising clauses IN the State Con
stitution of Arkansas Gov. Hadley IL determined
TO oonstruc 1t 90 az to prevent tho class referred 10
from voting. Tho Hons, Reverdy johnson and Al
bert Pike maintain, on what seems to us to be I'M
Dreonable grounds, that the clause cannot be con-
strued as Gov. Hadley nterprets. The following IS
the matter of tho disputed clause:
ARTICLE vIII.-Secton 8. Tho following classes shall
moi he pcriDitted 10 register or hold Office, VIZ;
1hen follows the classes In Order the only ono material
being) Glass Fourth Those who may 1e disqualified py
inc proposed amendment TO the Constitution OF the
United States known as Article NV, ana lhose WHO
have been disqualified from registering 10 N0le lOr uee
gates 10 the convention 10 frame Constitution for tho
State OF Arkansas under the act OF Congress IN
act TO provide for the efficient government OF lhe
rebel States" passed March 1871 and the acts supple
The foregoing is extracted by me and is true copy
letter and spirit this Aug. 10, 1872. X W. JohShoh
GOV. HADLBY's OPINION
letter Of inquiry having been sent to Gov. Hadley
the following was received in reply, and was pubsheu
in The augusta (Ark) Bulletin:
STATE oP Arkansas EXECUTIVE DRPARTMBSTl
LITTLE ROCK, Ark July g. lsA d
Col j. T. TRRzEvANT-Deor sir: Yours OF jun ,@ 20 @
1872 Is at hand in which you propOund 'ho ioio"e
+ As the Fourteenth Amendment TO the Federal Con
stitution disfranchses ~ m dapnroya of the
state Legislature, do you or not 's nance nee Of the
geSs Amoes ae Rss efanchses ali whom that
amendment disfranchlsedf .,s,.ors i,s,ruc.
s. If no. do You consider the consent OF state Legs
ature necessary to the vahuiiy oI rdni ~. Constitution
III you deem this consent necessary anu m .
should refuse to give IT, would not thiS po
Allow me TO say that in my opinion your first inter-
roCotorv s based upon false premises. You ASSUME
az tbof the Fonrtcenth Amendment TO the Constr
tuition of the United states disfranehlses certain
Of the state OF Arkansas rus % ~ never disfran
chsed a single individual or citizen OF tnls OF IN, o
10 aronse tbe preiudees OF the people Of the south
against the Federal Government ana lhe parry ~ %
that the Fourteenth Amendment to the Constitution OF
,he Intted states was an instrument OF dsfranchlse
ment and one OF the appliances ny whicn lne holuud ld
iican party retained its hold upon the Government anu
itS but am not aware that any states
man or iurs has asserted that tho right TO register
Tbe third SECTION OF Article XIV. reads follows:
mo person shall be Senator or Elector OF President
and Vice President or hold any oice, eiVil or military
nder the United States or any state who, having pre-
yously taken oath as member oI C9hgess vi Ss m
oicer of the United States as member OF any stae
legislature or as executive OF Judicial officer OF any
slate 10 support the Constitution Of inc UmIeu ndtes
shall have engaged in insurreoton or reDeln9n aeanos
the or Given aid or comfort TO the enemies thereof
But Congress may, by VOC ol t"otnnu' VI o"'"
2usV& y & nserve by mere casual reading OF this
ton that it, IN fact, does not disranchse any eizen Oh
bis STATE IL is merely restriction ON the rlgt OF GER
tain persons to hold Office aud IN no manner hteIIefes
or attempts TO interfere With tue right TO vote, A.,
Section 3 of Article VIII oil the Constitution Oh 'ne
State of Arkansas reads: ,.., 4.
register or vote or Ibod Office viz: Fourth Division.
Those who may be disqualified by the proposed amend
ment to Constitution Of the United states known US
TneTe can be no misunderstanding as to the meaning
Of this clause Of the organic law OF our own state;
ho nermitted 10 register, vote hold oce Is tho
class OF persons VINO were dsquillIed RON nOlulnB
Office by The Fourteenth Amendment to the CONSTITUTION
of the United states
Now that called your attention TO the provisions
of Constitution, think you Will asroe win me IN
two things:
j. That the Fourteenth Amendment did not dsfran
q That the so-cailcd Amnesty act" simply relieves
persons who placed under bar by the Fourteenth
Amendment from the disability which at time pro-
bibted them from holding Oice. In view OF these facts
l shall not instruct tho registrars hat the Amnesty
act" enranchses any one who Is dlsiranchsed ny the
Constitution Of this State. . ~
Congress may relieve persons frOm the disabilities i'm
posed by the third seoOn OF the Fourteenth Amend
ment. When it has doue that It's powers are ex-
haustod The poorest tyro In tho law knows that fed
eral government is one OF delegated powers, and
that the power TO remove political restrictions
upon holding Office does not carry wlh the power 10
say who shall be entitled the elective franchise IN the
different States in the UnIon Until the adoption OF the
Fifteenth Amendment, each state OF the Union had ab-
Sdonon of The Fifteenth Amendment Congress was
clothed with the power to enforce and protect the
to vote Of persons who had previously been denied that
privilege account Of race color VI previous cOnd-
MS % power ike all others delegated TO the General
Government must DC construed strictly, and ref
whatever, unGerst0nd IT, nor does II confer
sons to vote denied the right account OF
race, color, previous condition OF seryude. The con
suOns Of of the States OF the Union confined tho
elective franchise TO white male citizens Of the ago OF
2 years This distinction was founded ON aud confined
stricken down by Inc Fifteenth but IN every
other respect in my opinion, the states are as free TO
regulate the franchise question as they have been at any
time since the organization of the Government III you
will examine the franchise clause OF the Constitution Of
this State will find that the disabilities there imposed
are equally as applicable the white the black
In other words tine discrimination made IN relation to
the elective franchise and its exercise by the citizens OF
he ia
I may be true in point of fact that the effect of the
provisions Of franchise clause dsfrnchse none
but whto citizens, but If II Is true IL Is only because
white men had performed the acts which the trainers OF
the Constitution ana the people who adopted OF
the opinion should disquay them from the use VI the
AS TO whether the trainers OF the Constitution OF the
people who adopted it, acted wisely or not shall not
qures. For my self have taken oath support and
defend Constitution that dsfranchses many citizens
Object Of had been accompshod am
at liberty TO disregard my ocal oath aud refuse To
enforce It's plain ana unmlstakable provisions be-
OF any such opinions. Were to do 80. the
tive will would take tho place OF written constitutions
and laws and free government founded on the consent
Of the governed would be at end. II the provisions
OF our Constitution harsh and unjust toward por
ton of the citizens of this State ample means are pro-
vded for its amendment and the remedy is by APP
peal TO the good sense of the people, not by disregard
The view have taken of your first question, and the
response herein mado to the second leaves your third
and fourth as questions upon abstract issues, upon
which neither yourself or tho public could feel much
interest and for that reason make no response 10 the
but il at any time state OF facts such as are conte
plated by your third aud fourth inquiries should arise
matter would DO Of any general interest either
yourself the public, Will take pleasure in answer
ing them.
am, Sir. very respectfully your obedient servant
o. A. uADLRY.
ALBERT PIKE's OPINION.
Gen. WILLIAM l.. CABELL-My Dear SIR: This reply to
the letter OF the slh inst addressed 10 by you
Chairman of tho Arkansas delegation to the National
Democratic Convention at Baltimore, has been delayed
until could obtain copy oi what Is called the Const
styled It's ndentures VI servude and tho articles Of
sale Of IL ~ knayes. ...
/ confess, also that hesitatod TO reply on other
grounds. am not citizen of Arkansas and IL lived
there should not be permitted TO vote have right
IN In be NJ Aria m