The sun., 1873-08-29
mi, registration. mr have explained and Is IL

EOuTtetntD hIneNunent W tue CohSt
tuition, though they were made legal voters
| under the State Constitution. Hero, then, was
| plain violation OF the Constitution by the men
who made II, In the very act OF introducing ~
| To the world.
The carpet .bageers may plead a. their author
ity for this outrage the following clause In the
last OF the series Of Reconstruction acts. 1t 10
| declared:
That the Constitutional Convention of any Of the
States mentlonedn the acts to which this Ia auendatory
Ssoa Se Also 90 as III od.
Sdea ior aSa Sy he sane snd the
elect the officers who shall make the return OF the
tuition shall cnumcrso and certify the for
mcmD,rs of Congress.
1t will be seen that this
CONGRESSIONAL INrERFEREScE
| In regard to- the time and places of holding
state election IL not mandatory, but pcrms-
stye. IL does not declare that the convention
Of voting upon the ratification OF the Consttu-
| tion the registered voters may vote also for
the United states and for all elective, officers
/ provided for by the same Constitution" II the
State Constitution had given the right of suffrage
| only to those citizens who were registered un-
| der the acts OF Congress to vote ON the adoption
! OF the Constitution the permission granted to
! hold the state election on the dav the Consttu-
| ton WAS ratified might have been acted on
! without offence. But lnasmuch as the class
which was excluded from the polls at the adop-
ton of the Constitution was entitled to vote not
only for all state officers but for member Of
Congress; the permission granted 70 have the
/
! day became inconsistent with tho rights OF
a large and the most intelligent part Of the
tended to deprive this class Of It's right to vote
at this FIRST election for state officers, the case
to deprive citizens Of their rights or To say what
portion Of the f,ttens OF state may H Or ,,n, nay
tho Constitution made by II had been ratified.
UsuRPING AUTHORITY.
That the convention, by an ordinance adopted
before the Constitution was ratified, hid no
power u deprive citizens of their rights guaran-
teod by that Constitution IL manifest. For II the
ordinance could deprive one class IL could de-
. pliNc the other. lfit could say that thousands
/ of the enfranchised whites should not vote at
the first election, II could say that thousands OF
| Furthermore; II the convention could, by an or
dtnance, exclude any class OF enfranchised cti-
/ zenN from the right To vote at the hrst election
/ To he held under the new Constitution II could
exclude them at the second, and indefinitely.
But above and before all this, the convention,
/ called by an act of Congress, with limited pow
ers, had no right to 20 bcvond them. IL was re-
quircd In the enabling act to submit its work
! to the popular vote for ratification; and IL was
| powcrle-s to confer or restrict the rights of any
class without the sanction Of the popular vote.
That Congress has no right to regulate a state
/ election. and to exclude any class OF the quali-
. He'd voters from the polls will not be pretended
| hy any man with tincture OF constitutional
/ learning: and see not how any Intelligent citl-
zen could fall into that error. Congress may ad-
NIT new states, or, u YOU please, readmit seced-
ed states; but in either case the states when
admitted are placed on u footing of equality
with all the other States. And among the most
-
/ the state. is the right To order and direct the
manner of holding elections, subject to their
/ the adoption OF the Amendment To the National
l Constitution, which declares that citizen
shall be deprived Of the right of suffrage 10y
i reason of race, color or previous condition Of
b serNitude. This amendment confcrs no power
4 upon Congress to Interfere In a state election,
except II be TO vindicate popular rights: and
certainly none to take them away. But whatever
6es msy confer on eGnsrG G in 5 he p grGp6 ,6o
election In North Carolina here referred to.
The states have not only
the EXCLUSIVE CONTROL
Of state elections, but they have the additional
exclusive hight, under the national and 81 ate
/ Constitutions, to define the qualifications Of
electors of members Of Congress. The Constitu-
/ tiOn Of the United states declares that:
The House Of Representatives shan he composed OF
mem6ers chosen eyer, year b. the peop q The
ana S E III e%r. see , Of ' h S, as
numerous branch OF the state Legislature.
Iii not To he supposed that this clause has
/ been rendered nugltOry by the late amendment
just referred To winch prohibits the states from
/ excluding the colorcd race from the polls. For
the right still remains to the States To require
belieye that In New England certainly In Mas
sachusetts-a voter must be allie to read and
write. Congress cannot override this feature In
! the Mass ss1chusetts Constitution; and II that
| body should attempt To interfere the Indignant
nent To a proper sense Of the daring usurpattun.
| could almost wish that the attempt were
made.
| But there ia class of minds which are prone
! TO Weld To the weight of great names rather
| than to the force Il reason, aud therefore add
/ the following Judge story, in his commenta-
| ries, gives brief account Of the origin Of the
/ clause above quoted, and then makes this re-
mark. in which he follows, To some extent lite
rally, the language of Mr. Madison, in the hity-
second number Of the tedertiGt:
II was under this known diversity OF constitutional
provisions 10 reglr 20 STATE elections that the co9yra
The deaSlion of TIE Hight oi sGifsa is very Josy re-
garded a. fupdam' ntal article Of aIepublcAn Govern
70 70 define a.d establish the light IN tue Constitution;
cSasrs.. You'd RsVo 'G Sc-a @FoSsT tor Inc rSssoa
JGsI msnii9,ei 10 have sa at;si & to ihe ieSs.e
the reason for tho additional reason that IL
G:y lns SG % s SS s4a
ought " De dependent on the people alone
/ In tho nfty-nluth number Of the Fcderdltst
| Alexander Hamilton says:
suppose article had been introduced into tho Con
situation the United states TO regulate the
t.te e. Ooth unssrrsntaOIs transport.
2a s2aeJS 81 c n .n state Sn foT HS a
prncipe In tnis case would have required NO com
THE sTArB CONVENTION
In 1893 assumed that Congress meditated this
gross infractiop OF the Constitution and inya-
I sion Of the rights Of the state and people, ana
carried II out unuer the supervision and sur
SeilIance OF the military commander OF District
! MOI The election Of the sO-Callcd Legislature
was therefore void, and the men chosen when
/ they assembled did not constitute "A LIE -islature
/ legitimate authority and they had no right to
/ pledge the faith Of tho state To anything.
]
/ the people 10 redeem, or pay interest on honda
| which they or their agents stole or misapp He'd
| This IL the sentiment OF the tdXpay crs and ,- .he
| Intelligent people OF the state Of all parties.
1t Is said that OF the many millions issued by
/ authority OF this pretended Legislature, "a few
/ hundred thousands nave been applied to Duild
! ii,g "A railroad in the western part Of the state
| If this he true, let those who advanced their
| money on the fraudulent bonds have the road.
| That is
ABOUT ALL THEY WILL GEr.
III well recognized principle Of law and Of
| ethics that "a man Is not bound 10y pledge given
! under duress, and II Is also settled prlnoipie
| OF daily application la the courts that the holder
| OF "a forged check or note cannot compel the
payee named In II to make 1t good In the case
! before us we have a combination of these
felOnies, with intent To rob the people OF North
| Carolina, First, there Is tho uuress, by which
| the taxpayers are warned away from the polls at
| the point uf tine bnyun0tI and then there Is the
| forgery of the great seal of the state, by pre-
tended Legislature, To bonds for millions OF dol
! Lars The holders must look To tho fOrgers for
t.-. -Oney. am, very respectfully,
DANlEL r. GOODLOE.
WAHRENTON, n. c., Aug. Is, 1873.
d0lanttO--- {tmnts.