Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1875-09-01
CLEARFIELD, PA, WEDNESDAY, SEPTEMBER /, IS7

, tions that were 10 frame new constitu
, tions for these states should be electe,
by "the male citizens twenty-one year
old and upward, Of whatever race, colo
or previous condition." and that til,
same persons should vote on the ques
ton Of ratifying these constitutions
Now, the fact being admitted that thes,
states were states, and not mere terri
torics-and if they we're not such they
could not have participated in the rati
fication of the thirteenth amendment
then Congress had no more power
to do this than il had to provide thai
women and minors should vote. Tn,
constitution, as it then stood and as il
now stands, gives Congress no author
ity to determine who shall exercise tn,
elective franchise in the several states
The supreme court tof the United States
in the recent case Of Mrs. Minor, said
'The United States has no voters and
no one can vote for federal without be.
lag easnf,nfan afa g.. a. a afiiaa.--.i'
The qualifications which create this
competency to vote for state officers
do not tall within the jurisdiction OF
Congress at all and, hence any legis-
lation by Congress that purports to de
fine these qualifications is unconstitu-
tional.
In the third place, the reconstruc-
tion act of March, 1867, while destroy.
ing ten state governments and provid-
ing for the creation of ten others, de
clares that no one of the states involved
shall be represented in Congress with
out previously ratiiying the fourteenth
amendment To this feature there are
two constitutional objections. The
first is that, if state be competent to
vote upon an amendment at all, it has
the right by the constitution to be rep
resented in Congress, and Congress
cannot, without violating the constitu-
tion, make the enjoyment OF that right
dependent upon its acceptance of an
amendment lfa state has the power
to accept, it has the same power to re-
ject. 10 submit an amendment with
the provision that it must be accepted
as the condition of representation is
constitutionally absurd. The other oh
lection is that the constitution makes
each house Of Congress the exclusive
and final "judgo of the elections re
turns, and qualifications of its own
members !" and hence, no law passed
by the two houses can have the least
authority over the direction of either
house. The act is, moreover, exposed
to the further objection of asking
state TO vote upon an amendment and
at the same time putting it in the con.
dition of dureSS, which is virtual coer-
cion TO vote in certain way, wholly
inconsistent with its right to accept or
reject the amendment. 1t is the die
tatlon of Congress, against the entire
spirit and letter of the constitution.
In the fourth place, the act makes
the right of representation in Congress
dependent not merely upon voting for
the fourteenth amendment, but also
upon its adoption by the requisite
number ofStates. An affirmative vote,
in order TO secure representation, must
be accompanied by sufficient number
of such votes TO ratify the amendment.
There is not syllable in the con
stitution which gives TO Congress the
power to hH anl such condition. A
80 - ffsfl E...I I
has the right of representation in
Congress, no matter which way il
votes, or how other States vote, or
whether the amendment be adopted or
not
Finally, the proviso Of the act de-
clares that "no person excluded from
the privilege of holding Office by the
said proposed amendment to the con
stitution of the United States shall be
eligible TO election as the member of
convention to frame constitution for
any OF the said rebel States, nor shall
any such persons vote for members of
such convention That is to say, in
plain English, Congress, in part, at
least, makes the amendment practi- |
calty operative before it is adopted, |
and so far enacts ii by its own author
ity. Why, then, go through the form
of adopting it at alp Why not es-
tablsh all its provisions by congress
sional legislation
We submit this history and these
brief comments in illustration of the
remarks of Judge Cooley quoted in the
commencement Of this article. The
fourteenth amendment in its contents
is right; but in the methods adopted
by Congress to secure its ratification
hardly anything on constitutional
grounds can be more Objectionable
Justified these methods cannot be ex-
cept upon that theory of necessity
which overrides all constitutions and |
all laws. Let them never be quoted |
as precedents. Accepted as such, they |
would put it in the power of Congress
to do anything it plcases with the
States and with their governments.-l
Independent