Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1879-01-30
RevIvau Of sac O11Earchy Unaer stare
Rights.
Cincinnati Commercial.


The substitute proposed by the Demo
cratic Senatorial caucus for Senator Ed
munds' resolution declaring the recent
to the Constitution as obli-
gatory as other amendments TO the organic
law, deserves consideration. The first
resolution of the substitute fully recog-
nizes the validity of the amendments;
that it is to the common interest of all the
States and Territories that they be en- |
forced; and that il is the duty of the |
United States, $50 far as the power has |
been delegated to them m''-mark the phrase
ology-tO enforce these amendments, and |
to protect every citizen in the exercise of |
all rights thereby secured.
The distinction betweena National and
Confederated Government is here as care
fully preserved az If the resolution had
been drawn by John G. Calhoun himself,
and the issue between the two ideas had
not been settled by an appeal 10 arms.
The Democracy have never been able to
realize that the United States of America
is anything more than confederation eff
soverneign States. with no inherent Ma
tionel power, and exercising only dele
gated authority. The citizen owes duty
first of all TO the particular soYereignty
I,nGler which he lives and of which he is
citizen. He has no direct relation with
| the National Government, and independ-
ent of his relations to the State. In this
view of the limited powers of the Nation
al Government lies concealed the right of
sovereignty to withdraw from the COM
pact at pleasure-the right, in fact, exer-
cised by the States that seeded from the
/ Union in 1901, aud which every Seces-
sionist resorted to TO Justify his action in
taking up arms against the Government.
This view Of the nature of the Govern
ment is more distinctly disclosed in the
second resolution of the proposed substI-
tute. The Government of the United
Estates it declares TO be one of delegated
not of sovereign-powers alone, being
distinct from the Governments of the
several States. It follows, THEREFORE, that
while the citizens owe allegiance to both
Governments, it is, so far as the Federal
Government is concerned, iimiaHlAl-
legiance, the real sovereignty over the
citizen inhering in the State. The FEEDER
al Government can confer upon him no
rights that the State sees At to deny, aud
which do not grow, out of the limited pow
ers delegated to the Federal Government.
From this is deduced the conclusion
embodied in the third resolution, that as
the States have not conferred upon the
Federal Government the power TO define
the right of suffrage, "they have no voters
of their own,n the citizen deriving the
franchise exclusively from the States.
As, however, the Fifteenth Amendment
forbids discrimination In the exercise Of
the franchise on account of race, color or
previous condition of servitude. Congress
may go so far as, by appropriate legisla-
tion, to prevent Determinations by the
States for these causes.
The fourth resolution contains the
cream of the whole series. 1t is In these
words: a 1 s.I a
esThat when such right TO vote is de-
MED or abridged by the conduct of the
person wheis not so acting by authority
and in obedience to the laws of State,
the Jurisdiction to punish such conduct
is in the State Government, and is not In
the Government of the United States"
This is a distinct denial of the right of
the General Government to prosecute and
punish for violation of it's own laws,
framed for express purpose of enforcing
the amendments to the Constitution and
protecting citizens in the exercise of the
rights acquired under them. There is
not White Leagper in Louisiana nor a
Red-shirted Rifeman in South Carolina
who wants anything better than that.
They have no apprehension of results so
far as the State Courts are concerned. II
the Federal hand can be stayed at the
threshold of the State, and 1t is poWerless
to enforce its own laws, they can deny
and abridge the right-of suffrage, so far
as the freedmen is concerned, to any ex.
tent that may be useful to their own po-
: litical ends, and do il with perfect i'm
punity. ae-5 ~sa .t. -r5.s gl
The resolutions contained in this sub
!, stitute of the Senatorial Democratic eau
Gus are only fresh symptoms of a Demo
cratic purpose to circumscribe suffrage,
under color of State rights, so soon as
they shall have obtained control of the
Executive and legislative branches of the
: Government. It is to be done in defer.
ence to the Southern opinion, as formu-
,
telligence and property of the country
must rule. Before the war had modified
the relations of whites and blacks in the
South, tho same sentiment found express
sion in the proposition that the intelli-
!, gence-a and property of tiie country must
own its labor. Its-applicatiop was, how.
ever, confined to the slave States II
never was proposed tn extend It to labor
In the free States. Nor does Senator
Thurman expect his new theorems will
have application outside the old area OF
slavery. Were it attempted in the free
North to apply this doctrine that the
property and intelligence of the country
must rule it, there would be political
: revolution, and the disaster that would
oYertake the Senator and his party would
have no parallel since Pharaoh and hi,
hosts. were buried under the waves of the
Red Sea.
The resolutions of the Senatorial eau.
Gus are cunningly devised to give the In.
telligence and property of the Southern
> States an opportunity t do the ruling by
depriving the freedmen of the protection
of the General Government The intelli.
gence and property being duly organized
and armed, can easily intimldate tht
blacks, and keep them from the polls. Il
has been done, and can be done again. Il
e is not necessary for the States to legislate
! on the subject. There might be danger
if that were done, they would be deprived
4 Of the use of the negro In making ar
) enumeration of population as basis Of
representation. If only the Federal Gov.
! ernment can be deprived of the power tc
on fnrnn &c 1n ,,,a nr,,a Ao, -,...,.h - l..