The times. [volume] (Richmond, Va.) 1890-1903, 1890-08-23
THE TERM AS FULLY DEFINED BY
JUDGE CAMPBELL.
The ConstitutionsIity of Plural Voting
yindicated, with reference to the Guar
anty Clause of the Constitution of the


ion by the United states for being unre-
publican.
Each considered its form Of government
epublican. and, by joining the Union, Sc
,nred guaranty from the United states OF
Continued enjoyment of this form, not IN us
particular details, but in It's essential
eaturcs- general outline and frame
work. Any government - republican
n point Of form which correspondents with
he government i'm existence when the Con-
stitution was adopted.
NEGROES AND THE CONSTITUTION.
In most. il not all, the States in the Union.
when the Constitution was adopted, negroes
were denied the right to vote. even when
free. And now, bu, for the amendments,
The exclusion of negroes rs such from the
ballot-bOX would not be IN cOntraNenliOn
Of the guaranty clause of the Consul
tuition, because that would be merely 10
10 whit most of the republics which
formed tue tnitCd states (the great repuo-
lic) did, and We may safely lolloW ihehl'
In many of the states forming the nioh'
was restricted among the whites.
In several property qualification for sui
trace was required. The regulations for
suffrage. and eligibility 10 Office were a.
various as the States, and these things dad
not detract from the republican form Of gov
eminent required 10y the Constitution oi ire
| 'uitod states. 4 state which sanctioned
slavery. denied the right Of free negroes 10
vote because they were negroes, ana denied
white men of any age or intelligence the
right 10 vote if they did not have a pre-
scrbed property qualification, was, never
thcless, republican in form, and free from
all exception in this respect.
RHODE ISLAND.
Rhode Island. under charter government.
with restricted suffrage, and grossly unequal
appOrtionmcnt of representation, with a
large majority of adult male citizens denied
all participation in government was neid 10
be republican In form. and not TO be revolt
tioniZed even hy clear majority OF her
citizens by irregular methods. Luther W.
Borden. = How. ]. These examples show
the meaning of "repuhlican
form Of government" as employed IN the
constitution. substantial conformity to Pc
publican models is all that is required.
The states had been colonies Of Great
britain, and had thrown Oh Tue yoke Oh
monarchy and made good their ctciafail'h
Of mdependcncc. and were not possessed oil
the right Of selEgOycrnmcnt. and in forming
a Union each stipulated for the power Of nll
10 be eNertcd OBSCURE e1cn in the continued
ENJOYMENT OF the right 81 sc.i-goYcrnmeht-
free from the domination ot King OF
other monarch. on "a favored few, VINO
should claim tO exercise power Do defiance
of the many.
"a republican form of government was
meant. as distinguished from the one man
power or monarchy, and government 10y %
lev principal persons. who might usufl
D.. a.
uarticipatiOn bv the multitude. II was
doubtless contemplated that many instead
of n favored few should be entitled 70 sui-
iraee: that number large enough to con-
stituto them "A fair representative oil lne
whole body of citizens. should possess this
right: and with this the constitution! pro-
vision is satisfied. because that Is the model
furnished bv the makers Of the Mon.
MADISON.
Madison. in the Fedcralist. 40. 80. defines
a republic TO DE "a government which ue-
rivos an its powers directly or indirectly
from the great body oi the people. ana j.
by officers representing thcil'
Ii is essential. be says. tO such gov ern-
ment that 10 be derived lron me great holl
of the society. NOT from an lhcpneldrIA Dit
or a favored class Oi IT. other
wjsc.a handful oftyrannical mobiles. cNcrci--
inc their Impressions by delegation oi
their powers. might aspire % the rank Of
republicans. and claim for iheir Govern
ment the honorable title OF republic
JUDGE COOLEY.
Cooley saws: by republican government
is understood government hy representa-
fi,es chosen hy tine people; and il contrast
on one side with Democracy,
ana ON the other with the rule ot one man.
as kim. Emperor. car. 81 sultan, or viii
that of one class of men, rs IAN ari-tocract
Principles If CON. Law. j.. l'l-'. l'
further SAYS. In the same connection.
But il would hy no means follow tlal
tine whole body Of the people, or even DO,
whole BODY 81 adult and competent
'pcrs0ns. would DE admitted to political
PRIVILEGES: and I'm any Republican state
the law must determine the qualifications
for admission tO the elective franchise. b.
lg5. On page l96. speaking Of the facts that
Iii would Dc possible iur The people 90 ihe
state 10 effect such changes as would de
priye 10 Of It's republican character b,
saws. Thus they might in that manner SCI
nm p monarchy. or SO restrict suffrage "a, o.
deuriNe representation altogether of It's pep
Mar character. and thereby establish ni
ari.tocracv. and 10 would then become ihD
duty Of Congress to interfere. but INST 200
question would present Itself. whether Tine
changes made are 80 radical I'D their nature
a. to render the government unfcpuDlicdh.
This undoubtedly is the true doctrine
of course Congress may declare that 90 Dt
auti-Republican which il not, but what
ever we do must stand this test. and Qua
only course il to do what We think propl
and take the chances.
80 say that "a republican lonf Of gov
eminent implies universal suffrage. or I'D 100
il forbids the imposition of qualification
which do not directly affect the voter
capacity To- Judge properly OF his political
aci Of voting. is to violate all the fundb
mental rule Of Interpretation. 10 blot oul
all history. % declare that even the gov
eminent Of the United states is not lepur
lican. The common sense view Is thl
correct one. that the State may
decide who of their inhabitants shall vote.
Constitutional law by iomcroy, section
30. In section 200, Id. he SAYS: 1T j.
also plain that the United States have 30
powcr or authority 10 interfere with The
discretion Of the States i'm detcrmiuin-
what class of persons possess the quulih-
cations tor electors. The state laws may
throw open the door a. wide as possible, ol
may place any limitation which il not M
consistent with republican form Of GOV
eminent. I'm some, property quallllca-
ton has been demanded from the voter
and this practise was almost universal in
the earlier years Of our government; in "a
few literary or educational qualification
is required
CURTIS.
Curtis. in his history Of the Constitution
of the United states, says: in the Amer
can system a republican government is one
based on the right Of the people TO govern
themselves. but requiring that right TO be
exercised through public organs Of a repre-
sentative character, and these organs con-
stitute the government Vol. II, p. ~.
The essential characteristics of an Amer
lean republican system shall Doe guaranteed
by the United States.r Id.
Authorities on the subject might be- null
tiplied hut it is unnecessary. for all agree,
and the sum of the whole il. that "a repub-
lean form of government is one resting for
its support upon the people TO be governed
and administered by agents appointed
directly or indirectly by them, and main
tanning division Of the departments Of
government into legislative. executive. and
judicial, two at least Of which seem TO be-