Year: 1868

Mr.. Thnd Stevens Bill for tho Recon-


struction of tho Northern states.


Mr.. Stevens proposes that Congress shall by
law define who shall vote for members of that
body in the several States; which seems to
imply that he does not know that this point is
expressly fixed in the constitution and that no
nero Congressional enactment can change it
The second section Of the first article of the
constitution reads as follows:-" The House OF
Representatives shall be composed of members
chosen every second year by the people of the
several States; and the electors in each State
shall have the qualifications requisite for
electors of the most numerous branch of the
State Legislature" Here is certainly clear
declaration as to who shall vote for members
Of Congress 1t is most positively the inten-
tion of this clause to make such a decara-
ton. The right to say who shall vote


for Congressman is, beyond cavil, left with
the States themselves, because it is purposely
| made dependent upon point that no power
| outside of State Is competent to determine.


1t has never yet been urged by even the
widest centralizationist that the general gov
4


of choosing its local Legislature. That is


the inner circle OF its separate existence


the vital point in its machinery without


that right it falls to pieces. This is cer-


tainly, above all others, "one OF the powers not
delegated to the United States by the constitu-
ton, nor prohibited by it to the States," and
which powers, therefore Ito still quote the


constituiion), "are reserved to the States re-
| spectively;" and the determination who shall
vote for the most numerous branch of the


State Legislature determines who shall vote
for members OF Congress. AS this is fixed
point in the constitution, nothing, of course,
but constitutional amendment can change it;


and the proposition to change it by bill argues


either ignorance that the point is fixed, or q
revolutionary Indifference to such points


equally characteristic OF Mr.. Stevens and his


party.


II the member from Pennsylvania should
condescend to any argument in this matter
if he should so far acknowledge the binding
force of the constitution as to care that his


law shall agree with it-he will probably en-


deavor to base it on the fourth section of the


same first article. This section reads thus =


"The times, places and manner of holding
elections for Senators and Representa-
tives shall be prescribed in each State
by the Legislature thereof; but the Congress
may al any time, by law, make or alter such
regulations, exccp. as to the places OF choos-
ing Senator'S" This seems to give Congress


authority in the case, but in fact does not


Here certain power is recognized as prima-


rily belonging to the States; and Congress is


permitted to assume it, under restriction, for


the purpose only OF fixing the time, place and


manner Of holding the elections. Under cover
Of these words Congress can find no pretext
for touching the qualification OF electors for


il could only lnd it by implication, and .
power cannot be based on the implica-
ton OF one section when il is positively
denied, and intended to be denied, by the
express declaration of another. Indeed, if
this fourth section were not to be construed in
the light Of the irst the present Congress
might make Itself permanently sovereign


body II could do this as easily as IL can do


what Mr.. Stevens bill proposes, and has the
same authority. Mr.. Stevens proposes to wipe
out that part of the second section of the first
article that leaves II to the States to define


who shall vote for members; and for


this be can find only colorado power,


II any. Suppose he should endeavor 10 lcgis-


late away the other clause OF the same


section-ha. which says tnat members shall


be chosen "every second year. lie could


say that by the fourth section Congress is


given power 10 Gx the time for election, and


may liz il fifty years hence. But il Is plain
this would be wrestling terms yet there is
certainly as good power in the fourth sec
tion to override one as another clause OF the


second section. IT. therefore, Congress can
change the suffrage in me Northern States IL
can also legislate itself permanently into office.
But this bill is only one more indication OF
the direction in which the nation drifts, or
rather is driven, by the extravagant and reck-
less policy Of these would-be rulers. II points
70 those encroachments on the Liberties of the
Northern people that must follow as neces-
sary consequence upon the destruction of con-
stitutionsl government in the South for if
State lines and constitutional limits to the
power OF Congress are no safeguard in one
| State why should they be in another Here.
| then, 10 made directly obvious TO the people Of
the North how their interests are bound up with


those Of the people Of the South; and In this bill


they may, perhaps, even dimly see that there
was some original error in conceding the irst
stems sgAinst hS llghb Of SRtsh Having