Year: 1869

THE REGULATION OF SUFFRAGE LEFT TO THE
STATES.


81 come now to speak more properly
on the subject of negro suffrage. The
Constitution of the United States has
referred the question of suffrage to the
several States. This may have been right
or il may have been wrong. ] am mer-
ely speaking of the subject as 1t stands,
ard say that the question Of suffrage is
referred by the Constitution to the sew
cral States. 1t first provides that such
persons that .hada right to vote, 10y the
laws of the State, for member Of the
most numerous branch of the State Leg
islature, should have right to vote for
a member Of Congress. 1t then in another
provision, declares that the States may,
in any manner they may see proper, ap-
point or elect their Presidential electors,
so that the whole question of suffrage
has by the Constitution, from the begin
ming, been referred to the several States.
Now it has been proposed by some to
AVOID the operation OF this provision by
excluding members Of Congress from the
Southern States until such time as they
shall incorporate negro suffrage in their
State Constitutions-to say to them ::
We will keep you out of your seats until
such time as the State from which you
come shall amend its Constitution SO as
to provide for negro suffrage


CONQUERED PROVINCES"


That is one way in which to avoid
these Constitutional provisions. There
is another plan, and that is the theory
which regards these States as being out
of the Union. and holding them as con-
quered provinces, subject to the jurisdic-
ton of Congress, like unorganized ter
ritories-saying that Congress has the
power to provide for the calling of con-
ventions in these States, just as in the
Territory of Dakota, and may prescribe
the right of suffrage, and determine who
shall vote for delegates TO the conven-
tons, just as in the Territory of Dakota !;
that it may then determine whether they
will accept the Constitution offered, as
might be determined in the case Of any
other ierritory.


will not stop to argue this question
at length, but l will say this: That
from the beginning of the war up to this
time, every message of the President, ev-
cry proclamation, every State paper and
every act of Congress have proceeded
upon the hypothesis that no State could
secede from the Union; that once in the
Union, always in the Union. Mr.. Lin
coin, in every proclamation, went on the
principle that this war was an insurrect-
ion, y rebellion against the Constitution
and laws of the United States not re-
bellion of States but a rebellion ofindivid-
uals-the people of the several Southern
States-and that every man who went IN
to it was personally and individually lia
bic for his acts, and could not shield
himself under the action or authority of
his State. He went on the principle that
every Ordinance of Secession, every act
of the Legislatures of the rebel States in
that direction was nullitv. unconstitu-
tional and void, having no legal force





whatever and That, as these States were,
according to law, in the Union, their
standing could not be affected by the
action of the people. That the people of
these States were personally responsible
for their conduct, just as a man who vio-
lates the statute in regard to the commits
sion of murder, and to be treated as Grim
inals, just us the authorities thought pro,
per; that the people ofa State can for
felt their rights, but that so far as their
action is concerned, in 4 legal point of
view, they had no power to effect the
condition of the State in this Union.
Every proclamation and every act Of
Congress have proceeded upon this hyp-
othcsis. Mr.. Buchanan started out with
the proposition that this was rebellion
OF States He said we could not coerce
a State. Our reply was. 1--WE have