Year: 1866

right to vote. If the power Of State over
this subject is recognized at all, 1t IS only
by implication, and an implication, too,
which is conveyed solely in the language
used for fixing penalty upon the exer-
else of such power, and without saying
whether its exercise may not hereafter be
prohibited. No e.rclusire right nor even IL
limited right of a State in the premises is
expressly admitted, but all is allowed 90 rest
on doubtful inference. With the ii ght of
State thus left doubtful, suppose the Fed
eral Government, in the exercise of the
power already spoken of as conferred by
the first section of the amendment, should
think proper to declare that the right to
vote is one of the ''privelegcs and g i'm
munities " of the citizen, what could State
do, except to yield the point. and what
would prevent universal suffrage from be-
ing at once inaugurated Nothing


The founders OF our polity left the mun-
agement of municipal affairs, and the pro-
lection of the ordinary personal and pro
perty interests of the citizens Of the States
themselves uncontrolled hy the supervis-
ion or interference of the Federal authori-
ties, because they rightly judged that as
the welfare of the individual citizen was
most intimately connected with the welfare
of his State, his interest could be most safe
l ly trusted to the protection of his State
The dangerous innovation, involved i'll the
clause of the Amendment now under re-
view, coupled with the final Section giving
Congress power to enforce ali the pro-
''visions of this Article by appropriate lo-
legislation" consists in the fact that it all-
thorizes the Federal Government to come
in, as an intermeddIer between State
and the citizens of the State, III almost al
conceivable cases ; to supervise and inter
| fere with the ordinary administration OF
Justice in the State Courts, and to provide
| tribunals, as has TO some extent been al
ready done in the Civil Rights bill, to which
an unsuccessful litigant, or Il criminal con
| victed in the courts of the State can make
complaint, that Justice and the equal pro
| lection of the laws have been denied him.
and however groundless may he lis com
plaint, can obtain rchearing of his cause.
| The tendency Of all this is to break down
and bring into contempt the judicals Of
| the States, and ultimately to transfer The
administration OF justice, both in criminal
and civil causes, to courts of Federal juris-
| diction, is too manifest to require illustIu-
| ton.


A serious objection to the second section,
if it should be understood rs implying the
| power of Il State to regulate the ques-
ton of suffrage, is that it imposes Il
penalty upon any restriction Of the fran
chise, and offers Il premium for its
extension. The representation of Il State
and its consequent political importance be-
ing diminished III the one event, and in
creased in the other. The manifest design
of this provision is to bring about, by indi-
rect means, the adoption of universal suf-
frage, irrespective of rae or color. And
thus premium is offered for the prostitu-
ton of the franchise. Nothing could be
more threatening to the stability OF our re-
publican institutions. There can scarcely be
a doubt that if the question of negro su1ra ge
could be calmly considered purely on it's
own merits, and aside from the preiudices
of the times, all thoughtful and well in
formed men would unite in condemning it
as in the highest degree impolitic and IN
| wise.


a leading feature of this second section,
is that virtually it makes the basis OF repre-
sentation to consist of the voters only, which
is manifestly inconsistent with the theory
of our political system. The voters are
merely the appointing power, whose func-
ton is to select the representative, but his
true constituency is the whole population.
1t is great fallacy to maintain that an Off
GER represents only those who vote for him.
Senators are chosen by the State Legisla-
lures, but they represent not the Legislature
merely, butsall classes of the State popula-
ton with their varied interests. But it is
urged by the advocates of the policy OF
| basing representation on the voters only,
that this is necessary in order to give
equal weight to a voter in different
States, and yet there is neither justice Oh
the one hand, nor any practical importance
on the other i'll this idea. Say the States
have equal population, equal voting
strength, and equal representation; and sup
! pose one of them should choose to restrict
| the franchise so that its quota of represent
tatives would be selected by half its former
number of voters this, indeed, would be a
matter of interest to its own citizens, but of
what possible concern could it be to the
citizens of the other States A complaint
that the aceigM of voters was not equal, would
come with bad grace from State, which, 10y
extending widely the franchise had thereby
diminished the relative Importance of it's in
dividual voters. If two States had equal
population, but one of them should allow
twice as many voters as the other, then ac-
cording to the pending Amendment one
would be entitled to twice as many repre-
seatatives as the other. This might be
giving equal weight to voters, but would
certainly be giving very unequal weight TO
the respective non-voting population 50
that no consideration IS given to the non
voters who must always constitute the great
majority of the people, and bear large





the negroes, who form large an ele-
ment in the population of this common
wealth cannot wisely exercise the right
of suffrage. and should not, therefore, be
allowed to do so ; yet, if there ever was a
time when that race should be counted in
the basis of representation it is now, for
they are thrown, an immence burden on as
few States, ana will for many years demand
the utmost exercise of every agency for their
advancement in the scale of being.


The third section of the amendment is
designed solely to affect the South 1t vir-
tually disfranchses a large portion of the
people of North Carolina. 1t IS well known
that most of our able bodied men were
Confederate soldiers, during some part OF
the late war and of those Of our people
who were not in the army, SCARCELY ali indi-
vidual can truthiuily say that he rendered
..no aid or comfort y to the Southern cause
and all who thus gave laid and comfort, =
and besides this large class all who had
! ever prevIousl y taken an oath to support
the Federal Constitution, either as mem
Der of Congress, or as an officer OF the
United States, or a member of State Leg
| Il, or il16IpIal Otfic,aF Of