Year: 1866




Government; but the inevitable and constantly
increasing tendency would be for the control of
domestic affair, to steal away from the people,
the States, and local municipal bodies. and CEN
tralize and concentrate in the hands of the
Federal Government; and as party conflicts in
tensifed aud party victories alternated, the
power would be more and more inexorably used
by the dominant party to punish its enemies,
reward its friends, and strengthen and per-
petuate Its hold upon the power and patronage
OF the Government. Be assured, II this new
provision be engrafted in the Constitution, 1t
will, in time, change the entire structure and
texture of our Government, and sweep away all
the guarantees of safety devised and provided
by our patriotic sres of the Revolution.


1t is impossible to maintain our wise and
happy form of government without preserving
the independence and sovereignty of the States
within their appropriate and constitutional
spheres. They are OF primary and vital import
ance. The States may exist and perform all
their functions without the Union or the Fede-
raj Government. The Union and the Federal
Government cannot exist without the States,
and they must be States of equality-equal in
dignity, equal in rights, equal In po wer, equal
in the control, absolute and unconditional, OF
all things pertaining to their internal and local
policy and interests. Another blow which the
proposed amendment aims at the Government
which our fathers founded, is in the change of
the basis OF representation. This would be of
very pernlcious effect. Aggregate population is
the true basis oil representation.


No matter how the elective franchise be dis
posed of, whether exercised by few or many,





The interests of all classes OF people in the same
community are so interviewer and commnged
that they cannot be separated, and whoever
wields the representative power must do 1t for
the good or i'll of ALL perhaps not precisely in
the same degree, but he cannot use it so as
largely to benefit one class without to some
extent benefiting all, or to injure and oppress
one class without to q greater or less extent in
juring and depressing all.


There are always even in this country where
the right of suffrage, is most widely extended,
large numbers who do not vote at all, whose In-
te1ests, nevertheless, are cared for, and whose
numbers, being computed in the apporton-
ment OF representation, widen the foundations
OF the representative assemb les. Such are all
persons under twenty-one years of age, females
of all ages, and unnaturalized foreigners. Why
are they not permitted 10 vote? And not being
permitted, why are they counted in fixing the
ratio OF representation? They are not allowed
10 vote, because they are not supposed to be
sufficiently instructed il political economy and
governmental affairs to be entrusted with the
elective franchise They are computed in
fixing the ratio because they, are part
who do vote, having interests in com
mon with them, and their influence OUGHT
to be felt IN shaping the laws by which their
rights OF life, liberty, and property are to be
determines: and although they do not vote,
their influence is felt and their interests are
cared for, precisely because they are counted in
fixing the relative weight OF the communities
to which they belong in the legislative assem-
blies, although their voices are not directly
heard in determining who shall represent them.
1t is not true, as is cons stantiy alleged, that the
relative strength OF the States which were in
rebellion will be increased by the results oil the
war If they are now ailowed representation in
the national councils. The present ratio of
representation is adjusted by the census of
1860, and cannot be changed until after the
census of 1870. Till that time, therefore, the
relative strength of the several States of our
country must remain precisely as it was under
the census OF 1860.


After the census of 1870 the positive and re-
lott of n States Con-
gress and the Electoral College will both be
| diminished, even If the non-votng black popu-
! ton be included in the basis In 1860 three
ffths of all the black population of the Southern
| States were counted. The census OF 1870 will
show the whole of the non.voting black popula'
! ton to be less than three6fths of 1860. Nor is
| it true that vote in the South will outweigh a.
| vote in the North If the non-voting negro pOpu-
laton lie included in the basis of representa-
ton. If the proposed amendment be adopted,
all the non-voting black population OF the
South will be excluded, while ali the non voting
| unnaturallZed toreign population OF the North
will be counted. The great preponderauce of
unnaturalized and consequently non-vot'ng
| foreigners, is in Northern and Northwestern
States, They and their families number hun
dreds of thousands, perhaps millions, and yet
| they are all counted in fixing the late OF repre-
sentaiion. This is right. ! do not object to it.
They are part of the community. They help
to make up the strength and productive
wealth of the State, and ought to be computed
in fixing its political power But II 1t is right





II is equally right to count 1t in another; and
if counting in one and not in the other, it gives
the one an advantage over the other lncompati-
BILE with the equality OF the States, and OF a
dangerous and revolutionary tendency; while
the unnaturallzed, non.voting population of one
section of the country will be constantly in
creasing, the non-yoting black population Of
the other section, by obvious causes not now
necessary 10 be mentioned, will be constantly
decreasing. 1t would be better for all parties
and interests, and far more hopeful for the per
petuity of our Government, If something like
an equilibrium of strength between the differ
ent sections of the country could be main
tanned. The third section of the proposed
amendments dlsfranchlses the great majority
of the educated men of the States which have
been in rebellion, and excludes them from any
participation in the affairs of the State and
Federal Governments The entire control of the
the hands of meagre minority of the
men at all qualified for such control,
and they, as general thing not of the most
intelligent and capable classes. No such sweep.
ing and indiscrminate prescription is remem-
bered since the days Of Philip III of Spain II Is
not 10 be expected that in this age and country,
and with our race, majority OF the educated
men OF ten States will long submit to be eX-
cluded from all share in making and administer
ing the laws by which their lives, liberties, and
property are to be judged, without the constant
presence and pressure of a force adequate to
coerce obedience. The adoption of this amend
ment win involve the necessity OF maintaining
an army TO enforce 1t, which OF itself would be
dangerous To liberty, ana add greatly to burdens
of taxation ALREADY grievous. can see no good
to esult from the proposed amendments. see
much evil. We had better adhere to the form OF
government which our fathers gave u.s. 1t Is
in nv Judgment, the m st perfect poll ical pro-
duction OF human wisdom and patriotism. For
three-uuarters OF a century 1t secured us unex-
ampled prosperity, and at the end OF that time
enabled us TO meet ana overcome tne most