THE DAILY EVENING TELEG K Aril PI1 EL AD ELPIII A, WEDNESDAY, OCTOBER 30, 1867.
SriRIT OF TIIEPllESS.
rpiTORUl OriSIONB OF TBI LEADING OUKHALB
PTOll OUBBKISfT TOPICS COMPILED KVBBf
DAT FOB TBI EVENING TKLKOBAPH.
Vnr In Enropii
from 1h Y. Herald,
TLe latest news from Europe proves thatttie
situation of affairs in Italy hourly becomes
jaore serious. The insurgents under Gari
baldi are probably now in Rome. The Italian
Government is still inactive, no further mea
sures having Wen taken to check the progress
Of the revolutionists. Meanwhile, the French
Emperor has put hia threat into execution
and the French fleet so long in readine33 at
Toulon has sailed, with the expeditionary
farce on board, for Civita Vecchia. It is mani
fest that Victor Emanuel and his advisers are
at their wits' end. They know not what to
do. With tho September Convention on the
one hand, and the national will on the other,
they sta nd like the philosopher's a3S between
the two bundles of straw. Their position, we
' : Iniit. is difficult, but jrreat statesmen . are
, ,ualto great emergencies, and the "inao
.ity" in thi3 case can scarcely be said to be
ui.sterly."
n a few hours, however, French troops will
in collision w ith the Garibaldians, and it
w..i be difficult for the Italian Government
'-m -r to hesitate. The Garibaldiaus alone
not a match for the troops of imperial
,nce. lHit will the Garibaldians be left
no f llather will not the Garibaldians mul
y until they cover the peninsula, and until
iounds are heard in any part ot Italy but
tribaldi" and "Rome?" Even now, so
tu. roughly at one are the Italian people in
gard to thi3 Roman question, that in au
. Iti-Garibaldi movement the troops cannot be
ousted. It requires but the presence of
French soldiers on Italian soil to fan the spirit,
already wild, into uncontrollable fury, and
lo precipitate upon the invader the entire
strength of the peninsula. In such a case
Victor Emanuel and his Cabinet must ad
vance with the popular torrent or perish be
neath it.
It is a belief which is entertained by many
that Italy will not, under any provocation,
allow herself to come into collision with France.
We do not share this belief. Italy, we admit,
is not in present circumstances a match for
France. We do not say this because 2ii,OiK,0lH)
are not a match for 37,000,000, but because the
Italian kingdom is too young, too poor, too
imperfectly consolidated, even though its
population were larger, to meet on equal terms
with one of the beBt organized and most power
ful military monarchies in the world. But the
blood of the nation is up; it feels itself hin
dered from obtaining its own, and insulted
before the world; and nations in such circum
stances are but little in the habit of calculating
possibilities. Nor, in the event of war
breaking out between the two powers, would
the cause of Italy be altogether desperate.
Italy is not now what she long has been.
Since the breaking up of the Roman empire
almost to the present time she has been so
weak as to be at the mercy of every powerful
neighbor; but this weakness was the result of
disunion. Disunion is now no more. The
peninsula is no longer cut up into number
less petty principalities or dominated by
neighboring monarchies. For the first time
during many centuries Italy is a unit and the
Italians have a national existence. It id to
complete and perfect this unity, to round off
into a perfect whole this national life, that they
demand Rome. It is to hinder this unity, to
Stunt this national life, that France now invades
the Roman territory. In a contest with
France, Italians, whatever might be their
drawbacks, would have the incalculable ad
vantage of fighting on their own soil for the
'integrity of their territory, for the unity of their
national life, for the realization of everything,
in faot, which is most righteous aud most
noble in human aspiration. Not a soldier but
would feel encouraged by the thought that he
was backed up by the sympathy of his eutire
people, and that wherever in any part of the
world liberal sentiment had found a home,
rayers were breathed for his success. The
'renoh might feel that they were grappling
not with the weak arms which their fathers
despised in the wars of the revolution, but
with somowhat of the sinewy strength of the
ancient Romans. The Italians might not be
able to drive Frenchmen from their soil, but
they might be able, as long at least as was
necessary, to hold them at bay.
The success of the Italian cause, in truth, is
largely dependent on the influences which
may be brought to bear upon it from without.
The oivilized world is watching the movement,
and watching it most intently, l'ubllo opinion
is already excited, and if war break out will
be excited more and more. It is not for a
moment to be doubted that 3ympathy will go
with Italy and against France. The effects
will be manifold. Prussia may or may not join
actively with her former ally against France,
but Prussia will not fail to prosecute her de
Signs, meanwhile, ur-i r Math Germany, and
ere France is aware of it the German nation
may be a unit on her northern border, and
the triumph of Prussia complete. Austria
can do nothing, oven if she were willing, and
she is but little likely to make the attempt.
Russia, however, will not lose this opportu
nity. She has long been waiting for it. It
will have come at last, and we may rest as
sured she will turn it to her own advantage.
Turkey will be compelled to cede Crete
to Greece, and it is even doubtful whether
Such a sacrifice will satisfy Russian demands.
The Christian provinces of Turkey are ripe for
revolt. If Rusia but applies the match the
explosion will take place, and Turkey in
Europe will be shat tered to pieces. England,
meanwhile, will look on anxiously no doubt,
but with calmness and dignity, sympathizing
heartily with progress and liberalism wherever
they manifest themselves, but refusing to un
sheathe the sword except in defense of her in
terests in the Mediterranean and the East.
Egypt must not be touched, and will not.
Worse than all this, France herself may yield
to the influence of universal public opinion,
and Napoleon, when too late, may find that
by the war he has very unnecessarily com
menced, ho has sapped the foundation of his
throne and ruinnd the hopes of bis dynasty
Rome, too, in tho long run, will become the
capital of Italy, whether he will or whether he
will not.
Tb Clandestine Courtship,
From the N, Y. Tribune.
Whatever humor there may be in the clan
destine courtship that has been taking place
this long time between the Democratic pirty
and Mr. Johnson, lies in the fact that the
enamored couple think themselves the sole
possessors of the secret, while in reality there
Isn't a man to be met who does not know all
about it. The first meeting of the lovers was
publio enough, but the conduct of the destined
Ifl'-te pa tW occasion 9 Unit resembled what.
the world is used to at such time, that It is
not to be wondered at if we were all thrown a
little off our guard. Miss Johnson showed as
tart a temper, and ppoke as unoivilly as "Lady
Beatrice" herself, and to those who supposed
she meant what she said, there seemed
little enough likelihood of her ever marrying
"lienedick." She swore she hated traitors, and
would sooner shoot a Copperhead than kiss
one; that Democrats were not to be trustod,
and that in her eye they were little ' better
than Rebels; with a good many more hot and
testy words of the same sort; so that she
seemed to be possessed with a sort of fury,
and the Democratio party, turning his quid
diFconsolately in his mouth, and squirting
tobacco-juice abstractedly over the beauty's
floor, left her with a heavy heart, and cursed
the day that ever he tried to marry a shrew.
Turning at the door for a last look at the fair
termagant, what was his delight to see her tip
him an unmistakable wink from under her
fan, whereupon he gave a great gulp aud
swallowed his grief, took a fresh quid, and
swore a round oath or two to himself, by way
of thanksgiving, and spitting right and loft,
like a very llama, as is the way of happy
Democrats, he left the house to await further
developments.
There were not wanting sharp-eyed people
who even saw the wink which the Presiden
tial shrew gave the Democrats at their first
meeting, but nobody could be so blind as not
to see the progress of the courtship. No day
passed without billet-doux, which were se
cretly let down from the windows by strings
to where our Democratic friend was always in
wait, messages were sent him by telegraph,
and it was not long before the lady began to
turn out of her employ all her old servants,
even those who had brought her up aud taken
care of her from childhood, and put her new
lover's friends and relatives in their places.
She gave them the keys of all the cupboard,
told them to help themselves to whatever they
wanted, and to send the bill in to her uncle,
and in every way she could manifested her
desire to be on with the new love no matter
what bectime of the old.
Everybody saw what wp.s going on, aud
laughed in his sleeve at it, though the opinion
was general that the match was a bad one for
both parties. But what surprised every one
was that each of the engaged ones seemed
ashamed of the business, and replied to all
questions with positive denials. The gentle
man (by which, as we are speaking allegori-
cally, we may explain, we mean the LViuo
crats) denied the insinuation with derisive
jeers, and even went the extreme length of
uttering slurs upon the lady's character, which,
indted, was no better than it should bw; but
the lady cursed and swore like Queen Eliza
beth, and vowed vengeance on auy friend of
hers who should even so much as hint that a
person of her dignity and her position would
ever stoop to such a connection. However, it
was not long after this when the two weut off
on a long journey together at her uncle's ex
pense, and as the lady took her staff of ser
vants with her, and plenty of liquor and
cigars, to say nothing of saudwiches, it may
easily be imagined that the courtship didn't
flag, and in truth the evidences of mutual
affection were so strong that very many per
sons in the country they went through insisted
on believing the gentleman aud lady man and
wile, and congratulated, or commiserated,
tnem accordingly. i5ut lor all that they evi
dently loved one another to distraction, it
seemed they could not bear to have it thought
so, and they have gone on denying it with a
shameless persistency trom that day to this
The last ludicrous evidence of their blind
perversity is only a few days old. Benedick,
who for Beveral years past has been out of
business in consequence of being found out in
some of his nelarious domgs, received a letter
quite unexpectedly, telling him that an old
gentleman in Pennsylvania, whom lie had
supposed dead and buried, had still a little
breath in his body, and had had, as paralytics
and bed-ridden people are wont, a little rally
irjg of the vital forces just before dissolution
In this brief interval he had expressed a wish
to send a message to his old friend Benedick,
and to show that he still remembered him,
enclosed him a lew scraps of mutilated cur
rency, which he hoped he might be able to get
a little comfort out of.
It is quite inci edible the state of excitement
our friend was thrown into by this Utile god
send. Seizing an old banjo from its dusty
corner, and arming a few of his frienda with
whatever bagpipe or fife they could lay hands
on, he smartened himself up, put on a
clean dickey, washed his face, took several
drinks, and was about to set out for the White
House, the name of Beatrice's country seat,
aid fcive her a serenade, when it suddenly oc
curred to him that such a proceeding would
let the cat of his engagement out i f the bag
ot secrecy. If, said he, 1 sing under her bal
cony, what will people think; will they m t be
certain that I love her. and sure that I am to
marry her ? And am I prepared to sacrifice my
possible future fortunes by avowing such a
low connection ? My friends think hard of me
as it is; but it 1 were to marry Miss Johnson!
There is another old centleman in New -York.
and still another in Massachusetts. I think
they are both dead, but, who knows ? And if
they should be alive and hear that I had ever
so much as thousht of introducing this de
mirep into their houses as my wite, what
would become of my hoDes 1 Farewell, for
ever, to tne succession i
Bo saying, the dirty little man put up his
banjo in the corner with a rueful face, and
taking out of his pocket a portrait of his ina
morata which he had clipped from the Police
Gazette, he looked at it long with wistful eves.
then gave a squirt expressive of having made
up bis mind to conceal his love a little longer,
ana turned into bed.
Tin Division of Rsrti-Who are Keipou.
1IUUI
Fi om the X. Y. Times.
me v ligima election is made the occasion
of much strong writing on the relations of the
two races, and the antagonism which has been
developed between them. The simple results
uf the coutest, so far as they are yet known,
are certainly startling. They exhibit a solid
mass of black voters on the sule of the Re ;on-
stiuction law, and an equally solid mass of
white voters in opposition to it; the former
controlling the polls and carrying the question
oi a convention by a mammy which demon
strates tho power of the colored people iu the
uovernment oi tne state.
The general result does not differ from that
winch had already been realized in Louisiaua
and Alabama. In each case the holding of a
convention has been determined by colored
voien. jsui while in Louisiana and Alabama
vue wunes virtually allowed the eleotlon to go
by delault, in Virginia they entered into the
content energetically, and with the confidence
nsrea victory Having their own camli
dates, and voting "no" to the preliminary re-
nnir-iitniiul s.f 41.,,. I n tt i . . .
, .if- ' wllu u lue advantages
ot intelligence and orean nation in f ii t.J.
In the two other State the policy of inaction
was tried; in Virginia the policy of electoral
resistance; wuu immediate consequences sub
stantially identical.
Tlie tactics runnel iu Virgin louver,
have more clearly revealed the division of
races that unhappily exists. The almost total
apatby evinced by llie whites in tne previous
elections left the negroes undisputed musters
of the situation. Little bad blood was gene
rated, simply because there was no struggle to
provoke it. Strict passive resistance neither
roused to anger the pride of the whites, nor
Stimulated to intemperance and insult the
strength of the blacks. On the other hand,
the intensity and comparative closeness of the
contest iu Virginia brought out tho passions
ot both parties, and converted the question of
lOiiveiition Into a question or supremacy, it
became less a question of reorganizing under
the law than of testing the respective decrees
of power, and settling the political ulaUi ot
the races. And since the upshot has been
inimical to the dominating desires of the
whites, and moie than satislactory iu rejir-i
to the pretensions of the blacks, we may
expt ct to have Virginia and its fate made tho
i iett xt for exciting appeals and bitter denuu-
lialion, as against the Congressional plan of
reconstruction. 1 he probability h that the
excitement and tho bitterness will be based on
a partial view of the facts.
lhe prober time for estimating the future of
the States alter reconstruction will not come
until the Conventions shall have entered upon
their work. The spirit aud purposes of the
negro element will best -be judged when the
majority of delegates have shown their temper
and indicated the ideas on which local govern
ment is to be reorganized. It is idle to specu
late much cn these subjects iu advance. For
though it is reported that in Virgiuia, as well
as iu Alabama and Louisiana, negroes have as
a rule elected radical delegates, it may not be
amiss to wait for evidence before assuming
that even negro radicalism means confisca
tion, wholesale proscription, or auarchy in
anv ff-rra.
That tne biacKS oi Virginia nave in this
election thown a lamentable alienation from
the whites, and in many localities have dis
played a disposition ill calculated to inspire
hope3 ot harmony ana peace, are circum
stances which seem tolerably well established.
Making allowance for partisan exaggeration
and the hate born of the slave system, it is
clear that incendiaries of the llunnicutt stamp
have been actively at work, and that a large
amount of mischief has been eitected through
their agency. They have labored to promote
lriitation, to excite jealousy aud antagonism,
and to inculcate demands to which Senator
Wade, with all his '-jumps forward," has not
attained, bo far as these men have exerted
influence, H has been in a direction at variance
with lhe order and welfare of society
Aud vet even for this unhappy sta'e of
things, the Southern whites must be hell to
suine extent responsible. Their attitude has
too generally leeii the reverse of conciliatory.
As a body they have never recoguiiwd the
privileges with which Congress has invested
the fieedmen, nor striven to promote the har
mony they profess to desire. Civil equality
they conceded reluctantly, and not seldom in
bad faith, and political equality they obsti
nately deny. Resisting reconstruction because
it confers the suffrage upon negroes, they
have themselves erected the barriers which
now block up the path of peace, and culti
vited the prejudices which threa'.en to culmi
nate in a conflict ot races. Ihey have done
nothing to in?pire confidence in their friend
lin-ss nothing to justify reliance upon their
cooperation in the organization and conduct of
governmi-nt on a lounaauon oi equality.
Their bearing, in Virginia especially, uas oeea
that of a superior race, entitled by the grace
ot color to rule in the Hvpublio; their tonn ana
tactics those of mn intent upon employing
the opportunities allorded by the law to defeat
one ot its most obvious ends
Take the Virginia election as an illustration
The blacks voted one way, the whites another.
Is that evidence that the blacks alone are pur
suing a course which points to the antagonism
of races ? The great majority of whites voted
primarily against a convention that is,
against reconstruction based upon political
equality; and, secondly, in tavor ot candidates
hostile to the newly acquired rights oi the
negroes. Is it surprising that the latter voted
solidly against their own degradation ana dis
franchisement, and in support of candidates
radically opposed to the old pro-slavery spirit f
And is it fair, when deprecating the tenden
cies of the time, to forget the unwise, illiberal,
and unjust proceedings of the whites, and to
remember only the folly and insolence of the
blacks ?
The case is not improved by occurrences
that have transpired since the election. The
Virginia press, incensed at the result, counsel
the adoption oi proscriptive measures oy
white land-owners and employers against
black laborers. A system of coercion is re
commended with "the view of driving as many
blacks as possible out of the State, and of pun
ishing with starvation those that remain." it
is proposed that white labor be encouraged by
bounties to migrate to the State, with the
two-fold object of supplanting the blacks as
laborers, and of strengthening the voting
power of the whites up to the point ot supre
macy. Despatches have announced the inau
guration ot this cruel ana suicidal poncy, ana
our Kichmoud corresponaence mrnisnes aaru
tional particulars on the subject. Aocording
to present appearances, a sort oi industrial
war is to be waged against the blacks, because
they dared to exercise the franchise they pos
sess without reference to the will of their em
ployers. If this madness be persisted in, will
it be difficult to fix the relative responsibility
of white and black for the hostility that may
exist between them r
The truth is that the Southern whites can
not too soon recognize the inevitable results
of the order of things growing out of the Re
bellion. They profess to acknowledge the
freedom of the blacks as an irreversible fact,
and thev will struccle in vain to escape its
political consequences. We are not surprised
at their aversion to the universal enfranchise
ment of millions who but yesterday were
slaves; but they will gain nothing by shuttiug
their eyes to its enactment or neglecting the
responsibilities it entails upon them. If they
would restore peace to their States, they will
seek to profit by the opportunities afforded by
the law. instead ot emrai: u? in a hopeless con
test to annul it. And if they would neutralize
the talk of the llnnnicutts. and arrest mo
aennrjitiim of lnnea t.lier will endeavor to con
ciliate the more intelligent and industrious of
the blacks, and to win their ooulldenoe ana w
operation, instead of hopelessly attempting to
drive and degrade them
Powers of Congress over Suffrage
.fYom the IVushinoton Chronicle.
, We have never doubted the right of Con
gress to pass a suffrage bill, because the power
was expressly claimed by Madison and other
advocates of the Constitution; and that instru
ment was assailed by its opponents because it
granted the power. We advocated the pis-
sage of such a ill by Congress beoause the
time had come when it was requisite for the
peace of the country that the dibcriminatiou-
growing out of the institution of slaver,
should cease; and it wan manifest that the
rcrrlo would wU!Lu::!r accept such act
when vn fait accompli precisely as thor had ac
cepted the emancipation of the negroes. Once
passed, it would have been recognized as au
acv oi simple justice, and acquiesced in as the
law of the land. It is only in the process of
achievement that just acts are difficult, when
accomplished, their very enemies applaud
them. iNor is Blownoss of ponular iidorH.
ment even in the agitation of reforms always
evidence of intrinsic unpopularity. There are
thousands ot people who are timid and appre
hensive of the effects of anythiug. however
just and simple, that may be stigmatized as an
innovation, lhese are willing enough to let
others bear the responsibility they shrink
from, and hence they loiter on the way or lean
to the conservative side in the midst of agi
tation. Congress ought to pass a universal suffrage
law as an act of justice to the people of the
country, and in vindication of the principles
of the Declaration of Independence. It has
the right under the guarantee clause to declare
mat no uovernment is republican in form
which makes color a disqualification for the
elective franchi-'e, and vacating so much of
the State laws as establishes such discrimina
tions. By the 2d section of article 1 of the
Constitution of the United States, it is pro
vided that the Representatives in Congress
shall be elected bit the veoiile, "and the electors
in each State shall have the qualifications re
quisite for electors of the most numerous
branch of the State Legislature;" and by sec
tion 4 of the same article, "the times, place,
and manner of holding elections for Senators
and Representatives tdiall be prescribed in
each State by the Legislature thereof, but the
Congress may at any time, by law, make or
alter tuch regulations, except as to the places
of choosing Senators."
Ihis power was violently assailed by the
enemies of the Constitution in the Virginia
Convention, aud was as earnestly contended
for by its friends. The latter claimed that it was
absolutely necessary for the perpetuity of the
Uovernment, because btate legislatures might
be inimical, and fail or refuse to provide for
the necessary elections, and the Government
thereby cease to have a representative body
In regard to the control of Congress over the
qualifications of voters, Madison said:
Some States might regulate the elections on
the principle of quality, and others might
regulate them otherwise. Should tlie
people of any State, by auy means, be deprived
ot the rlht of sulfrage, It was judged proper
that it shi uld be remeditu rjy the lieueral Uov
ernment. Iltne elections be regulated
nioneilv bv the State Legislatures, the Con-
grtfePloiinl control will very probably never be
exercised. This power nppeats to be Haliifuc-
tory, and unlikely to be utilised l;i any purl of
the Constitution." tLllt Licoults, vol, in. p,
317.
Because this power has never been exer
cised, or because some of the Northern States
have failed to do justice at the ballot-box, is
no valid reason why Congress shall not act
upon the power so expressly conferred by the
Constitution. In addition, however, to the
powers originally conferred upon Congress by
the Constitution, we have the power conferred
by the "d article of the 16ih amendment,
which, after providing that neither slavery
nor involuntary servitude 6hall hereafter
exist in the United States, empowers Congress
to enforce it by "appropriate legislation."
This, in addition to the general provision
authorizing Congress to make all law3 neces
sary lor carrying into ellect any powers
granted by the Constitution, certainly gives
the amplest authority to that body to do what
ever its discretion shall determine to be neoes
sary to secure republican governments and
popular liberty in the States. Andrew John
son, in his Urst annual message to congress,
said :
"In enRe of the usurpation of the Government
ot a Stale by one mail or an oligarchy, it be
comes the duty of the United States to make
good the guarantee to i hut Slate of a republican
lorm oi government."
lie did not include an aristocracy, nor define
what he meant by au oligarchy, neither did he
tell us upon which branch of the Government
the duty of determining the question fell.
This, however, has been settled by the Su
preme Court: to be Congress; audit is, there
fore, the sole judge ol the exigency requiring
its action and the remedy it may choose to
apply within the range of its powers. Upon
this point Chief Justice Story, speaking for the
Supreme Court, has said:
"The Constitution unavoidably dealt in gene-
rail anguage. It was not intended merely to
provide for the exigencies of a few y ears, but
was to endure through a long lapse of ages, the
events of which were locked up in the Inscruta
ble purposes ot Providence. Hence the Consti
tution leaves It to the legislative power from
time to time to adopt its own means to elleotu
ate legitimate objects." 1 Wheuton li,, 3i3;
Martin vs. Hunter.
From one of our Maine exchanges we clip
the following able argument upon this inte
resting topio by the Hon. I. Washburn, of that
State, a Representative in Congress, which
we commend to the careful perusal of our
readers:
BKGUL ATION OF THE SUFFRAGES.
To the Editor of the Press:
1 have not doubted for the last two years
that It was the duty of Congress to provide by
low that no Stale should, either by constitu
tional provision or otherwise, make any dis
tinctions In rtgurd to sufiVaue on the ground of
color, class, or race. Such a law mlgiH have
been paHseu at ine nrsi session oi iu xuirij.
JSintn Conyress over the veteof the President,
if the Republicans had been willing to support
if aud 11 this course had been taken, the ques-
. 1 - i .1 l I . .1 I u .. nH nil ..!..
tlOU WOUIU littVO UCCU v, uu aungun-
llon In regard to lis , settlement wouiu nave
r-oimeii before this time. It would nave noeu
settled for Kentucky aud Maryland as well a
for Ohio aud Connecticut; it would have been
settltd for all the States, aud for all t.mo.
Let it not l:e kriu luai sticu u uiw oi iuunna
would not, be ellectlve. A law ot Congress for
which there 1 ooustitHtlounl i.uihorlty i para
mount to Slate laws anu otaie uoiisuiuuoos.
The only question is, has Congress power under
the COUSllUlllOU Ml PUSS a UW irsiimimnoui-
hage in the Stales ? Tnat H has would s- em lo
be beyond que' lion. It would beas'raiiemn s
sion if the framers of the Consiitullon. tlie
organic law of a Uovernment fouuiied uiiim tne
consent of tho goveined, bad left with tlie
keveral States the power In the last resort to
overthrow that Uovernment by eslaoilshlng
couultious of sutliuge wnioh would change it to
an ollyaicliy. But mere Is no such otiusslo'i.
The danger ac-ovetueulioued was toreseeu ami
thoroughly guaided uguinst. because tne qut s
tlou of sulliiiKe lias been to the present tune
practically left to the States and they have iu
some instances prescribed ruhsand m;ido regu
lations which were not In conformity to tlie
Coi s'ilullon, no urtfuunnt cau lie adduced
UL-auibt lhe rlsbtful authority of Congress lo
revise such rules and regulai Ions, or muku othei s
iu substitution therelor whenever in Its dis
cieliontheie is found to be ocoaslou for the
exercise of this power. While ll may have been
expected Hint the power of regulating the suf
frage would ordinarily be exercised by the
Slate, 11 is certain that the right lo control tlie
diates in ihis regard in other words, the ulil
mule nutborlty In reference to suffrage, whs
vetoed lu Conyreis. If it had not been, the right
of ulsi-olulloii or seotsslon would, as before
HUUgested, have been left with eaoti State.
The coiislllutlouul provisions bearing upon
this question art) principally those:
"1. An. 4, Hi e. i. I li Uulieil hlHiea shall guarantee
to every btule In t IiIh Uuion a repulillcuu lorm uf gov
ernment, mid uliull protect unc.h ol theui avaiust lov
hluu; aiKl c u application of tho LKlala'.ure or of the
Kxeculive (when lliu Leg mature cauuot baoou veiled),
MiiitiiHtf1cmiHe violence.
II Art 1. Bee, X The House of RepreneatattrM
nhull'lie coiiloeU ol members choneii every neuotid
i.u iii iiennle ot lhe bevuial bllf: and ilia
inriois Iu each blate shall have the quailtlcalloui
make or eUeraucb reulatloua, except as to the places
Irvmitbiie fur the electors oi llie most uuuieroiwbraauu
;i4n, Klute Legislature. . .
I "-. . . . a 1 hi. Ll iikc.fi. maoen. and mmnur Af
1 hokhiiif fclei-liune lor Henalors aud llupreaenailvea
I :hHli i1H Diencrlbt'ii iu eui u niaie uy uie ieKiHiaiure
7 f? the Ooimrms nmy at any time by law
I
1
MV3
r,hl: LAliCBST AND BEVi STOCK OF
F I U OLD RYE VMI I 3 K I C 8
IN THE LiND IS IsOW TOi-HSl D BY
II E IS 11 Y S, H ANK I S & CO.,
Ncs. 213 aud 220 SOUTH F0KT SIR'EKT,
wimerrn iiirai! ii te tbaik in loik vi ki uivitrTtKroii
TEhJII,
Tfaelt Stck of Hje W liUalee, 1JI BONO, eo,n...i all the favorltt bra4a
Haul, kbd iiibi through ' varlova moalbi of 1 ,'66, aird of this year, p la
Iiteent rial.
I.llrral i-nutrarti watte for lot to arrive ft tlj Ivanla Hellroad Depetl
i rrlcitoa Ma W liaif, or I'OBded Warehouse!, partlee majr elect.
"III. Art. 1. C ertiiln
rntlll. llifRA lir,l I'm
on powers having hren enumo
follow In X"C. 'To make all
law Moli Mian lie neresnary ami nrouer for c .trryhut
Into rxecui Ion the hirpi,i,i? powers, ami all nilur
pi worn vestiMi hy i his I'oiisiluuion In the MovernntiMit
of the United Slates, or lu auy department or olllcur
thereof.' "
It will be seen that Oomrresg has the power
to pass laws necmsary and proper to carry Into
execution any power vested by the Constitution
in the Government of the United Slates.
Among the Powers thus vested Is that of secur
lnjj a republican form of government lo the
several Slates, and also that of providing that
members of Congress shall be chosen by the
uojleot the several Stales. Whenever, by a
Slate law, menibf rs of Congress are chosen by a
portion or class of the people by white people
only, or black ptopio only; by muu of tue
Anglo-Saxon race only, or those only of the
Celtic or any other race It Is the .duty ol Cou
ttress to exercise the power with whlcli it has
been clothed, for tho purpose of preventing
such a violation of the fundamental principles
of the Ooverument.
My views upou section 4, article 4, are
brlt tly expressed in the following passages
from Mr. Washburn's address delivered before
the Uovernment aud people of this oily on tho
4th of July. 1805:
' If the negro Is, as these facts clearly show he In, a
citizen, he Is undoubtedly entitled lo the privileges,
riKhis, and lmiimuliles ot a citizen, anil none the loss
for lhe reason that his ancestors were Africans, or
Ihal his skin is dark. Anniun these, perhaps, none Is
more obvious and vital tuau the elective frauchlse.
To exclude an adult freeman , bora upon the soil anil
u nacn sod of crime, from the ballot on acount ot his
complexion, Is to violate the Iiiiidanieiitnl principles
of ihls (lovernment. and to contravene the clear In
tent ot the Constitution: for, although there are citi
zens, as women aud children tor example, who do not
exercise the rl li I ol t-ullrage, their exclusion Is based
upon no auti-republlciiu distinction, as race, color,
profei sion, rel uious faith, and the like. The Consti
tution, iu ilecliirlnir that 'the United Stales snail
puiiraiilee to every citate In the Union a republican
foimnf KOVernmenl.'aUlrius and secures the pi actlcal
observance of lie djctrlue of the Declaration of
Independence, that 'governments derive their Just
powers Irom the ctmsrnt if Die governed,' Can thai be
s-'id lo be a republican form of K ivernmeiit which re
pudiates this oorm.d principle of American republi
canism, which, ins'ead of lea v inn lhe rlUt to govern
with tlie people, ordains that it shall be excreted by
a part only ol lhe people by men of blue eyes, or yel
low hair, or white skins only; by clernymen, or law
yers, or merchants; by meu of Saxon U scent, cr
Celtic, and no oihers? Is thai a republican form of
government one restlnit upon the consent ot tlie
governed In which all Jews, or Catholics, or Presby
terians, all naturalized foreigners or cjlored native
born citizens, shall have no voice? Would It not be
clearly the government Of a cante, class, or race In
other words, an urislocnicy, and just that false and
hateful think which ibe Government has been fight
ing against these four years ?
It a stale shou'il persist in maintaining a constitu
tion which in a vital respect was auti-Kepublican,
tbat excluded loyal and good citizens iroui theexei
che of the right of sullVae upon grounds of caste or
ci lor merely, or should transfer political power from
the majority to the minority, to a few families, to a
directory or dictatorship, the emergency would arise
In which intervention would become the iujmediale
duty of the United States."
Kegardlug sections 2 and 4, article 1, above
cllcd, I cannot d t better than quote from a re
cent number of the Mew York Tribune:
"J'r. Madison, In the Virginia Convention, ex
plained thin lo mean Ibat while 11 was deemed de
sirable ibat each state should In the first instance
regulate the right ol suffrage of ItHell, yet to prevent
the right trom being granted or deuiod in such a
manner as would endauger the safety and perpetuity
ol the Federal Uovernment, it was deemed advisable
to invest Congress wlib the ultimate or appellate
power to alter or amend the regulations ot the Slate
respecting suffrage as might be found ebseutlal to the
national weltare. lie admitted, iu response lo a
question addressed to him by Mr. Jefferson, that this
clause weuld give Congress lhe power even to pans
a national uuiloi m suh'rage law, but atlirmed lhal
such a p'iwer might be necessary lo preserve the very
existence of the Uovernment. Mr. Trumbull
Is not on'y silent upon the authority in qus loa, but
upon the clause of the Constitution on which Mr.
M. disun based his cous'rucllon. In taking the posi
tion that 'a republ can government does not depend
upon the number r people who participate in the
primary election of Kepresentatives.' we suppose Mr.
Trumbull would be understood lo argue tnat the ques
tion whether a gov rnmeut la republican or not ones
not depend upon the number of people who are made
voters. But this assertion. If true, proves too much.
We might nairow lhe suffrage to one man. as is prac
tically done in all at solute despotisms, and yet this
would be a republic. KM. PUB . ICA.N."
National Banks and Stat Taxation
Proin the W. Y. World.
In determining what course of action the
public good requires to be pursued in respect
to banks organized under the National Bank
ng law of 1804, it is proper to consider the
act that nearly all of these institutions have
evaded (perhaps avoided would be more cor
ed) paying State taxes, either upon the
capital slock or upon the shares held by share
owners. We have already explained the distinction
which the Supreme Court has laid down in
lespect to taxation between the capital or pro
erty of a bank and its shares. The latter
re to be regarded as personal property,
choses in possession, and iu this light it makes
no dilTeience as to taxatiou that -the capital
of the bank has been invested, in Federal
bonds, which by law are exempt from State
taxation. It is perfectly clear that a share
holder in a national bank is not owner of the
bonds upon which the operations of the bank
are based. If he contributes money to the
bank, and takes therefor certificates of shares
in the corporation, and with that money the
bank purchases bonds which are deposited In
the Treasury at Washington as basis for notes
issued to the bank, then the banks, and not
the share-owner, owns the bonds. The share
owner could not be made to pay, under the
Internal Iteveuue law, an income tax upon the
interest of thone bonds paid or allowed to the
bank. The same would be true if the share
owner, instead of paying money to the bank,
had depOBited bonds, for then the latter would
pass out of his owuership into the ownership
of the corporation.
It will be remembered that the second pro
viso of the 41st Eection of the Nationul Bank
ing act is these words;
"The tax so imposed, under the laws of a,ny
State, upon the shares of the associations autho
rized by tliis act, shall not exceed the rate im
posed upon the shares of auy of the banks
oiganized under the authority of the State
where such association is located."
In running through the legislation of the
different States iu respect to State taxation of
the national bunks, the fact that the banks
and the share-owners therein have, in nearly
every instance, been able to escape the tax is
significant and important. The State of New
York, when, in March, 18G5, it directed that
all shares held by inhabitants of the State
should be included in the valuation of their
personal property, and liable to Uxation, did
not provide that the tax imposed should not
exceed the rate imposed upon the shares of
any of the State banks; and, furthermore, this
legislation did not provide for taxiog shares
in the State banks at all, although there was
a tax levied on the capital of 'such bauks.
The Supreme Court said this was not a com
pliance with the National Hank act, and there
fore the shareholders of the national bauks
1 ejeaped,
WMZ8t;
In Illinois, the banks of that State were by
the State taxed upon their capital stock and
euiplus funds, and there was no provision
(specifically taxing the shares. So the Supreme
Court of the United States held that the share
owners in the national banks were not liable
to taxation in Illinois.
In Indiana the State levies taxes on its own
banks upon their paid-up capital, aud does not
tax tho shareholders upon the value of their
shares. So, again, iu Indiana the share
owners in tie natioual banks avoided Slate
taxation.
In New Hampshire the Supreme Court has
decided that the share-owners in national
banks cannot be taxed by the State.
In Ohio, banks chartered by the State are
taxed upon their capital stock aud undivided
prohts. There is no provision of the State
law taxing shares in State banks by name.
In April, 18(i.r, the State Legislature passed
a law which requires "all shares of stock
in any mvional bank located within the
State to be listed for taxation, and taxed
in the city or county in which the bank is
located." Thus, in Ohio, the share-owner of
the national bank escaped bearing his propor
tion of the expense of carrying on the State
(iovernment.
There are many other States which, uuder
their existing laws, cannot tax shares in Na
tional banks. This inability of State taxatiou
springs, however, more from the defect of form
than substance, and can be remedied in either
of two ways: First, by the dill'ereut States so
altering the tax laws as to conform (if pos
sible) to the requirements of the 41st section
of the National Banking law; secondly, by a
modincation of that section by Congress. The
fict, however, remains that the share-owners
in these rational Banks have avoided all kinds
of State taxation.
In some of the New England States share
owners in these national banks have rid them
selves of State taxation by raising legal
points upon that portion of the proviso in the
iorty-lirst section which declares that sbare3
in these bank3 may be included in the per
sonal property of any person "in the assess
ment of taxes imposed by or under State
authority, at the place where such bank is
located, and not elsewhere." The Supreme
Courts of New Hampshire and Maine have
held that share-owners in national banks
cannot be taxed on the shares in those States,
because the State laws provide that a person
shall be taxed on his personal property in the
place where he resides, and not where such
personal property is situated. The Supreme
Court in Massachusetts, where the State law
in respect to place of taxation. is the same, ha3
decided the other way, and held that there is
no such inconsistency in this particular be
tween the tax laws of these States and the
National Banking act. Mr. Justice Hoar, in
delivering the opinion of the Court in Massa
chusetts, taid that "the true construction of
the proviso (to the National Banking act) does
not confine the assessment of the tax to the
place where the bank is located, but merely
requires that the tax, to be valid, must be
imposed under the State authority existing at
the place where it is thus located."
The Supreme Court of Maine, on the con
trary, says:
"The law of Congress creating natioual ban118'
and authorizing the s bares in a bank lo b,a
taxed in the city or town where it la locat?d
requires that all such taxes shall be applied foc
the use and benefit of such city or towa,
although assessed In part or shares owned la
some other city or town. The assessment and
taxation of such shares, In any plaoe other than
that where the back is located, would be a clear
violation cf the act of Congress, and an act of
the Slate Legislature, authorizing; any aucti
'axes, wbeu collected, to be paid by the city or
town where the bank Is to that where the share
holder resh'es, would be an attempt to do In
directly what cannot be done directly."
Ab it would not seem practicable for the city
of Portland, for example, to levy and collect
taxes on shares in a national bank in that city
owned by a person residing in Chicago, this
decision would practically enable a share
owner residing out of the State to esoape all
taxation whatever on his shares.
. In what we have said in the present article
we have not intended now to cast censure
upon tlie technicality of the national legisla
tion upon this subject, but simply to call at
tention to the fact that the share-owners in
these banking institutions escaped State taxa
tion, and to the other fact that bo many of
the States have endeavored in vain to make
these profitable investments contribute to the
relief of the burdens which so seriously oppress
all other kinds of property, and so cruelly
weigh down the laboring classes in every State .
LOCKING- CLAGOEG
OP TUB
EEST F RE Mil PLATE,
In Every Stylo of Frames,
ON HAND OR MADE TO ORDKH.
NEW ART GALLERY,
F. DO LAND & CO.,
10 a lmwfuip JVo. 014 AltCH Btract.
QEOFCE PLOWMAN.
OARPJ INTER AND jHJJIiDKH,
UKMOVl'aJ
To No. 1U1 DOCK Htreot,