Newspaper Page Text
Notes on tle Constitution of the li iltcd
nY D. B. 3i'(R3!i
AnTICLF. an. NM
'son shl i oreh a
'not ha at w to tw
"five years, and been seven years a citi
"zen >f the United S. ates,.an,d who shall
"not, when elected, bel iA itilhitant of
,%haL State in whie"WsMli be-ttnst.m
There are three poinfH in thti4
%worthy of consideration. 1. Thq ag
of the representative. This ,securea t
ofice against novices. A man nust be
a man for a' that which the positiont;e,
quires of him. 2. Hfis citizenship. * A
residence of seven years is supposed $q
identify a citizen of the United States
with the welfare of the States. 3. His
habitation in the State electing hilh.
Mark the distinction between "citize"
and "inhabitant." The first enjoys the
immunities, the privileges and the free
dom of the whole Unin. But th;seo
9nd, in addition to all these, enjoys pe
culiar rights in his native or ad6pted
State ; rid by his State is meant that
one in which the representative has,
holds or keeps himself. So while the
"citizen"may have the interosts of the
whole Union at heart, the "inhabitant'
-has particularly at heart the interests of
his own State.
There is evidently a marked distine
tion sustained iii this clause between-a
General Government and a State Gov.
C.Ausy 3d. "Represnintatives and
"direct taxes shall be apportioned
uniong the several States which may
"'oe included within this Union, accord
''ing to their respective numbers, which
"shall be determined by ad iing to the
'-whole number of free person.,includin
"those bound to service for a term of
--years. and excluding Iudian's not tax.
"ed, three fifths of all other persons,"
As this cla'se is quito long, and the
remaining portion of it specifies how,
and upon what, such "apportionnient,C
shall be based, only the substance will
The first enumeration was to be made
three years after the first meetipg of
Congress under this .Constitution, and
"within every subsequent term of ten
years." This is why the census is taken
every decade. This clause also assigns
each State its quota of representation
for those first three years.
Our forefathers in framing a Constitu.
tion were particular to make representa
tion and taxation proportional. One of
the stern charges in the imiiurt'al ecla.
ration was "for imposing taxes on. us
without our consent."
Observe the classes of persons em
braced in the enumeration. "All free
persons," all persons "bound to service
for a term of years, and "three fifths of
all other persons." Te only excluded
clase being untaxed indians. This
clause of our Constitution presents a
strange anomaly. Do not forget, that
four mont/- woro taken up in beilding
up that grand old charter of liberty.'
And no part of it shows more plamnly
the antagonistic principles at play in its
formation than this clause taken in con
neetion with another subseqIuent one
which will he noticed in proper order
Helre is a body of wise men who had
scaroely recovered from the effects of
the scorching flames of wvar, and that
war.fought upon the principle of f.ill
and equal rights to every man represe'n
tated in Government. "No represe'nta
tion, no taxation," was the .war.cry.
Should not the rule work both ways ?
"No teaxation, no representation." But
hero three-fourthis of two classes are
represented in Government, and yet nto
direct demands are made upon them for
its support. Bid as will appear ?n the
sequel, this .sLfAipgd featr* was a em
promise between Wje qdvocates and the
opponents of slavery.'
But it is in this clause that we gathier
the i:6)orL of the rights of *citikeriabip.
Only tlhose, embraced in the first .class
are citiwenis, ?hat Is &ll "free persons."
It is here too that we fmnd how glar
ingly unoonstit;utional the Civil Riqhte
Bill in~ on, of its roat,ta. Tha Bil
wlich is now a liaw so fr as the Legisa.
make i states
person I n the etod
¬ 0ub o n ig
ow uding ln~ no ar
er d red ti lei
Muld tl'e R;tdicajsof ~one to
wori fi-it t& I
________ __ ___ tti-9- - tA
this third clat of ts e t rjitle,nd
niorgoj hir aiu9fd Pumt. the- dechk
raop,., e,A had that
alveindrent biunrdtifid Iyyna constitu.
tiona'nia,int1ty dWtlre' ates, then
the' Wayikuld bl 6 bWen_ cear for le
reepd 1 s 9Y4, ill the Civil
But it docs not suit -tht p(xrpcces 'of
the Radienii to govFii constittitionalry.
Ultt. pro rosive, raingant,.and fanatic,
they chate .riud fret, punde the Jbit of
C.onstilional conserv ittism. I
U tj ,Tu.. "Whei:vacancies hap
"pelk io. the LIepresentdtion from anv
"State,tip Exeotitive Anthority ther.
"of shall iteue writs of election to fill
It will boobserved that in this clafise
there is both -A "power" dek-gated to
the United Stat < and a ."right" reserv
ed by each particular State.
The power given to t.he General
GovarntMent is the order of 'the Execu.
tive of a State to have fl!ed any vacal
cy accord1g to its own organie laws.
CA-,.tusim 5-ri. "The Honse of Repre.
"seitltives!ishall choose their Speaker
"4and1l other oflicers,; and .shall have the
"sole power of impeachment."
This olauise gives the House of Rep.
resentatives the hrmless power of per
rect.ing its owin orgainizatioin. But there
i another powler grpnted .,that body in
it,.,which can be wielded to the detri.
ment of good -govArnmeAt; -if the majori
ty be men giverned by asion and pro
judiee, ratlher tIan by eason. Even
now ter .are indications of mal-goverit
mIent under the provision of this very
vlaue. W hat was faintly whiApered in
those Halls once, is nor (April 16,)
boldly and itr 'npulon'. threatened
by al inflitated delegotion. and that is
the iupipeliment of Pre4ident Johnson.
Si.criox 3. Clauso Ist. "The Sente
"Of the Vnitel States shall be composed
"of two Senatori from each State, chos.
"en by the Legislature thereof, for six
"years ; aid,, ea;h .Senator shall have
This' clause cast the Senate of the
United States, assigns to each State its
gqiota of Senators. flor what time, and
lastly what shall he the weight of every
Senator in Voting.
In the old Uniol under the articles of.
,!onfeder-ition each State miht have
t wo or as manyI as- seven delegates in
Cog)ess, but altoether had but one
vote.lt e Seikate io howe'ver, al
though but : wo Seiitors from each
St4te is adllitted, yet each one has a
While W-e have a reguarly appor.
tioned representation of thm popular
Sovereignty iii the House of Reprosen
tives, we have in the Senate a clearly
defiaued representation of' State Sove r
Lignty. And these distinctions are kept
"p rpiegh the wvhole Constitution.
B'ut;a flttig occasion will present it
selfr elsewhere to'disenes these points.
diore ekperience, ino'r&la1domn more
Elti( rhiation are 'ne6deF1;~i d t,e benato
thtn in the flohuse, lence'$onators are
continued in office, si. -years. They as
the gue.rdians of State hovereignty pr.
vent:eidroachmeiit uimon it by thio Rep.
pesenWti,ys who are. the. guardians of
lioputlar sove'-eignty,-and vice verae.
And both,.tokether form one of the thiree
great guardians~ of United Sovdreignty,
the ot'hers being th Executive anfl the
Sir" Isaac Tewton 's .sephew was a
clergymatn. gn~q he had Rerformed
the marniage cereqouy he always re.fieed
thn fee, saying:. 'Go your ways, poor
wretches, I hasve done yog niimblof
The prin,ter is thie rigster ofa)l tra 1ps.
He beats 'the egrpentkr w.,ti.tb his r,4o;
a~d the mason in setting up columsi.;
he surp,asy tl;9 Jeaw.yerm initending. to
mat)nemei or hocdepfl...
rogy- r110ng, April 6, 1866.
P,~ Sit~, DERs. i the
e dr this paper-in ( e esto1j,
Read the beautiful!'nes sent us by a
fri'd who hits before livbred "us with
Wkfbtions to grace our columns.
The sword was appealed to, to decide
the question, and by the decision of the
sword 1. am willing to abide. .14mon
Hon, A. . Stephens testintony before
the laconslruction Comittee.
the President's speeh which we pub.
lish to day is very unpalatable to
the Republican majority of Congress.
It is a direet appeal from the judgment
of Congress to the people, and it places
his poliey in a strong light.
4hore is the Chester-Standard?
We miss te 8tand(ardit among our
Against the United States used to be
dAnned by the Constit ution, but now it
is doinned by thw hot-headed Radicals in
The Day of Sorrow.
To dayI has been set apart, and will
be duly observed in many places, as tIhe
alnivor-ary of the Confederate Dead.
What a flood of solemn associationis
overwhelm our hearts
The Civil Rights Low Nullified.
Attorney-General WAT.ACE, of Ten.
nessee, emplhatically declares that he
will neither obey nor respect a.law so
palpably violative of the rights of each
State to legislate on all subjects of a
A Nut for the School Boys jnlod Girls.
The amateurs in syntax may criticise
and correct tie following sentence
which comes from a Western paper
"A cow was struck by lightning and
killed, beloniging to tie village physi
cian, who had a beautiful calf four days
The Pence Proclaniation-Its true Inter.
It is dilficult, to arrive at trath in this
fast age. We are told that the ProL
mation eat s thi, and means that.
But if it be true that., as reported now,
Judge UNDEnwOOD's decision has been
referred to Gov,ornment, and its dei.
,iion has been given as reported,' then
there can be no doubt that where r
the rebellion is declared to be over,
there the writ ofhabeas corpus is no long.
It Is Impossible.
The Raleigh 8tandard advises the
South "to be patient-to stand by the
President. and-to look to the Congress
withi respect and confidence."
Our contenmporary's advice in regard
to the President meets with a hearty re.
sponso from the wvholo South ; but as
for looking to Congress with respect . and
confidence we assure it that such is im.
possible. That body which has tram
piled rough-shod over the Constitution
and which tmesuros the constitutionali
t.y of all its acts by its ahility to pass
them in spite of truth, . justice and the
Constitution--to look with respect and
contidence to .tht fragment of the
Uit.ed States Congress. assuming toa be
the Cotigress of the .whole United
States ! Never. But we ill tell you
where we will look te with, respect and
confidence, broJiet' Stanzdard. It is to
the balloL-box of' the North. We have
no confidonce in a Copgress that assumes
to have the will of two-thirds of its mem.
bors for a Constitution.
In Important Decision.
A case of considerable importance to
bankers and dealers in Government se.
enirities has been decided by the Treasu.
ry De artmient. Tho case is as followsa:
The 'Iradera' -National flank of Chica.
go some teonths qgo purchased from
another .bainking institution.a *1.000
Ten-Forty l>pnd, which was sent to
Washiingtonwith othner bonds, as a basis
for circulatin; buht nn its arrival there
for which at caratlt Iii- lien fil. by
the person from whorn it had been stolen,
oi tip ground that iis stolen property he I
wase'tiled to it wverevei fomal.
Thi c#A ha4 eii under advizemnt,
several mn anths, nd has at List hootn
decided in favor of the Traders' Bank
by the Government passing t he bolld to
the credit of that iist.itiiction, am0 itil isu d
a registered bond therolor. This dei
sion nitkes th(e dvaliig in Governineit
Seenritiesa mueh saetr buisiness, as iL A
fords protection to innocent, paIrlies
Now we would hke to know who ii
the more "innocein" party, the Tradeis'
Bank which buyi tho stolen bond, or
the pany in Ohio who had tOw bond
stolen front himin. What is the u.e or
the force of a car(at, if tie niadvanitages
accruing to its filer serves no more Imr.
pose than the above case shows ?
We exract the following from =
Washington correspondeiev of the A.
judge Way: v, o)f the Sueiorm rt
is now otn his way to ho(ll courts in Sm)Ilthl
Carolina and Georgia. This is alenhi
ted to have a goal clect, nil wvould
Seem to iniply Ilat the Slurone Court
were* lis.-;posed to give full (elect , tle
President's proclation ol'ce
The evidence which ie Wir Depirt
i1MLt live in tiwir lhnhis concen11inl.r
H1on. Jv11'k-rxon Davis' complicity w%ilI
the assassinaion is being exaiinid by
a coMImitive of' Congkes. I havo i n
id,a that. Lher is anyi" tstim(Pnv to 1 his
efTect. Blit wheni a cl i: u:nde fir a
particuilar kind of vvinco, :tilvhiInc1i 1 t par.
ties fiiuishing .NpIeCt. to ieap prolil i: i4
very upt. to be Fort.hcoming. Th,. indi.
cations ar, however, that. M. Davis
will be tried for trvasonl, at, :a coipara
tively early dy, l>fori br tn d Uniw'd
States Circit. Court, at Richmond. 'Thi,
trini will be one oftie celebrated causes
[ion 'in a Nuws.]j
Dead List of ('OMpANy 11," 7th . V.
Battalio n ,
(Col. J. 'I Riion's oNd Cinpany.)
COMsIMs rlo E ) OrFicul:a,.
Capt . L Keniv:y--D
Licit 11l laboll-D W
. 1i"t Klnledy-f) W
"6 - --Doughta.4---D WV
211 Scrgl 8 11 D>uke-D
th OC'E Gadidil D...
Abbott, D-K 111loy. AA-_D
llail', J .\ A ) -- h ui-ADiD ;%
Barker, T Mv-1) il'ovc.ilvv. 1- 1)
Bliz.z1rd. E J--- K'4 K
IIIai1, 0 1,-) x C-I)
!loe3.y, T J---D j.V%:o1. W-I)
irowu, W C-1) V J
Castles. C : -0D Pry -
Christinas, T i--K i - -1.) %.
Cor!i, J. :.I- D rl0, fE -
'to n,( , JrI'.-tph.. ---_
Co.b.y. N---! W RS . A--K
Crosby, R-D W T.oyeiii C.-K
Ea11stor., E--) ISlllsl, 1D 1
Fanyi. 3 J-D . t-t
liar-rison, J1 E--.I. 11h uas v -
IIarvey. W. A-K l'ripp, A.-K
fingood, G W-K Waits, A--D IV
l6agood, .1-1) IV Wilsoli, J-D)
00dl, j . I")
Current r of Evr ---
TI;o Su'Ao 'ui- lini e, I.I. A) --- aio
The Garisons h ta.eirui, d ---D
Yorkilte Unin, ison.., J----DsviIe
Llood,s J .-- uennul 9nas w ''i
isarprti'( lre0 EMilit )p. tuni
Gogia hs appotpratedi $20o be bro
ar and e-ego hera ares'n reg.tess inoth
TCe C.u Clain ian,wby F.r n. teon laie,
iT publised bwothtin Conbiasand char.
alThe porrisouts havto bUnic removes.o
YokiE'clleUi on, Kigsree aieintsile,
Lurenil, Car uen andh Lancs erTerei
iareortn toa Jude Sbliary' Detarte,
21,0 egres choave risepote In the~
CTho entw Olnos. fNe Yr
ciy lar ig is burbc,aime at458,38.
flk Va,ia nuer8ence8 ofrte ativriot
and murde03 rs. ooge-..durain
tero ompanry tox nte legraphre bre
20370( Exceshu, 119,97 Ormarriv27,n049
Eumbia,Stud at,8, whereI~ he20 willtrem,
TE 4"G A P11 IC
Nt:w Yon, A pril 25.--Tlv. steain
"1A.rizonia," fron Aspinwalil, la's arrivel.
Sho brings 8420,000 in ipecio.
A terrible disaster occurred lt Aspin.
will on the 3d. There was a fearf,,
(xploson mn hoard the steamship "Eit
rop-an," d-stroying the ship nd fou
IIndred feet of WIarf. The cause is
siippom,ed to be from Nitrogdycerin! o11
board. Abotit fifty persons wen- killed,
amion"g IIthem the captain and officers of
Teli ntews from the southern coast, by
the ".\ rizona," gives little hope of the
s-edy Ittleent of the Peruvian,
iiian and Spa'hi,l (Iestion.
No :i tempt AIs been made by the
Spana aiDIto t ake posesionl of Chinlc.as.
WVASI rIoTO, A pril 20.-Si-xr.
The senati passed tho bill amendatory
of thr. /leu111s corpts act. This grantits
immniit.y to army oflicers fo'r acts corn
Imitted in aid of the suppression of the
rebellion, ind vxempts them from li)ili
y Io ci vil courIs Ior such acts. DuirinDig
the disculi$Sion of the above bill, Mr.
S;misbur,y remarked that. if he were
j i2e he would pay no attentiol to i!,
bievin-g it to be iuconsittiltional, which
IeI to som sharp personial languiage be
Swenii that. sonator atnd Mr. Clark, who
said, in the course of his remark4, tha
sin1ce lie sI pirit, of lie rebtIlton l id crepit
ini the venate there was more necezsity
for the passag. of the bill. The persaul
discutssion was of some length.
I tst:.-Tlie house was engaged in
tIh hirther consideration of tile arity
pt:.xe est abiliAlititent bill.
Futrher froi llexico.
N:v Yoimt, A pril 20.- Passengtrs
who lift Sim Francisco on the 30th unhi
inn, give further pairticulars of the colli
sion hwween the Liberials and French
The P"rew-h troops marcheid ont of
tIe City to give tie Liberas -battle.
The i.lihing wnas vi-ry sevvr(!--n,ris
oners bvinlg takenl onl 0it.her side. Ofli.
cers ill conditimml of the French wer(y
k:il-d. Tle lait :idvices froIl the Seat
of wa-, r Ita e int reinforcements were en
route for Ie e French itt IMazatlan.
The military svituat ion at Acapulco re
The U. S. ginboat Siranie was lying
in the harbor oni the 6th instant.
TotnXTo. A pril 20.-The Fenian
pri'onprs at Cornwall wem remanded till
Wednesday week, awaiting important
A special dispatch to tihe Globe from
Plasi port, MP., says that Gen. Meade
atOnnouiIces his dotermination to line the
coast wit hI fifty thousand men, if Ieces
sar) , to prev'ent. the Fonians from doing
The meeting of parliament is post
potned until June.
The Receipts of Revenne,
WVastiIIoToN, April 20.-The re
eei pts from customs, internal revenue
and moiscellaneouis sources for the present
fiscal year will be over five hundred
millionas dollars, or nearly one hundred
and useventy-ono nmillions and a' half
more thtan those of the previous year.
Wonit TRYINo.- It is said that
hiog's lird is the best thing to give to
hienit to make thenm lay. Mix it with~
their feed-a small piece as .big as a
walniut will set a hen to laying imamedi
ately aifter shte has been broken,ntp fronm
her seotting--..and thuis hens lay through
lihe wvhole winter. Will so-me try the
experiment, and then repiort the samne.
* f[American Ihrmer.
CoNTErTo.--I never loveil those
Salanmatnders titat are never well hns
when they are in the fire ofeontentio.
I will rather sufhr a thousand wrongs
titan return one; I will sunfer many ere
I will eQmplaiin of otne. and endleavor to,
right it by contendling. I have ever
found that to strive with my superior 1.4
futile'; with my eqnal, doubt ful; with my
inferior, sordid and base; with at,v, full
of tnnnitnoa...- .an.p IIul.