Page:History of Woman Suffrage Volume 2.djvu/588

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History of Woman Suffrage.

authority that he cites. But it will be observed that by the XIV. article, section 1, it is provided that—

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

And then it says:

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens,

Covering the whole broad ground. Whatever may be the privileges and immunities of citizens are covered and protected by this clause. This is subsequent to the article commented on there and changes the spirit of the old Constitution, is inconsistent with it, repeals it, or modifies it pro tanto; or else there would be no object in the adoption of the XIV. article.

Mr. Merrimon.—I was just coming to the discussion of that Amendment. The XIV. Amendment applies to civil rights. As I have shown, a citizen merely by virtue of citizenship does not enjoy political rights; neither the right to vote nor the right to hold office. The manifest object and purpose of the XIV. Amendment was to secure to all the American people equality of right in the States, equality of right under the United States, civilly, not politically; and that is made more manifest when we consider the second section of the XIV. Amendment. It is in these words:

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Thus it appears the amendments recognized the right of the State itself to regulate the political right to vote. The XV. article of Amendment still further confirms my view. It provides that "the right of citizens of the United States to vote"—and that word "vote" is material there—"the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State." Note what follows: "On account of race, color, or previous condition of servitude." The right of a citizen of the United States in the first place to vote shall not be abridged on account of three considerations, to-wit: race, color, or previous condition of servitude. Why was it limited to those three causes? Manifestly because the framers of this article saw that Congress had the power to abridge the rights of the colored race—indeed, any race—in the matter of voting and in the matter of holding office as well. Can it be contended that the United States would not have the power to-day to provide that a negro or an Indian or a Chinese or a Mongolian, if naturalized, and a citizen, should not hold office under the United States Government? It is plain they would have such power. But they can not act upon the ground of race, color, or previous condition as to the matter of voting, and the restriction is to that alone. This clause provides expressly that as to voting the right of no human being shall be abridged because of his race, or his color, or his previous condition of servi-