the United States of a certain age, etc., the right to vote, if he pays a tax of $1 a year, etc., although he may not own real estate. No man or party has ever questioned the right of the people of Rhode Island and of every other State to establish such a constitution of government as maybe agreeable to their views of the public welfare in that State, although its provision as to suffrage may not conform to the opinions of other States. At the time when this constitution of Rhode Island was adopted the right to regulate the qualifications of voters belonged exclusively to the respective States. The petition under consideration fully recognizes this, but it raises the question (although studiously framed in such a manner as not to declare or insist upon such a conclusion) whether, by the XIV. and XV. Amendments to the Constitution of the United States, natives of foreign countries who have become citizens of the United States are not entitled to vote in Rhode Island, without regard to the qualifications imposed by her Constitution?
The committee is unanimously of the opinion that this question must be answered in the negative.
The "privileges and immunities of citizens of the United States" mentioned in the petition as secured by the XIV. Amendment do not include the right of suffrage. If they did, the right must necessarily exist in all citizens of the United States from the mere fact of citizenship, without the power in any State or in Congress to abridge the same in any degree; and in such case, therefore, no qualification of any kind could be imposed, and all persons (being citizens), males and females, infants, lunatics, and criminals, without respect to age, length of residence, or any other thing, would be entitled to participate directly in all elections. Every provision in every State which experience has proved to be essential to security and good order in society would thereby be overthrown. It is enough to say that the rights secured by this amendment to the constitution are of an altogether different character. The XV. Amendment does apply to rights of suffrage, and to those only. By it the State of Rhode Island, in common with every other State, is forbidden to deny or abridge the right of citizens of the United States "to vote on account of race, color, or previous condition of servitude." But, plainly, the constitution of Rhode Island does not preclude any citizen from voting on either or any of the grounds thus prohibited. No fact of race, or color, or previous servitude prevents any citizen from voting in Rhode Island. Neither of these qualities depends in any degree upon the place of his nativity. This seems too obvious to need discussion. It is also a fact, appearing in the public records of Congress and doubtless known to the petitioners, that when the XV. Amendment was under consideration by Congress it was proposed to embrace in it a prohibition of any denial of suffrage, on account of "nativity," and that this proposition was not agreed to, for the reason that Congress did not think it expedient to restrict the ancient powers of the States in these respects any further than appeared to be absolutely needful to secure to the whole people the great results of the overthrow of the rebellion.
The committee is therefore of opinion that there is nothing in the provisions of the constitution of Rhode Island referred to in conflict with the Constitution of the United States.
Whether these provisions are wise or right in themselves is a matter over which neither the committee nor Congress has any control. That subject belongs to the people of Rhode Island, who it must be presumed will correct any and all errors that may from time to time be found to exist in her internal affairs.Mr. Merrimon.—I think the Senator from Nevada will be unable to answer that position.
Mr. Carpenter (Mr. Ingalls in the chair.)—Mr. President———
Mr. Edmunds.—Before the Senator from Wisconsin proceeds with his remarks, I should like to ask the chairman of the committee whether he means to include Indians and Canadians? The language is "every inhabitant of the United States."
Mr. Sargent.—No, it is qualified further, as the Senator will see if the whole section is read.
Mr. Edmunds.—Not as to the first election.