XV. Amendment which says "the right of citizens to vote shall not be denied or abridged," assuming the right to exist, not saying that the right hereafter shall exist and shall not be abridged; but the right now existing by fair intendment shall not be abridged, he replied "that I deduced this right by an inference," and he thought a right of this kind ought not to stand on mere inference. His argument for the opposite construction, that the right to vote may be abridged for any other cause than those enumerated in the amendment, is drawn only by an inference from it. The affirmative language is that the right shall not be abridged for certain causes; and then by an inference the Senator says it may be abridged for others. In other words, his argument is that I am not at liberty to infer from the Constitution of the United States rights for women or rights for mankind. I shall not extend it by inference in favor of freedom, but any inference which will limit its operation, which will destroy or curtail its meaning, is legitimate.
Mr. Merrimon: What clause of the Constitution does the Senator assert creates the right?
Mr. Sargent: The first section of the XV. Amendment declares that the right of citizens of the United States to vote shall not be denied or abridged—speaking of it as an affirmative right; not speaking of it as here established but as a right which of course must have been established by the XIV. Amendment.
Now, sir, to show that I do not strain the interpretation of the Constitution, I desire to refer to some few authorities even under the old Constitution which go very far to answer the authority that the Senator cited. Bushrod Washington, a member of the United States Supreme Court, and well known as a jurist of high attainments and great powers of mind, in the case of Corfield vs. Coryell declared what I shall read, which is approvingly cited by Kent, the master writer upon American law, in the second volume of his Commentaries:
It was declared in Corfield vs. Coryell that the privileges and immunities conceded by the Constitution of the United States to citizens in the several States were to be confined to those which were in their nature fundamental, and belonged of right to the citizens of all free governments. Such are the rights of protection of life and liberty, and to acquire and enjoy property, and to pay no higher impositions than other citizens, and to pass through or reside in the State at pleasure, and to enjoy the elective franchise according to the regulations of the laws of the State.
Those, according to the decision in Corfield vs. Coryell, cited approvingly by Chancellor Kent, are the rights and immunities of citizens of the United States. Then comes in the XIV. Amendment to the Constitution of the United States, which declares that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States," and further, that "no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States."
Now, sir, I quote from Bouvier's Law Dictionary, under the title "citizen." He gives what the word means, first in English law, and then he comes down to American law:
One who, under the Constitution and laws of the United States, has a right to vote for Representatives in Congress and other public officers, and who is qualified to fill offices in the gift of the people.
