except upon compensation. Chief Justice Chase was of the opinion that the above quoted provision of the XIV. Amendment could be sustained only upon the ground that the XIII. Amendment wiped out everything, contracts as well as slavery. Yet the Court held all such contracts to be valid. And see, in this connection, the case of Wilkinson vs. Leland, 2d Peters, 657. It is idle to say that these suppositions are visionary. What has happened once, may occur again. It can hardly be questioned that if in 1860 the seceding States could have pointed to a decision of the Supreme Court of the United States such as this, the whole face of affairs might have been different, and the "erring sisters" permitted to "go in peace"! The "lost cause" may not be "lost," after all.
But to resume: The Court tells us in its opinion in this case, that "there can not be a Nation without a people," but it seems there may be a Nation without voters! Now the people of the United States may not have a very profound knowledge of their institutions, but their intelligence certainly rises to the level of comprehending that a republican government can not be established or maintained without voters. It would be a manifest absurdity to say that in a government created by the people, they are not voters. Inasmuch, then, as it is admitted by the Court, if the right of suffrage be a privilege of the citizen of the United States, that the State Constitution and laws confining it to men are in violation of the Constitution of the United States and, consequently, void; as contended for by the plaintiff in this case, we have really only to examine this single point: Does the Constitution of the United States recognize the right of suffrage as belonging to its citizens?
Future generations will look with astonishment at the fact that such a question could be asked seriously. Not only was the subject debated in the convention that framed the instrument, but one of its ablest members, Alexander Hamilton, in the fifty-second number of the Federalist, says:
The definition of the right of suffrage is very justly regarded as a fundamental article of republican government. It was incumbent on the convention, therefore, to define and establish this right in the Constitution. To have left it open for the occasional regulation of the Congress, would have been improper for the reason just mentioned. To have submitted it to the legislative discretion of the States, would have been improper for the same reason; and for the additional reason, that it would have rendered too dependent on the State Governments that branch of the Federal Government which ought to be dependent on the people alone. To have reduced the different qualifications in the different States to one uniform rule, would probably have been as dissatisfactory to some of the States as it would have been difficult to the convention. The provision made by the convention appears, therefore, to be the best that lay within their option. It must be satisfactory to every State; because it is conformable to the standard already established, or which may be established by the State itself. It will be safe to the United States; because, being fixed by the State Constitutions, it is not alterable by the State Governments, and it can not be feared that the people of the States will alter this part of their constitutions in such a manner as to abridge the rights secured to them by the Federal Constitution.
Again, in the XV. Amendment, suffrage is recognized as an existing right of Federal citizenship. It is not created by that Amendment. It was already existing. The language is:
The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude.
