The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1866-07-21
NEGRO SUFFRAGE.
The first section of the amendment

n
Is in these words:
All persons born or naturalized In
fhe United States, and subject to the
Jurisdiction thereof, are citizens of
the United States and of the State
wherein they reside. No State shall
make or enforce any law which shall
abridge the privileges or immunities
of citizens Of the United States; nor
shall any State deprive any person of
life, liberty or property without due
process of law, nor deny to any person
within its jurisdiction the equal pro-
lection of its laws.
The first clause of the section de-
elares who shall be citizens of the
United States, but does not add to
their privileges or immunities as citi-
Gems. 1t gives no right, power or priv
ilege to citizens of the United States
which they have not always possessed.
The first part of the second clause
prohibits any State from making or
enforcing law which shall abridge
the privileges or immunities OF cltl-
Gems of the United States, as such,
though they may not be the citizens OF
any State, have certain great prlylle-
ges or immunities, which are. not to
Be abridged or interfered with by the
laws of any State. This has been
done heretofore in many cases, where
by great wrongs were inflicted; and
hence the necessity of this provision.
The second part of the clause de-
clares that no State shall deprive any
person of life, liberty or property
without due process of law, nor deny
to any person within its jurisdiction
the equal protection of the laws.
By this it is intended to throw the
equal protection of the law around
every person who may be within the
jurisdiction of any State, whether citi-
zen or alien, and without regard to
condition or residence, not only as to
life and liberty, but as to property.
1t has happened in times past that
several of the Southern States dis
eliminated against the citizens of
other States by withholding the pro-
lection of the laws for life and liberty,
and denying to them the ordinary
remedies in the courts for the vindi-
cation of their civil rights, and hence
the adoption of this provision. ai
But it is now being desperately ar
gued, to redeem a desperate cause,
that the first section Of the amend
ment confers the right of suffrage
upon negroes in Indiana and every
other State. / confess my astonish-
ment that any respectable lawyer who
has the slightest regard for his legal
reputation should be willing TO com
NIT himself to such a proposition, and
argue against the clear meaning of the
English language, and the manifest
spirit and purport of the amendment,
They might as well try to extract ne
gro suffrage from the Ninth COM
mandment, which says, ''Thou shalt.
not bear false witness against thy
neighbor," and in fact / commend
these gentlemen to the particular
study of that commandment.
1t is one of the most fragrant and
impudent attempts to practice fraud
upon the public mind of which / have
any knowledge, and should be held
up to general execration and con-
tempt. And so shameless is it, that
Judge Perkins, in communication
published only last week, in referring
to this subject, used the following
language:
Mcdonald seeks to run the cam
paign on the proposition that the pro-
posed Amendment to the Constitu-
ton confers negro suffrage, but that
Is plainly false proposition, and one
on which defeat must of course result.
The proposed amendment does not
confer negro suffrage.
Whether he correctly represents
Mr.. Mcdonald I am unable to say, as
I am not familiar with his speeches;
but it is very certain that he justly
denonnces the shallow pretense that
this section confers negro suffrage
1t is as well settled as any other
proposition connected with constitu-
tional law, that a person may be cit
izen of the United States, and yet no
citizen of any State. The man of for
eign birth may be naturalized by the
courts, and thus. be made a citizen of
the United States, although he is not
a citizen of any State; and native
born person may lose his residence
and citizenship in one State, and a
long time fail to acquire them in any
other; but during that time he is un-
questionably citizen of the United
States. .5.ssg,s @.~..c IS
+, As to what constitutes citizenship
in State, depends upon its Constitu-
ton and laws. The conditions are
different in different States.
~e 1t is from the first part of the sec
ond clause of the section which says,
THAT no State shall make or enforce
any law which shall abridge the privi-
leges or immunities of citizens of the
United States, = that it is pretended to
extract negro suffrage. Now if the
right of suffrage is privilege or i'm
munity belonging to citizens of the
United States as such, then these
gentlemen, are right, but if, on the
other hand, the right of suffrage is
conferred, regulated, bestowed OF
withheld. by the several States, then