New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-08-03
CAN THE SOUTHERN STATES DLSFRANCHISg
THEIR BLACKS UNDER THE XIVA
1MENDHENTf ..H.


THEIR BLACKS UNDER THE XIVa
1t is generally but somewhat specifically "a.
sumed that one effect of the XIyth Amend.
ment is to place the power of the Southern
States to disfranchise the blacks beyond and
above the control of the Federal Government
and to vest the control over the Suffrage
question moro exclusively in the States than
ever. Such conclusion is at least open to
question The second clause does indeed clearly
provide that when the right to vote for Fed
eral or State officers is denied or in any way
abridged" by the State to any portion of It's
adult male citizens on account of color, its rep
resentation in Congress shall be reduced. This
comedies the right of each Southern State to
prescribe who shall vote and to exclude blacks,
but this right every State had always exercised
under that clause of the Constitution which
provides that the qualifications of voters for
Federal officers shall be the same as those
prescribed by the several States for electors Of
the most numerous branch of the State Legs-
lature and in the clause which provides that
"the times, places and manner OF holding
ELECTIONS for Senators and Representatives
"shall be prescribed in each State by the Legis-7
"lature thereof InIthis respect, therefore, tho
XIVth Amendment only recognizes the control
of each State over the Suffrage question to the
same extent as it previously existed. But the
clause last above quoted is still TO be rendered
consistent with the provision that Con-
gress may at any time, by law, make or alter
such regulations wiz, as to the time place,
and manner of holding elections for Senator'S
and Representatives. -" except as to the place Of
Choosing Senator's This clause was held BY
Madison the author, and by other trainers OF
the Constitution, to make the admitted power
of the States to regulate the suffrage subordi-
nate to the higher power of Congress to make
or alter the State regulations Opinion has
been divided on the question whether
Madison was right /; but whatever the merits OF
the question were before the amendment was
passed, they remain the same. The amend
ment cannot any mere plainly recognize the
power of the State in the first instance to pre-
scribe Suffrage laws, and to confer and with
hold the ballot, whether accoTdngeto any dis
tinction of color or race, or otherwise, than the
same right was recognized prior to the amend
ment. Nobody disputes the original control Of
the States oyer the suffrage. But the amend
ment leaves intact that section OF Congress
which gives an appellate and final control
over the legislation of the States in this regard
to Congress. Meanwhile, the first section OF
the amendment makes the whole colored race
citizens of the United States and this Of It.
self forms reason why Congress should not
and doubtless would not permit them to con.
tinue DISTINGUISHED by any State. The amend-
ment provides indeed that if they shall be dis
franchised, the representation of the State shall
be reduced, even though the State so enacts and
Congress assents 10 its action. But the assent
of Congress is still necessary, OIL the State can
not disfranchise its citizens.