The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1869-05-01

The legislatures Of inostof the states Of the
Union have held sessions since congress passed
The so-called fifteenth amendment, and thus
far 20 states are said to, have ratified it. To
make it part Of the constitution it must be
ratified by seven more states. yThese states IL
is thought will, be obtained when Virginia,
Mississippi and Texas are reconstructed. This,
is on the assumption that none Of the states
that have already ratified the amendment shall
withdraw such ratification, IA point on which
there is certainly reason for grave spprehen-
sion in New York, Pennsylvania, Illinois, and
various other states, that have always, on a
tair submission of the question of negro stuff
rage to the people, voted overwhelmingly
against it. q I" ~-s-~AA t'i-ssA.AS E..'
But assuming that the amendment will be
adopted, what Is III As finally passed by
both houses of congress, it is couched in the
following words: n ~
"The rights of citizens of the United States
to vote shall not be denied or abridged by the
United States or any State on account Of race.
color, or previous condition of ,servitude."
Who are citizens Of the United States 2"
Previously to the submission of this 10Th
amendment, congress had submitted, and now
claims that it has been ratified by the requi-
site number of states, the l4th amendment, in
these words:
All persons born or naturalized in the United
States and subject to the jurisdiction thereof are
citizena Of the United States and Of the State
wherein they reside. No State shall make or en-.
force any law which shall abridge the privileges
or immunities of citizens Of the United Etates :,
nor shall any State deprive any person Of life,
liberty or property without due process Of law,
nor deny to any persen within its jurisdiction
This certainly is broad enough. 1t makes
citizens of all persons "born or naturalized in
the United States" It includes males and
females; it includes negroes mulattoes, Chi
nese, Hindoos and Indians-everybody born
or naturalized in the United States.
Is it the intention of the amendment that
all these shall votea Why nots They are
certainly Citizens under article l4th. IA
The amendment secures to them the s'rightr
to vote. The rights Of citizens of the
United States are common to all. This is a
nation of equal rights No one class of citi-
zens can have rights from which other classes
are debarred. Certain citizens may have pri-
vileges not posed by others. The Judge is
privileged" from arrest while ON the bench.
Privilege" says Bouvier, sis certain special
perogative to same person, contrary to COM
mon right" Suffrage, as heretofore conferred
ard exercised in this country, being confined
to males, or white males over the age of 81
years. was then strictly privilege
thing contrary to common right. Hereafter,
in the whole United States, suffrage is made a
right, the exercise Of which is not to be denied
OF abridged to any 'scitlzen."
But does the word citizen really include
women and children? Bouvicr's law diction-
larry says, "under the word citizen are included
Fall white persons (white is abolished BY Art.
II born in the Q. s. and naturalizsd persons
born out Of the same, who have not lost their
right as such. This includes men, women
and children" yaa9 SO
II the amendment does not propose to make
voting common "right," but intends to use
the word right in the sense Of "privilegs,n
then what becomes Of the poor darheys in
Kentucky, Illinois, Rhode Island, SC. They
have not had any such privilege conferred
upon them, and it is not privilege until con.
ferred. The privileges and immunitiesp al.
ready granted cannot be abridged, but those
who have not the privilege when the amend
meht is adopted, how are they to get it, The
amendment makes no pretenss Of comforting
privileges. 1t conters nothing. 1t provides
that the rights Of citizens to vote shall not be
denied; but they who have not the franchise
the prlvilege-have not the right to vote
and the right must exist before it can be de.
MED or abridged. There can be no other ra-
tional Interpretation for If the clause shall be
construed as command to the states to per
init all citizens to vote at elections, the cleo
tive franchise, as privilege, disappears alto
gether; and ''all persons born Or naturalized
in the United States and subject to the juris-
diction thereof" women, children ard Indians,
becomes voters under its provisions.
But if this view is not correct, and the effect
OF the proposed amendment is to endow the
negroes with the elective franchise the orris-
sioa OF the words "and hold Office" will make
no difference whatever. The right to hold
Office is eXceDt In cases whara thovo IA q aroc;ol