Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-01-28

4Ac1G ID b0N JIG 1OC1eAOA OIAOAC III
House now to be considered, ard that j,
wiIlwe submit the question as to the ele,
tive franchise of the colored man to th
people with the balance Of the ConstitU
ton. or will we submit it separate. 1t
not whether or not we will let the colore'
man vote. If the latter question was be
fore the house, the matter would be dli
ferent. We have the last TO vote on afte
this is settled. am not willing TO admit
nor do believe the Fourteenth Amend
ment fixes the elective franchise for tbs
States, as some of this Convention argue
for; if that was SO, the Fifteenth Amend
ment would be repetition and nulllty. -
the third section of the Fourteenth Amend
ment would be an inconsistency, for 1t &C
knowledges that this amendment does no
make every citizen of the United States
a voter in the States, because i
says representation in Congress vii
be lessened according to the
abridgment of voters. Again, in the ole
Constitution, article ", section 2, the
= 1ame language is used that Is usedln the trst
section of the Fourteenth Amendment, and
what has been the construction put upon
the second section Of the fourth article
Why. it is not that the States should make
every citizen of the United States a voter,
but that the States should protect every
citizen of the United States in life, liberty
and property, in contradistinctiOn TO aliens;
for the object of the trainers Of the Con-
stitution of the United States was to mark
a distinction between citizens and for
eigners. The slaves, before the Fourteenth
Amendment, were not regarded as citizens F;
hence were not regarded as entitled to the
same privileges as white people in holding
property or enjoying liberty. So, as 1 IN
derstand the Fourteenth Amendment, its
object was to place the cOlored man on the
same footing as citizens of the United
States, in protection of life, liberty and
property-thereby making them citizens Of
the United States, and marking the same
distinction between the cOlOred man and
aliens that existed before between white
citizens and aliens. If this view Is not
correct, then what is the consequence
Why the rights Of the States to say who
shall or shall not vote or hold Office is a
fOregone conclusion, and no State can pre-
vent any citizen Of the United States from
voting in any case whatever. Therefore
every State in this Union has been viola
ting the Constitution of the United States
from its origin to the present time. Is not
every woman citizen of the United States
and entitled to the protection and priv
ileges granted in article " and section
Of the United States Constitution? Does
not nearly every State in this Union have a
property qualification? Are not those
who have no right to vote in these States
because Of want Of sufficient property,
citizens of the United States, and entitled
30 protection under the said fourth article
IN life, liberty, and property? Yet they are
not voters. Has not large number Of the
States in the Union an intellectual qualih-
cation, and those that cannot read and
write are not allowed to vote? Yet, is not
this class entitled TO protection under said
last article as citizens Of the United States
If the Fourteenth Amendment settles the
question as to voters. then certainly, by
parity of reasoning, the second section of
the fourth article certainly settled the
question as TO white persons and the fra
mers of the Constitution, and all the Su-
preme Courts since. and all constitutional
lawyers, and all the States have been IN the
dark, and this Convention has just brought
the dawn of constitutional light upon
past acts and opinions of the legal lights
of the world. The word citizen is not
synonymous with voter, for person may
be p citizen and not voter. If this view
IS not correct. then no State can say man
shall not vote. unless he has paid his poll
taxes, nor can they or any of them fix any
restriction at all and can no longer say any
thing about who shall or who shall not vote
for it is a fixed fact Now, | understand
the fifteenth Amendment does fI the vote,
as to race. color, or previous condition
of Servltude. Now If my construction is
not correct, and the Fifteenth Amendment
is passed, then no restriction can be put
upon any citizen as to his vote at all, and
the State can no longer have any right as
to voters. It is this difficulty that the
view some take on this question throws
the State into And I am not willing to
acknowledge that any, or all Of these
amendments. or the Constitution itself
was intended. or Is broad enough to take
all the rights from the States, to say who
shall or shall not vote. If these
amendments had this effect, then no
State could say a man should be twenty
five years old, before lie should vote, or
that he should pay all his taxes, or that he
should pay his poll taxes, or that he
should have n certain amount Of property,
or fix any other qualification ON voters at
all Every citizen Of the United States
would be entitled TO the elective franchise,
and the rights of tho States as to this sub
iect would cease TO exist. Even admitting
the Fifteenth Amendment was passed, and
a part Of the Constitution Of the United
States, still it only prevents the States
from making any distinction as to voters,
on account Of race, color or former servI-
tude. Yet State may make a qualification
as to voters that applies equally to all
races Of people This is the reason why
am not willing to agree with those who
are arguing the majority report on this
floor; for | am not willing to give up any
right except those actually taken from Us
bv tho Constitution Of the United States,
foE do not think this Government Is a
consolidated one There are some rights
vet left to the States. and ] want 70 con-
tend f0r those left Then. as matter of
law. before the Fifteenth Amendment
passes, I do not think we are bound TO
allow the cOlorel man a vote. If 80 then
as o matter of law. all that were IN the
Confederate Army or sympathisers with 1t
would be deprived of aAeUte. and the very
object for which this Convention has met
here is defeated. Then LET us-as represen-
tatives Of our people and persons swOrue
20 support the Constitution Of the
United States for our words to our
people are as binding upon Us As our oaths
to support the said ConstitutIon-view
jtis question in It's trueHght, which is this,
That as a matter of law we are not bound 10
"lfranchlse the colOred man; but as a mat
ter Of Justice 10 the ColOred man, may do
so. and as a matter Of law are not bound to
leave the DISTINGUISHED man in distran-
chise3 condition, but may eufranchise him
rs a matter Of right and justice, inherited
from our fathers, who purchased this
Government with their blood and made
the laws for the protection Of their child
rem in all their vested rights for all time to
come. Is this not right and just, both as
70 the white and colored races Iaqpeal
20 the sober judgment of every man. and,
deeper still appeal to his conscience.
Further. IN discussing tins question
an not willing 20 go az far as some dis
ouSsing in support Of the minority report.
do not think propositions by two-third:
Of Congress to amend the Constitution
must have the signature or sanction of the
President before they arc presented to the
States for ratification, for two-thirds Of
Congress can pass any law, resolution OF
proposition over the veto power; hence,
II would he absurd t. present PROPOSE.
ton of this character to the President
nor is it necessary that any amendment
when ratified 10y tireo-fourths Of the States
shall receive the signature or sanction q
the President to make it valid OF binding
And the very clause giving the power t
amend the Constitution shows tina
the Trainers dill not intend The
Presidents signature. because It II
the Fundamental law when sanctioned b.
threc-fourths of the State, and part Of th