Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1870-08-11

49, N1AN - ~
eral, sovereign aud indepenpent po-
.LticaL communities, and which leach
as the tpeopIe of a State, inyested
with the character and qualifications
OF electors or voters by virtue Of their
sovereign body or State) originally
and severally- formed our several
State constitutions, and separately
and severally sassented to, ratiGed,'
and so ordained and established our
Federal constitution. Secondly, TEE
several bodies Of citizens, which are the
several States rs separate ciU1 COM
munities; each of which bodies is sub
.jeet to the government and entitled to
the protection of the political state to
which 1t belongs, but has no voice or
share In thegovernment, State or Fed
eral. Thirdly, The a6h0Je body of cfti-
ICES of the United States, this body be-
ing the ciUH community of the United.
States, made up ofhthe citizens of each
State as entitled TO all privileges and
immunities OF citizens in the several
States,' and being subject TO the Fed
eral government, and entitled to its.
protection, within the sphere of its
constitutional action, but possessing
no sort of political power, no voice in
the government of a State or of the
United States, and having no political
duties to perform and no political
rights to enjoy. msu
by the Fourteenth Amendment,
All persons born or n~aturalized in.
the United States, and subject to the
Jurisdiction thereof, are citizens of the.
United States.' 'An PERSONS men,
women and children, of all races,
colors, sexes and conditions. Now.
no one ever imagined that these had
a right 'tO Vote.' Yet, the new
amendment says, the right of citi-
zens of the United States to vote shall
not be denied or abridged etc. Read
it as We will, one oftwOgrounds must
be taken; either that the amendment
confers a wholly new right, a right
to vote upon Citizens of the United
States as such; in which case, any
and every citizen of the United States,
of whatever color or race, and whether
male or female, Of age or homage,
a x-payer, pauper or cOnvict-felOn, is
ne~wly-clothed with a right 'tO vOte,'
which shall not be denied or abridged
on account of race, color or previous
condition of ~servitude;' or the mega
tive ground must be taken that the
amendment confers no right TO vote;
that it merely prohibits the United
States, and every one of the States,
from denying or abridging that right
to vote which vas previously vested
in each bOdyof electors by their State
Constitution, Oh account of race,
COLOR etc.
"If any construction or interpreted
tion-it matters not what it may be-
the effect of this amendment is to
confer a right upon citizens of the
United States to vote, a right to
vote which they previously had not.
right it is the right of all persons
born or naturalized in the United
States and subject to the jurisdiction
thereof, to vote;" not the right to vote
which was previously rested by each
State Constitution In the electors of
the State; and as this ne,o right is con
ferred by the Constitution of the
United States, and not qualified, linn
tied or restricted thereby, it follows,
as of course, that as the common,
equal and universal right of the new
body of electors composed of sail
persons born or naturalized within the
Jurisdiction of the United States it
cannot be limited, denied or abridged,
unless in view and pursuance of the
new amendment by which created;
anything in the Constitution or laws
of any State to the contrary notwith-
Stondinn j
at was formerly observed that by
many, if not all of the State constitute
tions, citizens of the United States,
being otherwise qualified as required
by those constitutions, are admitted
to the body of electors in each State;
not, indeed, by Federal, but by State
authority; and not as a matter of duty
to admit, or Of right to be admitted,
but of grace merely, and not in the
character or capacity Of citizens of the
United States, but in the character
and capacity of persons possessing the
requisite qualifications. But If the
amendment refers to these, it does not
invest any man with any new right;
it merely prohibits the States and the
United States from denyingO or abridg-
ing their vested right by future
restrictions, on account of race, color,
etc.
"The question, be it observed, is
not of NEGRO voting but of voting by
authority of the Federal instead of the
State Constitution.
"But why, it may be asked, pro-
hibit the United States from denying
or abridging the right on account of
race, color, ETC.? Not a shadow of
power had ever passed to them, or to
any department of the Federal gov
eminent, to deny, abridge, or in any
way effect the right to vote. The inn
~plication is-if any be allowable rs eff
ieeting an alienation of the essential
sovereignty of the people of a State
that the United States 0 may, by
further and new provisions, deny or
abridge the right Oh any other nc
count; ifby their representatives, then
that Congress may deny or abridge it
OH any other account; as for Instances:
on account of any previous connection
with a particular political party or
movement. The implication is the
same in relation TO any State
Not that any State may H0W
deny or abridge the right
by virtue of provisions of its
Constitution previously existing. For
if any near right results (Which is the
only thing in question:, it is given by
the new amendment to all such citi-
zens of the United States as did not
and could not possess it by virtue of
that Constitution; a neO political COM
miHity or State is created and eStab-
lisbed, whose right to WELD the para
mount sovereignty is everywhere the
same, determined and prescribed, not
as heretofore the right of the people
of the State has been, but by the gen.
eral Constitution of all; and the right
of this new body or State cannot be
limited by reference to that which did
not create it, except by new provi-
sions in view and pursuance of the i'm
piled permission, since only thus can
the right be limited by a different
authority extraneous to the grant.
Perhaps it is asked, what would be
the difference between new amend
ments of the State Constitutions, and
existing provisions Of those Constitu-
tons, affecting the new right? The
difference would be great; that while
the former would designedIy affect the
right, the latter could not; the exist
ing provisions, if construed to affect
the nelO right, would be construed to
effect an object, and effect a purpose,
which they never could have content
plated, and to which they originally
were and are yet strangers. Such a
construction would negative the first
principles of construction. The de-
cision of this point, however, be the
decision what it may, cannot effect
the position, that il any right 'to vote
results from the new amendment,
which was not previously vested by
the State Constitution, q aei0 poIiticdI
community is created. This deserve
our special attention.
u ," Prior to this amendment, 'the
right 10 vote, including the right to
be elected to public Office, was exclu-