Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1870-08-11


Of whatever color or race, and whether
male or female, Of age or homage, tax
payer. pauper, or convicr.felon. IL newly
clothed with right 10 vote which shall
not be denied or abridged on account Of
race, color, or previous condition Of SER
vitude : or the negative ground must be
taken, that the amendment confers no
right 10 vote that II merely prohibits the
United States and every Of the States
from denying or abridging that right TO
vote which was previously vested In each
bcdy of electors by their State Ccnstitu-
ton .on secount Of race, color etc.
II any construction or Interpretation
lii matters not what II may be-the ef-
feet of this amendment Is to confer right
upon citizens ofthe United States to vote,
right to vote which they previously had
not. <Such right to vote il a ,cyolly ner
right : il is the right of an persor= born
or naturalized in the United States and
subject to the jurisdiction thereof. to votc:'
not the right to vote which was preri-
o,sly '.sef bv each State Constitution in
the electors of the State: and a. this ner
right is conferred 6v the Constitution of
the United States. and not qualified, limi-
ted or restricted thereby. il follows. a Of
course. that as the common. equal aud un-
iversal right OF the new body of electors
composed of all persons born or natural
lied within the jurisdiction Of the United
States it cannot be limited. denied or
abridged, unless in view and pursuance of
the new amendment bv which it is crea-
ted !; anything in the Constitution or laws
Of any State to the contrary notwithstand-
ing
.. II was formerly observed that bv
many, if not all of thc State Constitutions.
citizens Of the United States, being other
iris" YuaiiGed as required by those consti-
tu:ions, are admitted to the body of elec-
tors in each State not. indeed, by Fed
eral. 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
T." United States, but in the character
aud capacity 81 j.rs"ns possessing The re-
gujSi. ym''f.'i"n> But # the amend
mrnt refers Ia theS". it hoes not invest any
man with any new right: il merely pro-
hiLit> the States and the 'nitcl States
from DENYING or abridging their vested
ri.ht hv future restrictions, on account Of
race. color, etc
" The questions, he it observed, is not
Of 'negro-v"ting. but Of voting bv au-
thoritv nf the Federal instead of the State
Constitution.
" But why, it may be asked, prohibit
h" f"ited .>totes from DENYING or abrid g.
ing the right on account Of race. color.
etc? Not shadow Of power hal ever
passed I" them, or to any department of
the Federal government. to DENY. abridse.
or i'll anv way effect the right to vote
The implication iS.-if any be allowable
aS effccting an alienation Of the essential
sovereignty of the people OF State
that the United States now may. hv furth-
rr and new provisions, deny or ahridgc the
right IN ony oshsr account; if by their
representatives. then that 'onyr.ss NAV
deny or abridgc it on any other account :
as for instance: on account of previous
connection with particular political par
" or movement. The implication is the
san,r in relation to any State Not that
any State may NOR deny or abridge the
right by virtue Of provisions Of its Con-
stitution pr.rio">ig existing For if any
'ncr right results (Which Is the only thing
in question:, it is given by the new amend
mcut to oU such citizens of the United
States. rs did not and could not possess it
hy virtue Of that Constitution; a n,,c po-
iti"H r"uiHi"HitV or Nat. is created and
, established. whose right to Weld the par
amount sovereignty i everywhere tn"
same. determined and prescribed, not a<
here toforc the right # the people Of the
State has been, hut hv the general Con-
>tituti"n # all; and the right of this new
body or State cannot tc limited hv refer
encc t. that which did MT create it. ex-
crpt hv new provisions III view and rur-
suancr If the implied permission since
only thus can :bc right be limited hv Il
different authority cNtrancous to the grant
Perhaps it is asked. what would be the
difference between new amendments Of the
State Constitution. and existing provis-
ions OF those constitutions. affecting the
new right: The difference would BE-
great ; that while the former would de-
signe,iIy atfcc, the right. the latter could
not; the existing provisions. if construed
to affect the ncs right. would bc constru-
cd to effect ami object. and effect a
purpose. which they never could have
contemplated. aud to which they origi-
nally were and are Vet strangers. Such
A construction wauld NEGATIVE the first