, 1870-05-30
THE RHODE ISLAND PROPERTY
QUALIFICATION,
Report on The Subject by tho Senate
Judiciary Committee.

WASHINGTON, May 20.
Tie Committee on the Judiciary, 10 which
was referred the petition OF citizens OF Rhode
Island, setting forth the fourteenth and fl
ton Of the United States, and stating that tho
State Of Rhode Island, notwithstanding tho
provisions OF the above-n2med an,end-
ments, persists IN and by the first section
Of Article second Of tie constitution OF said
State in denying and abridging the right Of
about II, 600 citizens Of the United States to
vote st any and all elections holden in said
such appropriate Legislation as may be found
neceesaIy 10 obtain for and TO secure to tho
citizens Of the United States resident in
Rhode Island all tho rights, privileges, and
in,nunities guaranteed to them By the Coast'-
43, tutio9 Of @ the ~, United I'd c.!.,,; States, re-,
lhode Island, adopted in 1912, prescntos
alternative classes Of qualification foI
voting Tho frat gives to all malo citizens Of
the United States OF q certain age and sex the
right to roto il they own real estate OF the
5ulue Of 5134, or which shall rent for 81 per
annum. The second gives to every male M
tive citizen OF tho United States Of certain
age and ee1 the rig ut to vote il he pays a ta1
II 81 year, &C., although he may not own
zeal estate. No man or party has ever ques-
toned the right Of the people OF Rhode Island
and Of every other State to establish such
agreeable to their views Of public
welfare in that State, although its
provisions as to suffrage may not conform to
the opinions Of citizens of other States. At the
time when tho Constitution of Rhode Island
WAS adopted the right to regulate tile qualin-
cations OF voters belonged exclusively 10 the
respective States. Tho petition under con-
sileration fully recognized this, but it raises
the question, although BtudiouBly framed in
such manner as not to declare or insist upon
such conclusion, whetber, by the Fourteenth
aud Fifteenth Amendments to the Constitu-
ton OF the United States, natives Of
foreign countries who have become citizens
vote in Rhode Island, without regard to the
qualifications imposed by her constitution.
Ihe committee is unanimously Of tho opinion
that this question must be answered IN the
negative. The privileges and immunitlea OF
citizens Of the United States, menhonedia the
petition as secured By the Fourteenth amend.
nent, do not include the night Of suffrage. II
they did, the right must necessarily exist in
all citizens Of ths United States from the
mere fact Of citizenship, within the power
in any State or in Congress to abrilga tne
same N any degree, and in such case, there
fore, no qualification OF any kind could
be imposed; and al persons being citizens
men and woman, infants, lunatics, and crimi-
nails, without respect to age, length Of resi-
dence, OF anv other thing-wnu1d be entitled
TO participate directly in al elections. Every
provision in every State which experience h1s
proved to be essential to security and good Or
der in society, would thereby be overthrown-
It is enough to say that the rghts secured by
this amendment to the constitution are OF IN
altogether different character. The Fifteenth
Amendment does apply to rights Of suffrage,
and to them only. BY it the State OF Rhode
Island, in common with every other
State, is forbidden to deny or abridge the
right OF citizens Of the United States to vote
on account Of race, color, or previous condition
Of eervitude. But plainly the Constitution Of
Rhode Island does not preclude any citizen
thus prohibited. No fact Of race, color, or
previous condition Of servitude prevents any
citizt:p from voting in Rhode Island. Neither
Of these qualities depends, in any degree, upon
the plsce Of u.tivity. This seems too obvious
10 need discussion. It ia also fact, appearing
in the public record L. Congreas, and doubt
less known. to tho petitioners, that when the
by Cong1ass, it WAS proposed to embrace in it
ap1ohibition pf any denial OF suffrage on &C.
count Of nativity, and that this proposition
was not agreed to for the reason that Congress
did not think it e1pcaient to restrict the an
cicnt powers OF the States in these respects
any further than appeared to be needful to Sc
cure to the whole people the great results Of
the overthrow Of the rebellion.
The committee is tharefore Of the opinion
that there is nothing in the provision Of the
Constitution Of Rhode Island rofetred to in
conflict with the Constitution OF the United
States. Whether these provisions are wise OF
right in themselves ia matter over which
control That subfeet belongs 10 the people
of Rhode Island who, 1t must ba presumed,
yiIl cox1ect-any and i'll errors that may from
;irne to time be found to exist in her internal