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

tcmpta u coBtroufcxicn OF QuauncafIUn.
OF these. thsre were originally dhi1eea
and prior 70 the new srendrnent. fAfrfy.
serea. The Union vas union Of States
-as its name imports. But sssrmina
that the power Of smendmeue i unlimited
and that right TO vote results from the
amendment. and Is vested in citizens d
the United States al is changed: =.
have but oas polifical STAT; our Union
is q Union ofthe citizens Of the United
States, AZ coequal members OF q eonfed,
eracy of individuals: the States. and tn
United States, in all but the forms of ad-
ministering government, are things Of the
past. The forms of State and Federal
government are stiif preserved; but these,
though essential 20 the very existence oi
the several hodies Of electors, in the old
system, are In no degree essential to the
new political State into which those bodies
now are merged, and cannot long survive
the dissolution Of the sovereignties in which
they were founded The change, If any
whatever is effected, is radical and COM
piete. 1t is neither more nor less than
an absolute transfer Of the essential SOW.
ereignty Of each body Of electors. an ali
enation ofthe iina'ienaBe righ, ofse,t.gor-
ernment inherent in the peorIe If each
State, to the new political (fJrmerly the
civil) community or State composed Of cit
liens Of the United States and this ac-
complshes the total destruction Of the
States as separate and independent politi-
cal communities. and rear upon their ruins
the empire,' Upon any construction
Of the new amendment, which results in
the right of citizens of the United States
to vote, or gives such right to any Of
them, there is no possible escape from the
conclusion reached For. if the right is
given to any by virtue of the amendment,
it is given to all and if any limitation,
not amounting to an absolute denial ofthe
right, is or may be established. such limi-
tation cannot amount to total exclusion
and the citizens of the United States no,
excluded, will constitute the new political
State. And thus. if any effect be given
to the new amendment, by way of estab-
fishing Il right 10 vote which did not pre-
viously exist, it must be admitted that il
creates u rh"iiy n"r politicm community
or STATE into rhich The former Suites ar,
mry'd just as the fourteenth had, to the
extent not only Of four millions Of popu-
lation. but Of the whole population, crea-
tod a new civil community. or community
Of citizens as such. This, I believe. has
been overlooked. Behold then. (in thu
work and the triumph of political party. J
the destruction and reconstruction of the
States. the establishment of the empire
and the blindness of the people to the
ruin thus wrought.
"The conclusion reached can only be
avoided by assuming the negative ground
that the new amendment does not confer
the right to vote upon any who did not
previously possess it hv virtue of somC
State Constitution: but simply prohibi,
the denial or abriIgemcnt Of such right
as was previously vested, on account o
race. color, or previous condition of ser.
ritudc.' Thus, in States which had pre-
viously conferred the right. without re-
gard to race, color. or previous con li,ior
of servitude. the prohibition prevents an,
future distinction on account of race, col.
or. etc, while in States which had previ
ously limited the right conferred by then
to a particular race. color or condition
the prohibition only applies to future re.
Strlctlons on these accounts, aud works nc
change in their Constitutions. Other
wise, qualifications as 10 age. sex, &c,
would have been required by the amend
ment: for the right, if limited at all, mus
be limited by or in pursuance of the grant
and not by prior, different and extrane
ous act, which had and has no relation
thereto. This construction, we may add
IS strictly in accordance with that of 9th
er prohibitions contained in our Constitu
tions: such, for instance, as that til,
right of the people 10 keep and bear arm.
shall not be infringed' (Const. L. S
Amend, art. , Here. and In all tho
like cases, no one has ever supposed tha
the right was originally created or extend
cd. or newly conferred or vested: all hav,
agreed that the right was recognized as :
right established by the law of each State
and as one to be guarded against futur,
infractions
Had the amendment been designed {,
newly invest the citizens Of the United
States with a right to vote, such as they
had not previously and could NOT deriy,
from the State Constitutions, the language
would probably have comported with the
purpose in view; as where it was origi.
nally Designed to invest the citizens O
each State with the character of citizens e
the United States, 1t was provided tha
the citizens 1t each State shall be en,itle.
to all privileges anu immuaities ofcitizen:
in the several States;' tConst. L. $. ar
iv.. 5. art. Confei.. iv. }. 81 here Ia.
language would probably have been tha,
''citixens OF the tuited States shaU Je en-
titled to the rights and privileges ofveter.
cor electors IN the several states and il
any limitation or qualification hsL beer
intended. that would also have been ex
presse,i ami the prohibition. rs TO infrac,
tinns Of the right. would then have follow
ed. This would have opened the eyes o
the people to what was designed.
There are, in fine. two. and only ,w,
soares from which the right to vote cal
be deriyesl-Ssa,e and federal Ii deri
we'd from the State, il is the right whicl
was previously vested by tina State Con
sti'ation, and is exercised solely in virtu,
Of State authority, as heretofore if deri
we'd through any construction. operation
or effect of the new amendment, :, is
wholly new right. righ; to be exercise,
solely in virtue Of federal authority. an