The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1871-11-25

WAYNE COUNTY, IND. NOV.

E00uvyIv0ul6 Co0uO6 go inCO VIZ
ginia and vote ct any election in
that State, though when he has &C.
quired q residence in Virginia,
and is otherwise qualified as is
required by tina Constitution (of
Virginia). he becomes, without
formal adoption as a citizen OF
Virginia, citizen of that State
politically (Webster's Works,
vol. 6, p.112.
1t must be obvious that Mr..
Webster was Of the opinion that
tho privileges and immunities of
citizens, guaranteed to them in tie
several States, did not include the
privilege Of the elective franchise
otherwise than as secured by the
State Constitution. For after
making the statement above quo
ted, that citizen Of Pennsylvania
cannot go into Virgins and vote,
Mr.. Webster adds, "but for the
purposes Of trade, comm cree, buy
ing and selling, it is evidently Lot
in the power of any State to n
pose any hindrance or embsrrass-
ment, &C., upon citizens of other
States, or to place them, going
there. upon . different footing
from her own citizens. ."-Ib.
The proposition ie clear that 20
citizen Of the United States can
rightfully vote in any State OF this
Union who has not the qualfca-
tions required by the Constitution
of the State in which right is
claimed to be exercised, except as
to such conditions in the constitu-
tion Of suoh States as deny the
! right to vote to citizens resident
therein "on account Of race, color,
or previous condition of servi-
tude."
| The adoption of the Fifteenth
Amendment Of the Constitution
imposing these three limitations
upon tue power Of the several
States was by necessary implica.
ton, . declaration that the States
had the power 70 regulate, by q
uniform rule, the conditions upon
which the elective franchise should
be exercised by citizens Of the
United States resident therein
The limitations specified in the
Fifteenth Amendment exclude the
conclusion that q State of this
Union. having q government re
publican in form, may not prescribe
conditions upon which alone cit-
zens may vote other than those
prohibited. 1t can hardly be said
that q State law which excludes
from voting women citizens, minor
citizens of the Uuited States, on
account Of sex, minority, or domi
cile, is . denial Of the right to vote
; on account OF race color, or pre-
vious condition OF servitude.
It way be further added that the
second section of the fourteenth
Amendment, by the provision tha!
"when the right to vote at any cleo
ton for the choice of electors Of
President and Vice President oi
. the United States. Representatives
in Congress-, or executive and ju-
:. dicial officers of the State, Or The
members of the legislature thereof
is denied to any of the male inhab
itants Of such State, being twenty
one years of age, citizen of ths
United States, or in any way
abridged, except tor participation
: in rebellion or other crime, the
: basis Of representation therein shall
be reduced in the proportion whicl
T the number Of such male citizens
shall bear to the whole number o
g male citizens twenty one years Q
age in such State implies that th
8 several States may restrict til
o | elective franchise to other tha,
q male citizens. In tiisposing Of thi
D question effect must be given,
possible, tc every provision OF til
4 Constitution. Article /, Section {
Q OF the Constitution provides:
h. That the House of Represent;
y tives shall be composed Of neE
9, bers chosen every second year b
e; the people of the several State
u and the electors in each State slla
d have the qualifications requisite f
le electors of the most numeror
!, branch of the State Legislator
er This provision has always bee
n constructed to vest in the Sever
is States the exclusive right to pr,
IS scribe the qualifications electo
IS for the most numerous branch
es the State Legislature, and thereto
III for members OF Congfess. A.
n this Interpretation is supported
n Section 4, Article l, of the Coz
ID sti:ution, which provides:
n That the time, places, and ma
ed ner Of holding elections for Sen,
ne tors and Representatives shall
r prescribed in each State by Il
OF Legislature thereof; but tho Cor
CD gress may at any time by law maj
at or alter such regulations, except
n to the place of choosing Senator
Il Now it is submitted, il it b,
r. been intended that Congre
ne should prescribe the quali6catio
70 Of electors. that the grant wou
n have read: The Congress may
any time by law make or alter su
g. regulations, and also prescribe t
ne qualification of electors, etc. T
lse power, on the contrary, is limit
W exclusively to the time, place. a
ns manner, and does not extend
70 the qualification of the electo
cn This power to prescribe the quail
nd cation of electors in the. sevel
yes States has alwave been exercise