New Orleans Republican., 1873-06-19
WHOLE NUMBER 1902.

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intended to be protection. not to all our
rights, but to our rights as citizens of the
lnlted States only; that is, to the rights
existing or belonging to that condition or
capacity. The words ''or citizen of State"
used N the previous paragraph, are care.
fully omitted here.
In article topr. paragraph two, of the
| constitution OF the United States, it had
been already provided i'll this langua ye
That the citizen Of each State shalt be en-.
| Titled to all the privileges and immunities
] OF citizens IN the several States" Tho
rights of citizens OF States and citizens of
| the United States are each guarded by these
| different provisions. That these rights
! were separate and distinct. was held in the
Slau2hterhOuse case recently decided bY
| the United States Supreme Court at Wash.
ingtOn. The rights of citizens of States,
as such, are not under consideration. In
the fourteenth amendment tnev stand "a
they did before the adoption of the four.
teenth amendment, and all are fully guar.
anteed by other provisions. The rights of
citizens of Stat rs have been the subject Of
judicial decisions on more than sne occa.
sion. Garfield VS.. Cayell Mark c. G.,
X. 37l; Hurd VS.. Maryland. II Wall. i3O:
Paul vs.. Virginia. s Wall l40. These are
the fundamental privileges or immuuities
belonging of right to the citizens of all tree
governments, such as right of life and lib.
erty, the right to acquire and possess prop.
erty. to transact business and to procure
happiness in bis own manner, subject 20
such restraint as the government may ad.
Judge to he necessary for the general good.
IN Cromwell vs. Nevada. Wallace SO,
is found statement of some OF the
rights OF citizhn OF the United
States, viz: To come to the seat Of
government to asseIt any claim he may
have upon the government. to transact any
business he may have with it, to seek its
protection, to share its offices and to en-.
gage in administering its functions. He
has the right to free access to its sea:
ports, through which all the operations Of
foreign commerce are conducted, to the sub.
treasures, land Offices and TO the seats of
justice. Another privilege of citizen OF
the United States, says Justice Miller,
in the the Slaughterhouse case, is to
demand the care and protection OF
erty aud property when on the high seas or
within the jurisdicl ion of foreign govern
ment. The right to assemble and petition
tor a redress of grievances and the privi-
lege of the writ of habeas corpus, he says,
are rights of the citizen guaranteed by the
federal constitution. The right of voting
or the privilege of voting is the right
or privilege arising under the consti,
tuition of State and not of the United
States. If the right belongs to any
particular person, it is because such person
is entitled to it as citizen of the State
where he offers to exercise and not because
of citizenship of the United States. If the
State of New York should provide that no
person should vote until he had reached
the age of thirty, or after he had reached
the age Of fifty, or that no person having
gray hair, or who had not possession of ali
his limbs, shorld be entitled to vote,
do not see how it could be held
to be violation of any right de-
rived or held under the constitution of
the United States. He might say such
regulations were unj justly radical, unfit for
the regulation of an intelligent State; but.
if the rights of a citizen are thereby vio-
lated, they are of that fundamental class
derived from his position as citizen of
State, and not those limited rights belong.
ing to him as a citizen of such; and such
was the decision IN Cortield VS.. Carryell.
Rights appertaining to this subjec:
are those under article one. paragraph two
of the United States constitution, which
provides that electors of representatives in
Congress shall have the qualifications re-
quislte for electors of the most numerous
branch of the State Legislatures; and the
second are under the fifteenth amendment,
which prov .les that the right of a citizen
of the Unit ed States to vote shall not be
denied or abridged by the United States or
by any STATE on account of race, color OF
prev ious condition of aervitude.
If the Legislature of the State Of New
York should require higher qualifications
in the vOt n of representative in Congress
than is required for voter for member
Of the Assembly this would, conceive, be
a violation of right belonging to one as .
citizen of the United States. That right 10
in relation to fedora, subject or his inter.
est, and can be guara nteed by the federal
constitution.
The inability Of the State 10 abridge tho
right of voting on account Of race, color or
previous condition of seryitude, is federal
guaranty. Its violation would be denial
of the federal right, that is right belong
ing to the claimant as d citizen of the
United States. This right herein exists By
virtue of the fifteenth amendment only.
If the fifteenth amendment had contained
the word SEX the argument OF the de-
Tense would have been potent. She could
have said an attempt by a State to deny
the right to vote because one is of q particu-
lar sex. is expressly prohibited by that
amendment. The amendment. however.
does not contain that word. Ii ia limited
to race, color, or previous condition OF sery.
itude.
The Legislature Of The State of New York
has seen mt to say the franchise OF voting
shall be limited to the male sex. In saying
this there Is. IN my judgment. no Slola''oh
of the letter or spri: of the fourteenth
amendment This view is assumed in the
second section OF the fourteenth amend'
ment. which enacts that if the righ. to vote
for federal officers is denied by any State
to any of the male inhabitants OF such
State, except for crime. the basis Of repre-.
sentation of such State sha!! be reduced in
proportion specified. Not only does ihls
section assume the T: :ght Of .he male nhao'
itants to vote was the especial object OF lts
protection. but it assumes and admits the
right OF the State, notwithstanding the ex~
istence of that clause under which defend'
ant claims to the contrary to deny to any
male inhabitanr the right to vote which ls
allowed to other male inhabitants.
The regulation OF suffrage is conceded t0
States as States rights. The case OF Myra
Bradwell, decided at recent term OF the
Supreme Court of the United States. sus'
tains both positions above put forth. The
argument proceeds at great ienghth.
The Jury trying the persons who received
Miss Anthonys vote are locked up. Their
instructions are similar 20 those given the
iury which convicted Miss Anthony.