Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1874-12-04
ALEXANDRIA, VA.
FRIDsY, DECEMBFR4.
Iudge Hughes opinion.

We re-nroduce from the report OF Judge
Hngbes' OPINION 10 the Petersburg case, eA
tracts which are of special slgplhcapee' Inc
Judge says:
Before the adoptoo fthc fourteenth amend
uenr a man was citizen of the Uulted States
ony derivasively, by virtue of his being clt-
zen Of u State Such was the principle OF the
decision O! the Supreme Court of the Y. ).
10 the case of bred Scott vs.. Sanford, ~
Howard, $685. 10 which that court expressly
decided that as man OF African decent was
not the citizen of any State, therefore ne could
not be ci,lzeu of the United States BY the
adoptioD OF the fourteenth amendment the ne"
status of citizenship Of the United States, 10
depeudenily of that of citizenship OF the State,
was frs, established; but it does not follow
that the incorporation Of this new prorlslon
into our national polty has abolished or obllt-
Grated the line Of distiction which the national
courts had claimed the power to draw between
the rights of person as citzen OF STATE and
those which he has as citizen OF the Uolled
States. There is not yet any general act OF
Congress clothing the citizen OF the United
States proprio Vigore with all the rights OF the
citizen of the State where he resides, ADD CIV,
ing the natonal courts express jurisdiction to
protect those rights.
s'Certaipy there can be no law OF Congress
found which directly purports to constitute
any citizen of tie United States a voter III the
State 10 which he resides. JUDGED, such Iaw
would seem to be unconstitutional: Tor the
fourteenth amendment itself contains clause
which leaves 10 the States the power, always
before possessed by and conceded TO hem, OF
prohibiting citizens of the United States from
voting, aud of declaring who shall be voters,
even iu national elections That amendment,
10 the second paragraph. provides that when
the right TO vote at any eiectlon Tor the choice
of electors for President and Vice President OF
the United States, representatives ID Congress,
me executive and judicial officers Of a State,
or the members of the Legislature thereof, Is
denied to any of the maze Inhabitants OF such
State, being twenty one years old, and citizens
of the Uuted States, except for participation
10 rebellion or other crime, the basis oil repre-
sentatou therein shall be reduced IN the pro-
portion which the uumber OF such male citizens
bears to the whole lumber OF male citizens
tweDty-oue years OF age III such State. mus
the right 10 vote. even OF citizens OF the Uni.
ted States, is lett, even By the fourteenth
amendment itself, to be regulated and defined
By the States. which had always held that
power. The State Of Virginia has accordingly
exercised this prerogatve, pursuant to her
Own uncontrolled views of justice aud proprlety,
in the first clause Of the third article OF her
State Constitution, which is 10 these words
Every male citizen of the United States
twenty-oue years old who shall have been
resident of this State twelve months and OF
the county, city, or town 10 which be shall oner
TO vote three months uext preceding any cleo
ton, shall be entitled TO vote upon ali ques-
tons submitted to the people at such election;
following this general provision With the usual
exceptions of persons committing crime, &c.
And here will remark that the right &c vote
would seem to be not FUNDAMENTAL; not Datur-
al right The power to declare who shall be
voters. who shall be constituents of the political
sovereignty of State has been claimed by
aud conceded to each State from the beginning
of our Independence; aud is expressly conceded
By the clause Of the fourteeuth amendment
which last quoted. The right to vote would
seem to be not an inherent right, but con-
terred privilege; a privilege not derived from
she Uuited States, but from the State alone;
privilege belonging to ahe man as cltzcn OF
the State, and not to him IN his character as
ctiz % of the United States. The noble llber-
ality of Virginia in making every citizen OF the
Uuited States resident within her borders
voter 10 every election, does not 10 any de-
gree change the fact that he derives this right
from herself. Nor does the obligation of the
Uultcd States 10 guarantee to the States re-
publican form of government change the fact
now existing, and which has existed from the
founding OF the Uuion, that to the State is lett
the power of deiolog and regulating the right
OF sutfrage-a power without which State
could scarcely be considered as any longer re-
tanning It's autonomy.
The summing up of the opinion is as fol-
lows:
Il am, therefore, of the opioiou that any law
of Congress is unconstitutional which makes
the preventing OF voter from voting 10 State
election peual on any other account than of race
color, or previous condition Of servitude; and
that any indictment charging such an offence,
though founded upon such law or section Of a
law of Congress- is invalid to give jurisdiction
of such an oifeuce to this court. | think, con-
SeQueuly, that the denurrers Of the defendants
TO the eight indictments against the Petersburg
judges of election are good and that the iudict-
meuts should be 4uashed."