The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-12-01


Time Of their independence They en-
brace those rights which belong to nan as
member Of society. together with those
which the Consultation and laws OF, his State
confer upon its citizens.
On the other hand, the rights which we
have as citizens of the United States are
such as are implied In the language of Judge
Taney when he declared that we are citi-
zens of the United States for all the great
purposes for which the Federal Government
was established.a For instance, man as a
citizen Of Virginia may carry on a business
here by7paying q certain tax; in virtue Of
which fact a citizen of Mary land, as a citi.
zen Of the United States, has right 10 carry
on the like business in Virginia by the pay
ment of no greater tax. So, under the Con-
stitution of the State, q man born In Virginia
is citizen here after a certain age !; by Yir-
tue Of which fact he may become, under the
Constitution Of the United States, citizen
Of New York by change Of residence to
that State. This parallel between the rights
held by citizens, respectively, in their two
characters might be run out through many
examples; but the distinction is too plain
to need further illustration. For other de-
cisions on the subject see 8 Wheat, 203; II
Pet, 102; WAL, All; 8. Wal, 1870; 8 Wal,
Al /; and II WAL, 430. 4,7
Adopting this broad distinction, and avail
ing Of the authority given by the Supreme
Court in its decision inthe Slaughter house
cases, the national courts are justified in re-
fusing to, take cognizance of offences COM
mitted in violation of those rights which
belong to person as the citizen of State
not created or conferred but only guaran-
To,,z .f,,gs, IN,
confning their Jurisdiction to those rights
which belong to persons peculiarly in their
character as citizens of the United States.
This much being settled, and inasmuch as
the 4th section Of the enforcement act of
May, 1870, concerns only the citizens right
of voting, it is only necessary TO inquire
how the right of voting attaches to the citi-
zen; whether in his character as citizen of
the State or.in that Of citizen Of the United
States.
is THE RIGHT OF SUFFRAGE DERIVED FROM
THE STATE OR FROM THE UNITED STATES
Before the adoption OF the fourteenth
amendment man was a citizen Of the
United States only derivatiyely, by virtue Of
his being citizen Of State. Such was the
principle of the decision of the Supreme
Court Of the United States in the case
of bred Scott Us. Sanford, Q9 Howard, $685.
in which that court expressly decided that
as a man o(-African descent was not the citi.
zen Of any State, therefore be could not be
citizen Of the United States. BY the adop-
tion Of the fourteenth amendment the new
status of citizenship of the United States,
independently of that Of citizenship Of the
State, was tirst established; but it does not
follow that the incorporation Of this new
provision into our national polity has abol.
ished or obliterated the line of distinction
which the national courts had claimed the
power to draw between the rights OF a per-
son as citizen of State and those which he
has as citizen of the United States. There
is not vet any general act Of Congress CLOTH
ing the citizen of the United States proprio
uioore with all the rights of the citizen OF
the State where he resides, and giving the
national courts express jurisdiction to pro-
tect those rights. ....' '..' ,.~
Certainly there can be no law of Congress
found which directly purports to constitute
any citizen of the United States voter in
the State in which be resides. Indeed, such
a law would seem to be eunconstitutlonai; for
the fourteenth amendment itself contains
clause which leaves to the States the power,
always before possessed by and conceded to
them, of prohibiting citizens OF the Unlted
States from voting, and of declaring who
shall be voters, even in national elections.
That amendment, in the second, paragraph,
provides that "when the right to vote at
any election for the choice Of electors for
President and President of the United
States. representatives in Congress, the exc
cutiye and judicial officers of State, or the
members of the Legislature thereof, Is de-
MED TO any of the male inhabitants Of such
Slate, being twenty-one years DID,, and cati-
xens of the United States, except for partici-
nation in rebellion or other crime, the basis
of representation therein shall be reduced IN
the proportion which the number OF such
male citizens bear to the whole number OF
male citizens twenty-one years OF age IN
such State" Thus the right to vote,
even of citizens Of the United States,
is left, even by the fourteenth amend
ment itself, to be regulated and de-
fined by the States, which had always held
that power. The State Of Virginia has ac-
cordingly exercised this prerogative, pur-
suant to her own uncontrolled views Of JUS
tice and propriety, in the first clause Of the
third article of her State Constitution, which
is in these words "Eyery male citizen of
the United States twenty-one years old who
shall have been resident of this State twelve
months, and of the county, city, or town in
which he shall offer to vote three months
next preceding any election, shall be enti.
tied to vote upon all questions submitted to
the people at such election"; following this
general provision with the usual exceptions
of persons committing crime, &C. ..t
q And here will remark that the right to
fn ha nj .
not natural right. The power to declare
who shall be voters, who shall be constitu.
ents of the political sovereignty of State,
has been claimed by and conceded to each
State from the beginning of our independ.
ence; and is expressly conceded by the
clause of the fourteenth amendment which
I last quoted. The right to vote would
seem to be not an inherent right, but con-
ferred prfoilege q privilege not derived
from the United States, but from the State
alone q privilege belonging to the man as
citizen OF the State, and not to him
in his character as. citizen u Of the
United States. The noble liberality OF
Virginia in making every citizen of the
IJnited States resident within her borders 9
voter in every election, does not in any ds-
gree change the fact that he derives this
right from herself. Nor does the obligation
Of the United States to guarantee to the
States republican form Of government
change the fact now existing, and which has
existed from the founding of the Union, that
to the States is left the. power of defining g
and regulating the right of ,suffrageta
power without which State could scarcely
be considered as any longer retaining its au'
tenomy. :,.11 = -. -" - = -.
now THE R1GHr.oF VOTING DERIVED PROM THE
= STATE IS AFFECTED BY THE NATIONAL coNsTi'
TUITION.
It being therefore incontroyertible that the
rinht To Ynte In q State election bel0ngS 70