The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-10-09
STATE LIMIT ON SUFFRAGE.
JUSTICE WOODWARD SAYS GRAND
CLAUSE CAN'T STAND
Addresses Phi Delta Phi Cab on Rights OF
states Under 18th 'nlnHs
North Carolina HIS Gone Zoo Far 'iuo
Comments the Reconciliation OF Patterson

tOWunenls w
The first Of the monthly b%anquets OF me
Phi Delta Phi Club was held last nlSht AZ 'mo
Hotel Marlborough Justice John Wood
ward of the Appellate Division Of The supreme
Court. saoond Department. was the guest Of
Manor. and made an address on The Legal
Rtsht of a state 10 Limit tho Suffrage. In
Introducing Justice Woodward the President
of the club, Charles Thaddcus Terry. referred
to the sneakers celebrated connection with
The Hanncrcr case and 10 his decision at that
time o.. q masterpiece in language and logic
of scientific thought This Is Justice Wood
words address.
"GenHemen Of The Pit Delta Phi Soci'ty:
The recent action Of the state OF Norm
Carolina in amending it, constitution r"lulr-
ing an educational qualification for voters
and excepting from it, operation the d'>o'nu-
antsof those who were r"rnlttcd To vpt"ln Isnt
prior 10 the adoption OF tho RI ." IN NmenII
ment, has given rise Ia much discussion ana
has brought forward a great variety ol 7hG-
ge,tion a to the duty of the Federal Govert-
ment In the premises There II P"p,har
Impression that there u a power lodged ~
Washington which may regulate and cohlrol
In any manner involved Those who hold
this Impression forget that ihe N9ycrhlH'ht
at Washington = merely the clslodlah ol 30
much Of the sovereign power 81 me Po3Pt9,
as ha- been specially delegated, and that U
has no power TO deal WITH Questions outside
Of the limits fixed by the Constitution, an m
strlment created ut a time when the people
we're very Jealous Of their rights, and when
etch power surrendered was carefully con-
1t is my purpose to point out the limitations
which have been fixed for the government
the Federal Constitution. and Incidentally 10
ahow what action the states have taken IN re-
spect to this question, aud which have IN some
degree, afforded the precedent for the stare
OF North Carolina
In the consideration OF this, question II -
necessary Ia bear in mind. not only that citizen
ehip in tho ( uifpI States does not CONVEX any
right of suffrage, hut that such citizenship ~
not necessary 10. the ,"E"rrl1e 81 ms rlEni
Citizens Of tho United state, residing in IN"
District Of Columbia, or in tho Territories ~ the
United States. have no right Il" vote ior the
electors Of President and Wee President, or
for Representative IN Congress, though IN m"
Territories II l. customary to permit them
70 vote for delegates 70 ne u"nGrcss, W.,e
this nation q person may he entitled
10 this privilege WHO Is not a citizen # me
United States. and in Two Of them Vermont
nec.ssary even TO have declared an intention
TO hc'nTo sucL citizen When ms question
was before tho Federal Convention in l7Ni tlcr"
was a strong and determined Effort 10 provide
a property qualification for the electors Oi inc
Officers provided for by the Constitution. an
Edmund Randolph rro gsc1, thar me, ulall,i-
cations Of electors shall be tie same through.
out the States VIZ .ci'ilcra''p, MANHOOD. sanity
Of mind. preyiou- rc-lten"c 81 one year. or
possession 81 real properly within the state
To- the whole Of ono wear, Or enrolment in too
militia for the whole, Of a y"ar After a thor
orence 10 the COMMITTEES Of Detail. tho clause
governing tho qualifications 81 voter, Tor the
Federal Government was adopted as follows:
The House Of Representatives shall be
composed Of members chosen every second
year by the pcople 9p we oniYe1al state ia "a
cations requisite for the electors Of the most
humorous branch Of the state Legislature
when The subject wa, before the convention
on the report Of the Committee Of Detail On
the It'll day Of August, Gouyerneur Morris
moved 20 amend the section by stirling out
that porto rS,a,ing to the 9Gaiincalions %I
to conflne the suffrage 10 freeholders, but after
some discussion the motion was lost GG,lver-
the ground thai it would eep out the danger
Gus Influence Of multitudes: while Williamson,
Wilson, Ellsworth, Mason. butler and fraikhnl
on which the people were Jealous, and IL would
not be well 10 excite their 'ealousie5 by, de-
Officers when the same citizens have the right
TO vote in the States Wrowth Of the Con:
s%titution. r. 3al 1t, was not contemplated
Presidential Electors should be chosen by
popular ballot, and II Is only, within the last
Versa, the whole a question h avins been turned
over to the States. each OF which was y ap.
point, In such manner as the Legislature thereof
whole number Of Seuators and Representatives
10 which the State may be entitled in the Con-
gress
What might he the powers and duties NJ
the Congress under that clause Of the Consti-
tuition which guarantees 70 each State a re-
publican form Of government II an effort should
be made TO so far restrict the right OF suffrage
as to imperil popular government in a State
II is not profitable at this time 70 discuss. For
any OF the collateral guarantees, it may be
said that under the Constitution rs It existed
w TO the adoption OF the Fourteenth and FIJI
teenth amendments, there was no power on the
part of the Federal Government TO regulate or
control the elective franchise. IL was a power
inherent in the states. and It was left by the
Constitution WhprA II Wag found In the handa
Of the people OF the respective States. To
what extent It is governed by conditions and
Tar the states have departed from the rule
Of uniformity SUGGESTED by Edmund Randolph
States or a declaration Of intention 10
become such citizen under the provisions. OF
the naturalization law, is necessary TO qualify
the voter, Arkansas has n. similar require
ment, colorado was satisfied with citizenship
or a declaration Of intentions up 10 1890, when
an educational qualification which should
not operate to disfranchise any one who was
Hocticut provides for white male citizens.
though the word white Is. Of course. Obsolete
underline Fifteenth Amendment, and a freehold
estate Of the yearly value Of seven dollar.
or the voter shall have paid taxes within the
year next preceding, and shall have, a good
moral character, and he able To read any ar
ticle Of the Constitution. or any section ~ tho
statutes Of this State In Florida it isnecess1ry
5% tie to " h Si9t1en dc OF d" an TnI'o i]nts s5stG;
- AAA'' 80 ANAh' NANAfNA
Of becoming a citizen. and the taking of a con-
stitltional oath in which the voter declares
himself capable Of fulfilling the requirement IT.
Of an ele"tor. Georgia demands citizenship
In the United States, with one years residence
in the State, and tho voter IL required to have
paid all taxes which may hereafter be re-
nuirrd Of him. and which he NAV have had
an OPPORTUNITY Of paying Indiana requires
national citizenship or n declaration OF in
%tention, and the same requirement is made
by Kansas and Louisiana. Maine eNacts
that the voter shall be able 10 read the Com
~stitution in the English language and write
his name hut provides that the amendment
shall not apply to any person prevented by
a physical disability from complying with
is requiem ntS, nor to any person who
now has tho right 70 vote, nor to
any person who shall he ~ years OF age or
upward at the time this amendm mt shall take
effect The requirements Of Massachusetts
are satisfied by a male citizen Of the State,
who shall have paid taxes which may have been
assessed against him within two years next
preceiinC tho election, or who shall be exempt
under the law from taxation. Michigan re-
Quires citizenship In the United States or n
declaration % Intention. and admits civilized
Indians 10 toe suffrage. Minnesota admits
persons Of foreign birth who shall have declared
their intention Of becoming citizens aS well
as Indians and half-breeds. the former being
required TO adopt the language. customs and
habits OF civilization, after an examination
before any district court Of the
provided by law, and shall have been
pronounced by said court capable Of ENJOYING
the rights OF citizenship within the state
MiCaiGEippi danapdg gitfzap abtp In Tho ITpitaI