The Montgomery advertiser., 1901-05-29

are only such as belong to c1ti-' zens of the United States" wherever. they reside. under the laws of the United States, and not under the muni- cial laws of the several States. The rule for construing the language of the Constitution is clearly stated in Lake Company vs Rollins, 130 U. s. 657.
 The right of State to prescribe the qualifications of officers of the State government, Is not, in the least, con- troiled or limited by questions of 'the right to vote," or by "the privileges or immunities of citizens of other States, or "of the United States or by class questions, or race questions.
 The right to prescribe the qualifca- tions for office in the States, are not among "the powers delegates to the United States by the Constitution" nor among those prohibited by it to the States;" but they are among those that 'are reserved to the State respective ly."
 Clement vs Kelsey, 121 U. s. PAP. McElvaine vs. Brush, 142 U. s. 155. Miller vs Texas, 153 U. s. 535. Thorington vs Montgomery, 147 U. s. 490.
 Re Sawyer 124 U. S. 200.
 O'Neil vs. Vermont, 143 U. s. S23. The above cited cases show that only few of the rights mentioned in the bill of rights, as belonging to the peo- pie, are made obligatory on the States | by the Constitution.
 | Offices are not contracts, under the | constitution. Office is "a privilege re- vocable by the sovereignty at will" Crenshaw vs The U. S., 134 U. s., 99. Hall vs. Wisconsin, 1O3 U. s. 5. Mayor of N. Y. vs Milne, Il Peters | 102.
 Burlier vs. Conoly 113 U. s. H. The Constitution of the United States while it imposes qualifications of age | and residence on Representatives and | Senators in Congress, leaves it to the | States to fix the qualifications of voters | for both classes of these officers, and | is silent as to the qualifications of elec- | tors for President and Vice-President, | and as to the qualification or designa- | ton, of those who may chose electors. l These are very distinct and important | admissions of the sovereign right of the | States to provide by law for the regu- | lation of the right to vote for such of- | ficers, whose official powers can be ex- l ercised nowhere else than in Congress or in the election of President and Vice-President of the United States. These provisions are based on the fun l damental principle, that the sovereign | power of the United States resides in l the people of the State; and that it is | only through the State laws that such powers can be exerted.
 It required the amendment Of the | Constitution of the United States to give Congress the righ: to impose the restriction on the States. in respect of | negro suffrage.
 The States had that unquestionab1e | made | in the Federal Constitution, through | their ratification. These changes | related only to the security of negro men, citizens of the United States, 21 years of age, in respect of their right | to vote." and not in relation to any | other political right, such as the right l to hold office. So that the rights of | she states remained untouched and | unaffected as to all other powers that | they possessed. These amendments | placed the power of the States to pro- | hibit such negro men from voting I among the enumerated powers. that are forbidden to the States: but did not | place the power to fix the qualification | of office holders in that class. All the l provisions of the Constitution of the l United States were made supreme, as parts of the Constitutions of the several | States, by their ratification, and noth- | ing in that instrument relates to the | qualifications of persons to hold office
 under the State Governments. They
 are among the powers expressly reserv- | ed to the States in the ninth and tenth | amendments.
 Even in choosing electors, which of
 ficers were created by the Constitution
 of the United States, the legislatures are given the widest discretion in the I AIs,
 cludes the qualification of voters; and
 the only restriction on the power of
 choosing, is that which relates to
 voters in the 14th and 18th amend | ments. There are no restrictions or
 provisions relating to the qualifications i Of electors except that no Senator or
 Representative in Congress shall be an elector; which is 8 most significant | proof that the qualifications of all State officers skculd be fixed with ref
 erence to services to be performed by the officers for the States, respectively and not for the United States, and car
 only be prescribed by the States.
 In the case of McPherSon vs. Black
 Ter, 146 U. S., page 35, the Supreme Court of the United States, hold that 8 Presidential elector is a State officer
 and can only be appointed by State au-
 thorities They say, amongst other
 able statements of the law, that IT
 short the appointment and mode oi appointment belong exclusively to the
 States under the Constitution of tho
 United States"
 In the fourteenth amendment, which
 is examined by the court in this case
 there is a penalty fixed on the States
 for the denial, or abridgement, or tht
 right of voter" at any election fol
 the choice of electors for President anC
 Vice-President of the United States
 and in the fifteenth amendment, thi:
 penalty is changed to an absolute pro
 hibition with reference to voters of tht
 negro race.
 To hold that these restrictions on thu power of the States as to negro voters
 confer upon the negroes the power, ol
 the right, to hold office in the States
 and is a guaranty of that right, Il
 equally to provide for and guarantee
 the right of the negro voter to hold an!
 office under the United States; for, thu
 fifteenth amendment binds the United
 States, as much as it binds the States | Logically, the result of this method O
 interpretation is that the fifteenti
 amendment grants and secures to {
 negro voter the constitutional right t'
 occupy the office of President or Vice
 President. if the electors should choos'
 him for either place.
 A rational conclusion is that the four
 teenth and fifteenth amendments hav'
 no reference to qualifications for office
 but only to the qualifications of nal
 negro citizens of the United State
 twenty-one years old, as voters. l
 does not include or relate to a race o people, but to the individuals of a rae l who have rertain qualifications of age