The Washington times., 1901-10-23
SUFFRAGE IN AMERICA.

| To THE Editor OF THE TrMss: 1t is a
matter of great public concern at this
| particular time to know to what degree.
if at all. the Fourteenth and Fifteenth
Amendments to the Constitution Of the
| United States limit the power OF the
| States to regulate the suffrage. The
! Fourteenth Ame endTncut declares, among
| other things, that whenever the right to
| vote at any election for the choice of cleo
| tors for President and Vice President of
| the United States and Representatives in
/ Congress, the executive and judicial Off
! GERS Of the State. or the members of the
| Legislature thereof. is denied to any of
| the male inhabitants of such State be
! ing twenty-one years of age and citizens
! of the United States, or In any way
! abridged. except for participation in re-
| beIlion or other crime The basis of repre-
\ sentation therein shall be reduced In the
proportion which the number OF such
male citizens shall bear to the whole num-
/ Der of male citizens twenty-one years of
age in said State
This amendment has two aspects. 1t is
partly political and partly juridical. 1t
puts into dogmatic form certain legal
principles already a part of our juris-
prudence. Its second aspect is political.
1 1t deals with citizenship and the power
regulating suffrage in the several States.
I It does not create Federal voters, nor does
1t ipso facto command the State to en-
! franchise anybody. 1t holds a penalty
| over the heads of the State to fall upon
them, not If they fail to grant the SAT-
frage, but if they deny the right 20 vote
( to male inhabitants of the State over
twenty-one years of age. 1t is a peculiar
piece of legislation. II lacks the essen
! tIal of clearness. Were it an ordinary
statute il would fail for ambiguity. 1t
/ does not assume or declare that the right
/ to vote Is a natural right, nor that such
right is an element of civil liberty, nor
! that the mere existence of the State
! creates an obligation on the part of the
State to enfranchise all male inhabitants
| therein. 1t leaves with the State discre-
! tionary authority to enfranchise male in
habitants and threatens the State with
! penalty of loss Of representation in Con-
/ gress if 1t does not practically keep the
/ suffrage IN the State universal.
| If this amendment dealt with Federal
matters alone it might be left to work
| itself out, but by its terms. as 1t is popu-
| larly construed, it lays the ground in the
| Federal Government, through laws of
| Congress enacted to enforce it. to con-
|
| own executive. judicial and legislative
officers. and declares in effect as con-
strued that if the State uses It's own judg
ment in selecting its own male inhabi-
| tants eligible to vote for State officers
| and excludes any of them from voting
| for said State officers, then said State
! shall suffer in its representation in Con-
| gress to the extent prescribed in the
| amendment itself This part of this
| amendment is an implement to destroy
! the domestic sovereignty of the several
| States. Electors of President and Vice
| President are State officers. This was
| so held in Missouri many years ago ard
| has not been judiciaIIy disputed since.
| The right to vote spoken of in the Four
| teenth Amendment is the product OF an
! affirmative grant of the State. If there
| be no voluntary grant of the franchise
| to vote the right to vote does not exist.
| The Fourteenth Amendment deals with
rights heretofore granted with rights
unborn, which the Federal Government Is
powerless itself TO create or TO perpetuate
| II granted by the State. The right to vote
| is not a right swinging between two SOW
ereignties planted by the Federal Govern
ment and watered by the State The Fed
| eral Government cannot eXtort from the
State or grant 1t suffrage. The right to
vote once granted Is not 4 vested right
| II does NOT descend from father to SON.
1t is not acquired by the son until con-
ferred upon him by the State. This
| amendment took effect July IS, 1853 while
the Southern states were passing through
the experiences of reconstruction. If it
applied to rights to vote then existing
it could rot be made to operate upon
persons never inducted into the right.
The most that can be said of 1t is that
it was transitory.
This view is confirmed by the adopting
of the Fifteenth Amendment treating of
the same subject and approved March 30,
1870 The Fifteenth Amendment deals alone
with suffrage, and repeals the suffrage part