The age-herald., 1901-04-14


 The recent resolution offered in Con- gress by MT. olmstead of Pennsylvania looking to the reduction of the represen- tation in Congress of certain States which have recently restricted the right of suf- frage in their borders to gether with the contemplation of like action on the part of our own State, renders discus sion of the various constitutional aspects of the right to vote not inappropriate. wish to say in the beginning that some of the views which I wish to bring for ward originated with Judge Albion Tour gee and have been suggested to me by perusal of his writings though the lat ter did not bear directly on the matter under consideration.
 philosophical discussion of the right of suffrage from a constitutional view point naturally classes itself under the following heads: CD The inherent nature of the right of suffrage: Is it a natural, civil or political right; @ origin, i. e. by whom conferred; t9 province and pro visions of United States Constitutions; (D province of the State. including CD right to confer and regulate @ right to re- strict or deny when once conferred.
 The Century Dictionary. agreeing with Blackstone, defines natural rights" as rights that eist independent of govern ment, as liberty and security of person and property. Civil rights are defined as the rights which an individual has in his relation and intercourse with his fellow citiens. Under these definitions we see that the right of suffrage Is not natural right. nor Is it a civil as distin- guished from a political right. It does not attach to citizenship as such. (Am. and Eng. Ency of Law U. s vs. Reese, S2 U. S. 21D. The fourteenth amendment, the only provision of the federal consti- tuition defining the term citizen pro- vides that all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside It will be seen that this definition of "eitizen" includes females and minors on whom the right of sui frage has never been conferred. The fact that only about one-hfth Of the en- tire number of citizens ever exercise the elective franchise shows that citizenship of itself does not confer the right to vote (Morris vs. Campbell, liar. ana M. Md. 55D. Political rights are de- fined as the right to participate in direct ing the affairs of government (Cent. Dict and Blackstone's Conn. From this 1t will
  edly political right.
 Such a right could only originate in a grant from some competent authority, and supreme power in the government With us this would be found In the fed eral and State constitutions, (Coaiey Cons. Lim) The federal Constitution IS a specific grant of powers and all rights not conferred therein to the United States are reserved to the States, (Black. Cons. Laws) There Is no clause in this constitution which gives the federal gov ernment the power to confer suffrage. CHuber vs. Reilly 53 Pa. St. 112) and prior to the time of the adoption of the four teenth amendment the only provision on this subject were in Art. 1 of the con- stitution.
 Section 2 of the above article prescribes that the qualifications for electors or na- tional representatives should be the same as for electors of the lower branch or the State Legislature. Section gives Congress the power to regulate the time and manner of holding elections for Rep resentatives and Senators.
 Section gives each House the right to judge the election returns and quail fications of its own members.
 So far as these provisions are con- cerned each State has unquestionably the power of conferring, of denying and of abridging the right of suffrage, and this was the undoubted status until the adoption of the fourteenth amendment. Anderson vs- Baker, B Maine 53D. As the fourteenth and also fifteenth amend ments bear upon, the subject l shall take