Year: 1876

fifteenth amendment confers the right
OF Suffrage upon no one, and yet it
was only under that amendment or the
Constitution that any claim was made
in the argument of the case in which
this decision was made. The Supreme
Court had long before and repeatedly
decided that the fourteenth amend
ment in now way touched the right of
suffrage. Although Judge Taft pro,
pose to evade the effect and force of
these decisions. which should have
bound him as lawyer, and to which
1t was his duty as citizen to conform
his conduct, by stating towards the
end of his opinion that he "has con-
sidered these recent important judg-
ments given by the Supreme Court of
the United States upon the acts of
topic, yet he proceeds to aver that he
need ''in this place to add no more
than that these judgements do not
concern Federal elections" The de-
cision he refers to define broadly and
yet explicitly the power vested in the
United States in reference 10 the right
of voting without regard either to
Federal or State elections, and dis
tinctly limit the powers of the United
States under the fourteenth and fif-
teenth amendments to the enforce
ment of single guarantee. which is
that the right to vote shall not be
''abrjdge or denied on account of race
or color or previous condition of servi-
tude," and that where the abridg4
ment or denial is for some other or any
other reason or cause the protection of
the exercise of the right must be found
in the laws of the State and not in
those of the United States. 1t will be
observed that the prohibition to


abridge or deny is addressed to "the
United States," and yet if any State
should for reasons of its own seek to
impose new and general qualification


upon the right to vote, such as pro-
perty OF education, or as penalty for
the smallest or most venial ofense,


and difficulty arise at the polls and


riots, Judge Taft and his colleague,
Cameron, and their master, Grant,


would have just as much right to secur
their new-tangled, 'pcace of the United
States" as they now claim, and could
call in their troops or swarms of deputy


marshals in New Y York or Boston or


Chicago or st, Louis, and their all
embracing posse c0mitdtuS, to take care


"alike of the registration-l lists, the act
of voting and the personal freedom
and security of the voter, as we'll
against violence on account of any


vote he may intend to give as against
conspiracy because of any that he may


have already given"


R.-This order then, Senator, being
| Of af thn loaioiano of
the Supreme Court and without war


rant in law or the Constitution, what


legal effect can it have in binding


good citizens?


Sen.-Upon me it would have


Supreme Court enlightening my sense
of duty as citizen under govern
ment of laws, and the unwarranted
and partisan order of an Executive
official, l could not hesitate for
moment which way my duty lay. l
am as sure as | am of my existence
that if Judge Taft's order can be car
ried out in letter and in spirit it will
totally subvert our form of govern
ment and leave local self-government
which believe to be the very soul
of our institutions, the shadow of a
name. In my judgement it will be-
hoove all citizens who desire 10 perpe5
tuate our system of government to
raise their voices in instant and severe
condemnation of this attempt nulaw-
fully and dangerously to enlarge
Federal authority. All officials intrus
ted with State power should sexamin
this document of the Attorney General
and prepare to hold him and every
subordinate who shall act under his
instructions liable to the laws of the
State which they shall invade in its
execution. While cannot believe that
he will venture practically to enforce
these monstrous assumptions of power
yet it will be best that he and those |
who propose to act under his authority |
should be confronted with the results. |
| view the action of President Grant, |
with his Secretaries of War, the Navy |
and the Interior, and his Attorney
General, acting, as they are reprcsen-
ted to have done, in consultation and |
concert with Sherman, the General of
the Army; Chamberlain, the Cover
nor of one States; and Patterson, So
called Senator from South Carolina, in |
no other light than as a conspiracy to |
invade the plainly reserved rights of
the States to hold free elections under
their own authority. If such attempt !
escape public reprobation, or if the |
people of all the States remain blind |
to their danger and permit themselves
carelessly or wilfully to be led by. their |
votes into maintaining in power any
party so led and 30 sustained, my
hope of constitutional liberty on this
continent will have fled.