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1, sec. 3). Each State must appoint, in such
manner as the Legislature thereof may direct, the electors to
elect the President and Vice-President (art. 2, sec. 2). The
times, places, and manner of holding elections for Senators and
Representatives are to be prescribed in each State by the
Legislature thereof; but Congress may at any time by law make or
alter such regulations, except as to the place of choosing
Senators (art. 1, sec. 4). It is not necessary to inquire whether
this power of supervision thus given to Congress is sufficient to
authorize any interference with the State laws prescribing the
qualifications of voters, for no such interference has ever been
attempted. The power of the State in this particular is certainly
supreme until Congress acts.

The Amendment did not add to the privileges and immunities of a
citizen. It simply furnished an additional guaranty for the
protection of such as he already had. No new voters were
necessarily made by it. Indirectly it may have had that effect,
because it may have increased the number of citizens entitled to
suffrage under the Constitution and laws of the States, but it
operates for this purpose, if at all, through the States and the
State laws, and not directly upon the citizen.

It is clear, therefore, we think, that the Constitution has not
added the right of suffrage to the privileges and immunities of
citizenship as they existed at the time it was adopted. This
makes it proper to inquire whether suffrage was co-extensive with
the citizenship of the States at the time of its adoption. If it
was, then it may with force be argued that suffrage was one of
the rights which belonged to citizenship, and in the enjoyment of
which every citizen must be protected. But if it was not, the
contrary may with propriety be assumed.

When the Constitution of the United States was adopted, all the
several States, with the exception of Rhode Island, had
constitutions of their own. Rhode Island continued to act under
its charter from the Crown. Upon an examination of those
constitutions, we find that in no State were all citizens
permitted to vote. Each State determined for itself who should
have that power.

Thus, in New Hampshire, "every male inhabitant of each town
and parish, with town privileges and places unincorporated
in the State, of twenty-one years of age and upwards,
excepting paupers and persons excused from paying taxes at
their own request," were its voters; in Massachusetts,
"every male inhabitant of twenty-one years of age and
upwards, having a freehold estate within the Commonwealth of
the annual income of three pounds, or any estate of the
value of sixty pounds"; in Rhode Island, "such as are
admitted free of the company and society" of the colony; in
Connecticut, such persons as had "maturity in years, quiet
and peaceful behavior, a civil conversation, and forty
shillings freehold or forty pounds personal estate," if so
certified by the selectmen; in New York, "every male
inhabitant of full age, who shall have personally resided
within one of the counties of the State for six months
immediately preceding the day of election, ... if during the
time aforesaid he shall have been a freeholder, possessing a
freehold of the value of twenty pounds within the country,
or have rented a tenement therein of the yearly value of
forty shillings, and been rated and actually paid taxes to
the State"; in New Jersey, all inhabitants ... of full age,
who are worth fifty pounds proclamation money, clear estate
in the same, and have resided in the county in which they
claim a vote for twelve months immediately preceding the
election"; in Pennsylvania, "every freeman at the age of
twenty-one years, having resided in the State two years next
before the election, and within that time paid a State or
county tax which shall have been assessed at least six
months before the election"; in Delaware and Virginia, "as
exercised by law at present"; in Maryland, "all freeman
above twenty-one years of age, having a freehold of fifty
acres of land in the county in which they offer to vote and
residing therein, and all freemen having property in the
State above the value of thirty pounds current money, and
having resided in the county in which they offer to vote one
whole year next preceding the election"; in North Carolina,
for Senators, "all freemen of the age of twenty-one years,
who have been inhabitants of any one county within the State
twelve months immediately preceding the day of election, and
possessed of a freehold within the same county of fifty
acres of land for six months next before and at the day of
election," and for members of the House of Commons, "all
freemen of the age of twenty-one years, who have been
inhabitants in any one county within the State twelve months
immediately preceding the day of any election, and shall
have paid public taxes"; in South Carolina, "every free
white man of the age of twenty-one years, being a citizen of
the State, and having resided therein two years previous to
the day of election, and who hath a freehold of fifty acres
of land, or a town lot of which he hath been legally seized
and possessed at least six months before such election, or
(not having such freehold or town lot), hath been a resident
within the election district in which he offers to give his
vote six months before said election, and hath paid a tax
the preceding year of three shillings sterling toward the
support of the Government"; and, in Georgia, such "citizens
and inhabitants of the State as shall have attained to the
age of twenty-one years, and shall have paid tax for the
year next preceding the election, and shall have resided six
months within the county."

In this condition of the law in respect to suffrage in the
several States, it can not for a moment be doubted that, if it
had been intended to make all citizens of the United States
voters, the framers of the Constitution would not have left it to
implication. So important a change in the condition of
citizenship as it actually existed, if intended, would have been
expressly declared.

But if further proof is necessary to show that no such change was
intended, it can easily be found both in and out of the
Constitution. By article 4, section 2, it is provided that "the
citizens of each State shall be entitled to all the privileges
and immunities of citizens in the several States." If suffrage is
necessarily a part of citizenship, then the citizens of each
State must be entitled to vote in the several States precisely as
their citizens are. This is more than asserting that they may
change their residence and become citizens of the State and thus
be voters. It goes to the extent of insisting that, while
retaining their original citizenship, they may vote in any State.
This, we think, has never been claimed. And again, by the very
terms of the Amendment we have been considering (the XIV).

"Representatives shall be apportioned among the several
States according to their respective numbers, counting the
whole number of persons in each State, excluding Indians not
taxed. But when the right to vote at any election for the
choice of electors for President and Vice-President of the
United States, Representatives in Congress, the Executive
and Judicial officers of a State, or the Members of the
Legislature thereof, is denied to any of the male
inhabitants of such State, being twenty-one years of age and
citizens of the United States, or in any way abridged,
except for participation in the Rebellion or other crimes,
the basis of representation therein shall be reduced in the
proportion which the number of such male citizens shall bear
to the whole number of male citizens twenty-one years of age
in such State."

Why this, if it was not in the power of the Legislature to deny
the right of suffrage to some male inhabitants? And if suffrage
was necessarily one of the absolute rights of citizenship, why
confine the operation of the limitation to male inhabitants?
Women and children are, as we have seen, "persons." They are
counted in the enumeration upon which the apportionment is to be
made; but if they were necessarily voters because of their
citizenship unless clearly excluded, why inflict the penalty for
the exclusion of males alone? Clearly, no such form of words
would have been selected to express the idea here indicated if
suffrage was the absolute right of all citizens.

And still again, after the adoption of the XIV. Amendment, it was
deemed necessary to adopt a XV., as follows: "The right of
citizens of the United States to vote shall not be denied or
abridged by the United States, or by any State, on account of
race, color, or previous condition of servitude." The XIV.
Amendment had already provided that no State should make or
enforce any law which should abridge the privileges or immunities
of citizens of the United States. If suffrage was one of these
privileges or immunities, why amend the Constitution to prevent
its being denied on account of race, etc.?



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