An Account of the Proceedings on the Trial of Susan B. Anthony, on the Charge of Illegal Voting, at the Presidential Election in Nov., 1872, and on the Trial of Beverly W. Jones, Edwin T. Marsh, and William B. Hall, the Inspectors of Election by Whom Her Vote was Received.Anonymous
History
An Account of the Proceedings on the Trial of Susan B. Anthony, on the Charge of Illegal Voting, at the Presidential Election in Nov., 1872, and on the Trial of Beverly W. Jones, Edwin T. Marsh, and William B. Hall, the Inspectors of Election by Whom Her Vote was Received.
Anonymous
Anthony, Susan B. (Susan Brownell), 1820-1906 -- Trials, litigation, etc.; Election law -- United States; Women -- Suffrage -- United States
In regard to the fifteenth amendment, I shall only say, that if my
interpretation of the fourteenth amendment is correct, there was still
an object to be accomplished and which was accomplished by the
fifteenth. The prohibition of any action abridging the privileges and
immunities of citizens, contained in the fourteenth amendment, applies
only to the States, and leaves the United States government free to
abridge the political privileges and immunities of citizens of the
United States, as such, at its pleasure. By the fifteenth amendment both
the United States and the State governments, are prohibited from
exercising this power, "on account of race, color, or previous
condition of servitude" of the citizen.
The first remark to be made upon the second section of the fourteenth
amendment is, that it does not give and was not designed to give to the
States any power to deny or abridge the right of any citizen to exercise
the elective franchise. So far as it touches that subject, it was
designed to be restrictive upon the States. It gives to them no power
whatever. It takes away no power, but it gives none, and if the States
possess the power to deny or abridge the right of citizens to vote, it
must be derived from some other provision of the constitution. I believe
none such can be found, which was not necessarily abrogated by the first
section of this amendment.
It may be conceded that the persons who prepared this section supposed,
that, by other parts of the constitution, or in some other way, the
States would still be authorized, notwithstanding the provisions of the
first section, to deny to the citizens the privilege of voting, as
mentioned in the second section; but their mistake cannot be held to add
to, or to take from the other provisions of the constitution. It is very
clear that they did not intend, by this section, _to give_ to the States
any such power, but, believing that the States possessed it, they
designed to hold the prospect of a reduction of their representation in
Congress _in terrorem_ over them to prevent them from exercising it.
They seem not to have been able to emancipate themselves from the
influence of the original constitution which conceded this power to the
States, or to have realized the fact that the first section of the
amendment, when adopted, would wholly deprive the States of that power.
Public-domain text, read in full here on John Shaqi.
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