Page images
PDF
EPUB

[26]

collective capacity, but through such political agencies as are duly constituted and established. The legislative power is the supreme authority except as limited by the constitution of the State, and the sovereignty of the people is exercised through their representatives in the legislature, unless by the fundamental law power is elsewhere reposed. The Constitution of the United States frequently refers to the State as a political community, and also in terms to the people of the several states and the citizens of each State. What is forbidden or required to be done by a State is forbidden or required of the legislative power under state constitutions as they exist. The clause under consideration does not read that the people or the citizens shall appoint, but that “each State shall;" and if the words "in such manner as the legislature thereof may direct" had been omitted, it would seem that the legislative power of appointment could not have been successfully questioned in the absence of any provision in the state constitution in that regard. Hence the insertion of those words, while operating as a limitation upon the State in respect of any attempt to circumscribe the leg islative power, cannot be held to operate as a limitation on that power itself.

If the legislature possesses plenary authority to direct the manner of appointment, and might itself exercise the appointing power by joint ballot or concurrence of the two houses, or according to such mode as designated, it is difficult to perceive why, if the legislature prescribes as a method of appointment choice by vote, it must necessarily be by general ticket and not by districts. In other words, the act of appointment is none the less the act of the State in its entirety because arrived at by districts, for the act is the act of political agencies duly authorized to speak for the State, and the combined result is the expression of the voice of the State, a result reached by direction of the legislature, to whom the whole subject is committed.

By the first paragraph of section two, article I. it is provided: "The House of Representatives shall be composed of Members chosen every second year by the People of the several States, and the Electors in each State shail have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature;" and by the third paragraph, "when vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies." Section four reads: "The Times, Places and Manner of holding Elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by law make or alter such Regulations, except as to the Places of chusing Senators."

Although it is thus declared that the people of the several states shall choose the members of Congress (language which induced the State of New York to insert a salvo as to the power to divide into districts in its resolutions of ratification), the state legislatures, prior to 1842, in prescribing the times, places and manner of holding elections for representatives, had usually apportioned the State into districts and assigned to each a representative; and by ac

of Congress of June 25, 1842 (carried forward as § 23 of the Revised Statutes), it was provided that where a State was entitled to more than one representative the election should be by districts. It has never been doubted that representatives in Congress thus chosen represented the entire people of the State acting in their sovereign capacity.

By original clause three of section one of article n. and by the 12th Amendment which superseded that clause, in case of a failure in the election of President by the people, the House of Representatives is to choose the President; and "the vote shall be taken by states, the representation from each State having one vote." The State acts as a unit, and its vote is given as a unit, but that vote is arrived at through the votes of its representatives in Congress elected by districts.

The State also acts individually through its electoral college, although, by reason of the power of its legislature over the manner of appointment, the vote of its electors may be divided.

The Constitution does not provide that the appointment of electors shall be by popular vote, nor that the electors shall be voted for upon a general ticket, nor that the majority of those who exercise the elective franchise can alone choose the electors. It recognizes that the people act through their representatives in the legislature, and leaves it to the legislature exclusively to define the method of effecting the object.

The framers of the Constitution employed words in their natural sense; and where they are plain and clear, resort to collateral aids to interpretation is unnecessary and cannot be indulged in to narrow or enlarge the text; but where there is ambiguity or doubt, or where two views may well be entertained, contemporaneous and subsequent practical construction are entitled to the greatest weight. Certainly, plaintiffs in error cannot reasonably assert that the clause of the Constitution uuder consideration so plainly sustains their position as to entitle them to object that contemporaneous history and practical construction are not to be allowed their legitimate force, and, conceding that their argument inspires a doubt sufficient to justify resort to the aids of interpretation thus afforded, we are of opinion that such doubt is thereby resolved against them, the contemporaneous practical exposition of the Constitution being too strong and obstinate to be shaken or controlled. Stuart v. Laird, 5 U. S. 1 Cranch, 299, 309 [2:115, 118].

It has been said that the word "appoint" is not the most appropriate word to describe the result of a popular election. Perhaps not; but it is sufficiently comprehensive to cover that mode, and was manifestly used as conveying the broadest power of determination. It was used in article v. of the Articles of Confederation, which provided that "delegates shall be annually appointed in such manner as the legislature of each State shall direct;" and in the resolution of Congress of February 21, 1787, which declared it expedient that "a convention of delegates who shall have been appointed by the several states," should be held. The appointment of delegates was, in fact, made by the legislatures directly, but that in

[27]

[28]

[29]

"

volved no denial of authority to direct some | 513), provided for the election of electors on
other mode. The Constitutional Convention, general ticket. Virginia, by Act of November
by resolution of September 17, 1787, expressed 17, 1788, was divided into twelve separate dis-
the opinion that the Congress should fix a day tricts and an elector elected in each district,
"on which electors should be appointed by while for the election of congressmen the State
the states which shall have ratified the same," was divided into ten other districts. Laws
etc., and that "after such publication, the Va. Oct. Sess. 1788, pp. 1, 2. In Massachu-
electors should be appointed, and the senators setts the general court, by resolve of November
and representatives elected.'
17, 1788, divided the State into districts for the
election of representatives in Congress, and
provided for their election December 18, 1788,
and that at the same time the qualified inhab
itants of each district should give their votes
for two persons as candidates for an elector o
President and Vice President of the United
States, and, from the two persons in each dis-
trict having the greatest number of votes, the
two houses of the general court by joint ballot
should elect one as elector, and in the same
way should elect two electors at large. Mass.
Resolves, 1788, p. 53. In Maryland, under
act of December 22, 1788, electors were elected
on general ticket, five being residents of the
Western Shore and three of the Eastern Shore.
Laws Md. 1788, chap. 10. In New Hampshire
an act was passed November 12, 1788, (Laws
N. H. 1789, p. 169) providing for the election
of five electors by majority popular vote, and
in case of no choice that the legislature should
appoint out of so many of the candidates as
equaled double the number of electors elected.
There being no choice the appointment was
made by the legislature. The senate would

The Journal of the Convention discloses
that propositions that the President should be
elected by "the citizens of the United States,"
or by the "people," or "by electors to be
chosen by the people of the several states," in-
stead of by the Congress, were voted down,
(Jour. Con. 286, 288; 1 Elliot, Deb. 208, 262,)
as was the proposition that the President
should be "chosen by electors appointed for
that purpose by the legislatures of the states,"
though at one time adopted. Jour. Con. 190;
1 Elliot, Deb. 208. 211, 217. And a motion to
postpone the consideration of the choice "by
the national Legislature," in order to take up a
resolution providing for electors to be elected
by the qualified voters in districts, was nega-
tived in committee of the whole. Jour. Con.
92; 1 Elliot, Deb. 156. Gerry proposed that
the choice should be made by the state execu-
tives; Hamilton, that the election be by electors
chosen by electors chosen by the people; James
Wilson and Gouverneur Morris were strongly
in favor of popular vote; Ellsworth and Luther
Martin preferred the choice by electors elected
by the legislatures; and Roger Sherman, ap-not agree to a joint ballot, and the house was
pointment by Congress. The final result seems
to have reconciled contrariety of views by
leaving it to the state legislatures to appoint
directly by joint ballot or concurrent separate
action, or through popular election by districts
or by general ticket, or as otherwise might be
directed.

4

Therefore, on reference to contemporaneous and subsequent action under the clause, we should expect to find, as we do, that various modes of choosing the electors were pursued, as, by the legislature itself on joint ballot; by the legislature through a concurrent vote of the two houses; by vote of the people for a general ticket; by vote of the people in districts; by choice partly by the people voting in districts and partly by the legislature; by choice by the legislature from candidates voted for by the people in districts; and in other ways, as, notably, by North Carolina in 1792 and Tennessee in 1796 and 1800. No question was raised as to the power of the State to appoint in any mode its legislature saw fit to adopt, and none that a single method, applicable without exception, must be pursued in the absence of an amendment to the Constitution. The district system was largely considered the most equitable, and Madison wrote that it was that system which was contemplated by the framers of the Constitution, although it was soon seen that its adoption by some states might place them at a disadvantage by a division of their strength, and that a uniform rule was preferable.

[ocr errors]

compelled, that the vote of the State might not
be lost, to concur in the electors chosen by the
senate. The State of New York lost its vote
through a similar contest. The assembly was
willing to elect by joint ballot of the two
branches or to divide the electors with the
senate, but the senate would assent to nothing
short of a complete negative upon the action
of the assembly, and the time for election
passed without an appointment. North Caro-
lina and Rhode Island had not then ratified the
Constitution.

Fifteen states participated in the second
Presidential election, in nine of which electors
were chosen by the legislatures. Maryland
(Laws Md. 1790, chap. xvI.; Laws 1791, chap.
LXII.), New Hampshire, (Laws N. H. 1792,
398, 401), and Pennsylvania (Laws Pa. 1792,
p. 240) elected their electors on a general ticket,
and Virginia by districts. Laws Va. 1792, p.
87. In Massachusetts the general court by
resolution of June 30, 1792, divided the State
into four districts, in each of two of which
five electors were elected, and in each of the
other two three electors. Mass. Resolves, June
1792, p. 25. Under the apportionment of April
13, 1792, North Carolina was entitled to ten
members of the House of Representatives.
The legislature was not in session and did not
meet until November 15, while under the Act
of Congress of March 1, 1792, (1 Stat. at L.
239) the electors were to assemble (on Decem-
ber 5. The legislature passed an Act dividing
the State into four districts, and directing the
At the first Presidential election the appoint- members of the legislature residing in each
ment of electors was made by the legislatures district to meet on the 25th of November and
of Connecticut, Delaware, Georgia, New Jer- choose three electors. 2 Ired. N. C. Laws,
sey, and South Carolina. Pennsylvania, by 1715 to 1800, chap. xv. of 1792. At the same
Act of October 4, 1788 (Acts Pa. 1787-'88, p.session an act was passed dividing the State

[merged small][merged small][ocr errors]

[32]

into districts for the election of electors in 1796, | and 1824; and in Maine in 1820, 1824, and
and every four years thereafter. 2 Ired. N.
C. Laws, 1715 to 1800, chap. XVI.

1828. Massachusetts used the general ticket
system in 1804 (Mass. Resolve, June 1804, p.
Sixteen states took part in the third presi- 19); chose electors by joint ballot of the legis
dential election, Tennessee having been admit- lature in 1808 and in 1816 (Mass. Resolves,
ted June 1, 1796. In nine states the electors 1808, pp. 205, 207, 209; 1816, p. 233); used the
were appointed by the legislatures, and in district system again in 1812 and in 1820 (Mass.
Pennsylvania and New Hampshire by popular Resolves, 1812, p. 94; 1820, p. 245); and re-
vote for a general ticket. Virginia, North turned to the general ticket system in 1824.
Carolina and Maryland elected by districts. (Mass. Resolves, 1824, p. 40). In New York
The Maryland law of December 24, 1795, was the electors were elected in 1828 by districts, the
entitled An Act to Alter the Mode of Elect- district electors choosing the electors at large.
ing Electors," and provided for dividing the N. Y. Rev. Stat. 1827, title vi., p. 24. The ap-
State into ten districts, each of which dis- pointment of electors by the legislature, instead
tricts should elect and appoint one person, of by popular vote, was made use of by North
being a resident of the said district, as an Carolina, Vermont and New Jersey in 1812.
elector." Laws Md. 1795, chap. LXXIII. In 1824 the electors were chosen by popular
Massachusetts adhered to the district system, vote, by districts, and by general ticket, in all
electing one elector in each Congressional dis- the states excepting Delaware, Georgia, Louis-
trict by a majority vote. It was provided that iana, New York, South Carolina, and Ver-
if no one had a majority, the legislature should mont, where they were still chosen by the
make the appointment on joint ballot, and the legislature. After 1832 electors were chosen
legislature also appointed two electors at large by general ticket in all the states excepting
in the same manner. Mass. Resolves, June, South Carolina, where the legislature chose
1796, p. 12. In Tennessee an act was passed them up to and including_1880. Journals
August 8, 1796, which provided for the elec- 1860, Senate, pp. 12, 13; House, 11, 15, 17.
tion of three electors, "one in the district of And this was the mode adopted by Florida in
Washington, one in the district of Hamilton, 1868 (Laws 1868, p. 166), and by Colorado in
and one in the district of Mero," and, "that 1876, as prescribed by § 19 of the schedule to
the said electors may be elected with as little the constitution of the State, which was ad-
trouble to the citizens as possible," certain per-mitted into the Union August 1, 1876.
sons of the counties of Washington, Sullivan, Laws Col. 1877, pp. 79, 990.*
Green and Hawkins were named in the act Mr. Justice Story, in considering the subject
and appointed electors to elect an elector for in his Commentaries on the Constitution, and
the district of Washington; certain other per-writing nearly fifty years after the adoption of
sons of the counties of Knox, Jefferson, Sevier,
and Blount were by name appointed to elect
an elector for the district of Hamilton; and cer-
tain others of the counties of Davidson, Sum-
ner, and Tennessee to elect an elector for the
district of Mero. Laws Tenn. 1794, 1803, p.
109; Acts 2d Sess. 1st Gen. Assembly, Tenn.
chap. 4. Electors were chosen by the persons
thus designated.

In the fourth presidential election, Virginia, under the advice of Mr. Jefferson, adopted the general ticket, at least "until some uniform mode of choosing a President and Vice President of the United States shall be prescribed by an amendment to the Constitution." Laws Va. 1799, 1800, p. 3. Massachusetts passed a resolution providing that the electors of that State should be appointed by joint ballot of the senate and house. Mass. Resolves, June, 1800, p. 13. Penusylvania appointed by the Legislature, and upon a contest between the senate and house, the latter was forced to yield to the senate in agreeing to an arrangement which resulted in dividing the vote of the electors. 26 Niles Reg. 17. Six states, however, chose electors by popular vote, Rhode Island supplying the place of Pennsylvania, which had theretofore fol. lowed that course. Tennessee, by Act of October 26, 1799, designated persons by name to choose its three electors as under the Act of 1796. Laws Tenn. 1794-1803, p. 211; Acts 2d Sess. 2d Gen. Assembly Tenn. chap. XLVI. Without pursuing the subject further, it is sufficient to observe that, while most of the states adopted the general ticket system, the district method obtained in Kentucky until 1824, in Tennessee and Maryland until 1832, in Indiana in 1824 and 1828; in Illinois in 1820

Gen.

that instrument, after stating that "in some
states the legislatures have directly chosen the
electors by themselves; in others, they have
been chosen by the people by a general ticket
throughout the whole State; and in others, by
the people by electoral districts, fixed by the
legislature, a certain number of electors being
apportioned to each district," adds: "No
question has ever arisen as to the constitutionali-
ty of either mode, except that by a direct choice
by the legislature. But this, though often
doubted by able and ingenious minds (3 Elliot,
Deb. 100, 101), has been firmly established in
practice ever since the adoption of the Consti-
tution, and does not now seem to admit of
controversy, even if a suitable tribunal existed
to adjudicate upon it." And he remarks that
"it has been thought desirable by many states-
men to have the Constitution amended so as to
provide for a uniform mode of choice by the
people." Story, Const. 1st ed. § 1466.

Such an amendment was urged at the time
of the adoption of the 12th Amendment, the
suggestion being that all electors should be
chosen by popular vote, the states to be divided
for that purpose into districts. It was brought

* See Stanwood on Presidential Elections (3d
ed.) and Appleton's Presidential Counts, passim:
2 Lalor's Enc. Pol. Science, 68: 4 Hild. Hist. 0.
S. (Rev. Ed.) 39, 382, 689; 5 Hild. Hist. U. S. 389. 531;
1 Schouler's Hist. U. S. 72, 334; 2 Schouler's Hist. U.
S. 184; 3 Schouler's Hist. U. S. 313, 439; 2 Adams'

Hist. U. S. 201: 4 Adams' Hist. U. S. 285: 6 Adams'
Hist. U. S. 409, 413: 9 Adams' Hist. U. S. 139; 1 Mc-
Master's Hist. People U. S. 525; 2 McMaster's Hist.
People U. S. 85, 509; 3 McMaster's Hist. People U.S.
188, 189. 194. 317; 2 Scarf's Hist. Md. 547; 2 Bradford's
Mass. 335; Life of Plumer, 104: 3 Niles' Register, 160.
5 Niles' Register, 372: 9 Niles' Register, 319, 349; 10
Niles' Register, 45, 177, 409; 11 Niles' Register, 296.

[33]

[34]

[35]

up again in Congress in December, 1813, but the resolution for submitting the amendment failed to be carried. The amendment was renewed in the House of Representatives in December, 1816, and a provision for the division of the states into single districts for the choice of electors received a majority vote, but not two thirds. Like amendments were offered in the Senate by Messrs. Sanford of New York, Dickerson of New Jersey and Macon of North Carolina. December 11, 1823, Senator Benton introduced an amendment providing that each legislature should divide its State into electoral districts, and that the voters of each district "should vote, in their own proper persons," for President and Vice President, but it was not acted upon. December 16, and December 24, 1823, amendments were introduced in the Senate by Messrs. Dickerson of New Jersey and Van Buren of New York, requiring the choice of electors to be by districts, but these and others failed of adoption, although there was favorable action in that direction by the Senate in 1818, 1819 and 1822. December 22, 1823, an amendment was introduced in the House by Mr. McDuffie of South Carolina, providing that electors should be chosen by districts assigned by the legislatures but action was not taken.* The subject was again brought forward in 1835, 1844, and subsequently, but need not be further dwelt upon, except that it may be added that, on the 28th of May, 1874, a report was made by Senator Morton, chairman of the Senate Committee on Privileges and Elections, recommending an amendment dividing the states into electoral districts, and that the majority of the popular vote of each district should give the candidate one presidential vote, but this also failed to obtain action. In this report it was said: "The appointment of these electors is thus placed absolutely and wholly with the legislatures of the several states. They may be chosen by the legislature, or the legislature may provide that they shall be elected by the people of the State at large, or in districts, as are members of Congress, which was the case formerly in many states; and it is no doubt competent for the legislature to authorize the governor, or the supreme court of the State, or any other agent of its will, to appoint these electors. This power is conferred upon the legislatures of the states by the Constitution of the United States, and cannot be taken from them or modified by their state constitutions any more than can their power to elect Senators of the United States. Whatever provisions may be made by statute, or by the state constitution, to choose electors by the people, there is no doubt of the right of the legislature to resume the power at any time, for it can neither be taken away nor abdicated." Senate Rep. 1st Sess. 43d Cong. No. 395.

From this review, in which we have been assisted by the laborious research of counsel, and which might have been greatly expanded, it is seen that from the formation of the government until now the practical construction of the clause has conceded plenary power to

1 Benton's Thirty Years View. 37: 5 Bent. Cong Deb. 110, 677; 7 Bent. Cong. Deb. 472-74, 600; 3 Niles Reg. 240, 334: 11 Niles Reg. 258, 274, 293, 349; Annals Cong. (1812–13), 847.

the state legislatures in the matter of the ap pointment of electors.

Even in the heated controversy of 1876-'77 the electoral vote of Colorado cast by electors chosen by the legislature passed unchallenged; and our attention has not been drawn to any to any previous attempt to submit to the courts the determination of the constitutionality of state action.

In short, the appointment and mode of appointment of electors belong exclusively to the states under the Constitution of the United States. They are, as remarked by Mr. Justice Gray in Re Green, 134 U. S. 377, 379 [33: 951, 952] "no more officers or agents of the United States than are the members of the state legis. latures when acting as electors of Federal senators, or the people of the states when act ing as the electors of representatives in Congress." Congress is empowered to determine the time of choosing the electors and the day on which they are to give their votes, which is required to be the same day throughout the United States, but otherwise the power and jurisdiction of the State is exclusive, with the exception of the provisions as to the number of electors and the ineligibility of certain persons, so framed that congressional and Federa! influence might be excluded.

The question before us is not one of policy but of power, and while public opinion had gradually brought all the states as matter of fact to the pursuit of a uniform system of popular election by general ticket, that fact does not tend to weaken the force of contemporaneous and long continued previous practice when and as different views of expediency prevailed. The prescriptlon of the written law cannot be overthrown because the states have latterly exercised in a particular way a power which they might have exercised in some other way. The construction to which we have referred has prevailed too long and been too uniform to justify us in interpreting the language of the Constitution as conveying any other meaning than has heretofore been ascribed, and must be treated as decisive.

It is argued that the district mode of choosing electors, while not obnoxious to constitutional objection, if the operation of the electoral system had conformed to its original object and purpose, had become so in view of the practical working of that system. Doubtless it was supposed that the electors would exercise a reasonable independence and fair judgment in the selection of the Chief Executive, but experience soon demonstrated that, whether chosen by the legislatures or by popular suffrage on general ticket or in districts, they were so chosen simply to register the will of the appointing power in respect of a particular candidate. In relation, then, to the independence of the electors the original expectation may be said to bave been frustrated. Miller, Const. Law, 149; Rawle, Const. 55; Story, Const. § 1473, The Federalist, No. 68. But we can perceive no reason for holding that the power confided to the states by the Constitu tion has ceased to exist because the operation of the system has not fully realized the hopes of those by whom it was created. Still less can we recognize the doctrine, that because the Constitution has been found in the march

[36]

[37]

[38]

of time sufficiently comprehensive to be appli- | 8. 21 Wall. 162 [22: 627], that the right of
cable to conditions not within the minds of its suffrage was not necessarily one of the priv
framers, and not arising in their time, it may ileges or immunities of citizenship before th
therefore, be wrenched from the subjects ex-adoption of the 14th Amendment, and that
pressly embraced within it, and amended by that amendment does not add to these privileges
judicial decision without action by the desig- and immunities, but simply furnishes an ad-
nated organs in the mode by which alone ditional guaranty for the protection of such as
amendments can be made.
the citizen already has: that at the time of the
adoption of that amendment, suffrage was not
coextensive with the citizenship of the State;
nor was it at the time of the adoption of the
Constitution; and that neither the Constitution
nor the 14th Amendment made all citizens
voters.

Nor are we able to discover any conflict between this act and the 14th and 15th amendments to the Constitution. The 14th Amendment provides:

"SEC. 1. 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

"SEC. 2. Representatives shall be appor tioned 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 rebellion, or other crime, 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."

The first section of the 15th Amendment reads: "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 ac count of race, color, or previous condition of servitude."

The 15th Amendment exempted citizens of the United States from discrimination in the exercise of the elective franchise on account of race, color, or previous condition of servitude. The right to vote in the states comes from the states, but the right of exemption from the prohibited discrimination comes from the United States. The first has not been granted or secured by the Constitution of the United States, but the last has been. United States v. Cruikshank, 92 U. S. 542 [23: 588]; United States v. Reese, 92 U. S. 214 [23: 563].

The

If because it happened, at the time of the
adoption of the 14th Amendment, that those
who exercised the elective franchise in the
State of Michigan were entitled to vote for all
the presidential electors, this right was ren-
dered permanent by that amendment, then the
second clause of article II. has been so amend-
ed that the states can no longer appoint in
such manner as the legislatures thereof may
direct; and yet no such result is indicated by
the language used nor are the amendments
necessarily inconsistent with that clause
first section of the 14th Amendment does not
refer to the exercise of the elective franchise,
though the second provides that if the right to
vote is denied or abridged to any male inhabi-
tant of the State having attained majority and
being a citizen of the United States, then the
basis of representation to which each State is
entitled in the Congress shall be proportion-
ately reduced. Whenever presidential electors
are appointed by popular election, then the
right to vote cannot be denied or abridged
without invoking the penalty, and so of the
right to vote for representatives in Congress,
the executive and judicial officers of a State,
or the members of the legislature thereof.
The right to vote intended to be protected
refers to the right to vote as established by the
laws and constitution of the State. There is
no color for the contention that under the
amendments every male inhabitant of the
State being a citizen of the United States has
from the time of his majority a right to vote
for presidential electors.

In Slaughter House Cases, 83 U. S. 16 Wall. 36,
[21: 394] this court held that the first clause of
the 14th article was primarily intended to
confer citizenship on the negro race; and,
secondly, to give definitions of citizenship of
the United States, and citizenship of the
states, and it recognized the distinction be-
tween citizenship of a State and citizenship of
the United States by those definitions; that the
privileges and immunities of citizens of the
states embrace generally those fundamental
civil rights for the security and establishment
of which organized society was instituted, and
which remain, with certain exceptions men- The object of the 14th Amendment in re-
tioned in the Federal Constitution, under the spect of citizenship was to preserve equality of
care of the state governments; while the priv-rights and to prevent discrimination as between
ileges and immunities of citizens of the United
States are those which arise out of the nature
and essential character of the national govern-
ment, the provisions of its Constitution, or its
laws and treaties made in pursuance thereof;
and that it is the latter which are placed under
the protection of Congress by the second
clause of the 14th Amendment.

We decided in Minor v. Happersett, 88 U.

citizens, but not to radically change the whole
theory of the relations of the state and Federal
governments to each other, and of both gov-
ernments to the people. Re Kemmler, 136 U.
S. 436 [34: 519].

The inhibition that no State shall deprive
any person within its jurisdiction of the equal
protection of the laws was designed to prevent
any person or class of persons from being

[39]

« ՆախորդըՇարունակել »