r this subject in the States, whether past, present,
or future, which is contrary to the amendments. The amendments
would even arrest the action of the Supreme Court in cases
pending before it prior to their adoption, and operate as an
absolute prohibition to the exercise of any other jurisdiction
than merely to dismiss the suit. 3 Dall., 382; 6 Wheaton, 405; 9
ib., 868; 3d Circ. Pa., 1832.

And if the restrictions contained in the Constitution as to
color, race or servitude, were designed to limit the State
governments in reference to their own citizens, and were intended
to operate also as restrictions on the federal power, and to
prevent interference with the rights of the State and its
citizens, how, then, can the State restrict citizens of the
United States in the exercise of rights not mentioned in any
restrictive clause in reference to actions on the part of those
citizens having reference solely to the necessary functions of
the General Government, such as the election of representatives
and senators to Congress, whose election the Constitution
expressly gives Congress the power to regulate? S. C., 1847; Fox
vs. Ohio, 5 Howard, 410.

Your memorialist complains of the existence of State laws, and
prays Congress, by appropriate legislation, to declare them, as
they are, annulled, and to give vitality to the Constitution
under its power to make and alter the regulations of the States
contravening the same.

It may be urged in opposition that the courts have power, and
should declare upon this subject. The Supreme Court has the
power, and it would be its duty so to declare the law: but the
court will not do so unless a determination of such point as
shall arise make it necessary to the determination of a
controversy, and hence a case must be presented in which there
can be no rational doubt. All this would subject the aggrieved
parties to much dilatory, expensive and needless litigation,
which your memorialist prays your honorable body to dispense with
by appropriate legislation, as there can be no purpose in special
arguments "_ad inconvenienti_," enlarging or contracting the
import of the language of the Constitution.

_Therefore_, Believing firmly in the right of citizens to freely
approach those in whose hands their dest