s attempt in the same sentence, "the
elective franchise is a fundamental right of the citizen, and it
is not a fundamental right." It is a "fundamental right,"
provided the State sees fit to grant the right. It is a
"fundamental right of the citizen," but it does not exist, unless
the laws of the State give it. A singular species of "fundamental
rights!" Is there not a clear distinction between the regulation
of a right and its destruction? The State may regulate the right,
but it may not destroy it.

What is the meaning of "regulate" and "establish?" Webster says:
Regulate--to put in good order. Establish--to make stable or
firm. This decision then is, that "the elective franchise is a
fundamental right of the citizen of all free governments, to be
enjoyed by the citizen, under such laws as the State may enact to
regulate the right and make it stable or firm." Chancellor Kent,
in the section referred to, in giving the substance of this
opinion, leaves out the word establish, regarding the word
regulate as sufficiently giving the meaning of the Court. This
case is, in our opinion, a very strong one against the theory of
the majority of the Committee.

The Committee cite the language of Mr. Webster, as counsel in
United States _vs._ Primrose. We indorse every word in that
extract. We do not claim that a citizen of Pennsylvania can go
into Virginia and vote in Virginia, being a citizen of
Pennsylvania. No person has ever contended for such an absurdity.
We claim that when the citizen of the United States becomes a
citizen of Virginia, the State of Virginia has neither right nor
power to abridge the privileges of such citizen by denying him
entirely the right of suffrage, and thus all political rights.
The authorities cited by the majority of the Committee do not
seem to meet the case--certainly do not sustain their theory.

The case of Cooper _vs._ The Mayor of Savannah (4 Geo., 72),
involved the question whether a free negro was a citizen of the
United States? The Court, in the opinion, says:

Free persons of color have never been recognized as citizens
of Georgia; they are not entitled to bear arms, vote for
members of the legislature, or hold any civil office; they
have no political rights, but have personal right