fference of time, they permit him to enjoy? I have
stated the question at length for the purpose of letting the
Senator from California answer it more fully.
Mr. SARGENT: Mr. President, I do not think the Constitution
prevents a regulation of the power to vote. The States
unquestionably have a right to fix the time when voting shall
take place, to fix the places where the voting shall be done, and
they have the right to fix the age at which voting shall be
exercised. But under the Constitution they have no power to
prescribe a test which is not equally attainable by all persons.
They have no right to say that only white men shall vote, for
that would exclude black men. They have no right to say that only
black men shall vote, for that would exclude white men. They have
no right to say that only men shall vote, for that would exclude
women. The Constitution says that all shall be put on an equality
in this respect, that any test which may be required shall apply
to all alike, men and women, black or white.
Mr. BAYARD: But the law does no such thing. There are classes,
and a very large and great class in the State that the Senator
represents, who can not become citizens of the United States and
can not vote there.
Mr. SARGENT: Why not?
Mr. BAYARD: Because of their race; because they are Asiatics and
not Africans.
Mr. SARGENT: The Constitution of the United States does not
prevent it.
Mr. BAYARD: No; but the law of Congress prevents it. The Senator
says these are all entitled under the law.
Mr. SARGENT: I will not detain the Senate now on the point
referred to by the Senator. He has shifted his ground and I will
not follow him. Whenever legislation comes up on that subject I
will discuss it. They are not citizens of the United States. I am
dealing now with citizens whose privileges and immunities as such
no one has a right to abridge.
Mr. FERRY, of Michigan: It is not my intention to speak on the
merits of this proposition; but inasmuch as the Senator from
Maine (Mr. Morrill) has raised the question of consistency and
appealed to his record, it reminds me of the fact that the
question of woman suffrage appeared as early, I think, as 1858,
before the Legislature of Michigan. I had the honor of holding a
seat
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