olly
untouched, by my construction of it. Neither do I think the
position tenable which has been taken by one tribunal, to which
the consideration of this subject was presented, that the
constitutional provision does not execute itself. The provisions
on which we rely were negative merely, and were designed to
nullify existing as well as any future State legislation
interfering with our rights. This result was accomplished by the
constitution itself. Undoubtedly before we could exercise our
right, it was necessary that there should be a time and place
appointed for holding the election and proper officers to hold
it, with suitable arrangements for receiving and counting the
votes. All this was properly done by existing laws, and our right
being made complete by the Constitution, no further legislation
was required in our behalf. When the State officers attempted to
interpose between us and the ballot-box the State Constitution or
State law, whether ancient or recent, abridging or denying our
equal right to vote with other citizens, we had but to refer to
the United States Constitution, prohibiting the States from
enforcing any such constitutional provision or law, and our
rights were complete; we needed neither Congressional nor State
legislation in aid of them. The opinion of Mr. Justice Bradley,
in a case in the United States Circuit Court in New Orleans (1
Abb. U. S. Rep., 402) would seem to be decisive of this question,
although the right involved in that case was not that of the
elective franchise. The learned Justice says:

It was very ably contended on the part of the defendants
that the XIV. Amendment was intended only to secure to all
citizens equal capacities before the law. That was at first
our view of it. But it does not so read. The language is:
"No State shall abridge the privileges or immunities of
citizens of the United States." What are the privileges and
immunities of citizens? Are they capacities merely? Are they
not also rights?

Senator Carpenter, who took part in the discussion of the XIV.
Amendment in the Senate, and aided in its passage, says:

The XIV. Amendment executes itself in every State of the
Union.... It is thus the will of the United States in every