es the very point in controversy, and it
fails to notice the distinction between "the rights of
citizenship which a State may confer within its own limits, and
the rights of citizenship as a member of the Union."
(Chief-Justice Taney in Scott _vs._ Sandford, 19 Howard, 405.)

"The difference," says Judge Cooley (Story on Constitution,
section 1937), "is in a high degree important." And while it may
be true that the voter himself rarely, if ever, thinks of any
difference between his vote for State and for Federal officers,
yet, in law, there is a wide distinction.

In the one case he exercises the franchise under one jurisdiction
or sovereignty, and in the other under a totally different one.
In voting for Federal officers he exercises the freeman's right
to take part in the government of his own creation, and he does
this in contemplation of law, in his character or capacity of a
citizen of the United States, and his right so to vote legally
depends upon such status or character. Clearly, then, the right
of a citizen of the United States to vote for Federal officers
can only be exercised under the authority or sovereignty of the
United States, not under some other authority or sovereignty, and
consequently the citizen of the United States could not justly
have been deprived of such right by the State, even before the
adoption of the XIV. Amendment.

But whatever doubt there may have been as to this, we hold that
the adoption of the XIV. Amendment put an end to it and placed
the matter beyond controversy. The history of that Amendment
shows that it was designed as a limitation on the powers of the
States, in many important particulars, and its language is clear
and unmistakable. "No State shall make or enforce any law which
shall abridge the privileges and immunities of citizens of the
United States." Of course all the citizens of the United States
are by this protected in the enjoyment of their privileges and
immunities. Among the privileges, that of voting is the highest
and greatest. To an American citizen there can be none greater or
more highly to be prized; and the preservation of this privilege
to the citizens of the United States respectively is, by this
Amendment, placed under the immediate supervision and care of the
Governmen