was to still
further protect the negro race, the IX. Amendment to the
Constitution effectually puts an end to the application of this
principle by declaring that the enumeration in the Constitution
of certain rights shall not be construed to deny or disparage
others retained by the people. And Mr. Justice Story, in his
Commentary says, Sec. 1905:

This clause was manifestly introduced to prevent any
perverse or ingenious misapplication of the well-known
maxim, that an affirmative in particular cases implies a
negative in all others; and, _e converso_, that a negative
in particular cases implies an affirmative in all others.
The maxim, rightly understood, is perfectly sound and safe;
but it has often been forced from its natural meaning into
the support of the most dangerous political heresies. The
Amendment was undoubtedly suggested by the reasoning of the
Federalist on the subject of a general bill of rights and
trial by jury. Federalist No. 83-84.

We ask the court to consider what it is to be disfranchised; not
this plaintiff only, but an entire class of people, utterly
deprived of all voice in the government under which they live! We
say it is to her, and to them, a Despotism, and not a Republic.
What matters it that the tyranny be of many instead of one?
Society shudders at the thought of putting a fraudulent ballot
into the ballot-box! What is the difference between putting a
fraudulent ballot in, and keeping a lawful ballot out? Her
disfranchised condition is a badge of servitude. [Mr. Justice
Bradley in the Grant parish case.] Take one illustration,
evidenced by a recent decision of the Supreme Court of Missouri,
in Clark _vs._ The National Bank of the State of Missouri, 47 Mo.
Rep., 1. We use our own words, but we state it correctly; that a
married woman can not, by the law of Missouri, own a dollar's
worth of personal property, except by the consent of another! it
makes no difference that that other is her husband. This, it is
true, is a State law, a matter exclusively of State legislation;
but we mention it to show how utterly helpless and powerless her
condition is without the ballot.

Either we must give up the principles announced in the
Declaration of Independ