not repeal it. The United States repealed this
property prohibition, by creating a class of United States voters
out of colored men. So here is one class of United States voters,
and a clear mistake on the part of Chief-Justice Waite and the
Supreme Court. But the United States has often exercised its
power over the ballot more directly than through constitutional
amendments; for,
2d. Every Southern man disfranchised because of having taken part
in the war, and who has since been granted amnesty, has again
been made a voter through United States law; all such men then
became United States voters. Here is a second class of United
States voters, and a second mistake of Chief Justice Waite and
the Supreme Court. It may be answered that the revolted States
were in the condition of Territories at the time of this
disfranchisement, and therefore under direct control of the
National Government. Admitting this, we still know that general
amnesty was granted after reconstruction; after State forms of
government had again been organized, the nation exercised its
power over the ballot by restoring thousands of men to their
political rights--to citizenship. And from the general law of
amnesty for the rank and file, the leaders in the rebellion were
again and again, by special Acts of Congress, re-endowed with the
ballot. No amendment was submitted or expected. The authority of
Congress thus to restore to these men the use of the ballot was
unquestioned.
3d. The naturalized foreigner secures his right to vote under
United States law, and can not vote unless he first becomes an
United States citizen, or announces his intention of so becoming.
In Missouri, Nebraska, and some other States, the declaration of
such intention permits him to vote. This is a State regulation,
but the fact of his United States citizenship must in some form
first exist. In the naturalized man is a third class of United
States voters. With one and the same hand he at the same moment
picks up his naturalization papers and his ballot. It matters not
what the State law may be, the foreigner secures his vote under
United States law. And here is a third class of United States
voters and a third mistake of Chief-Justice Waite and the Supreme
Court.
4th. The Thirty-ninth o
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