r Fortieth Congress took a step farther
than this, passing a law that all foreigners who had served in,
and been honorably discharged from the army, should possess the
right to vote, even though they had not previously filed
intention of naturalization, thus again proving that Congress
itself, without an amendment to the Constitution, or the
authorization of States, possessed power over the ballot. If it
has this power of securing the use of the ballot to foreigners
who have never intimated a desire to become citizens, it surely
can enfranchise its own native-born citizens irrespective of
sex. The denial of the ballot to all women by the Supreme Court,
in the person of Virginia L. Minor, under the pretense that the
United States possesses no voters in the States of its own
creation is thus shown to be a false assumption. But this is not
all.
5th and 6th. And oldest of all these classes of United States
voters are those men who vote for members of the House of
Representatives, and for Presidential Electors in the several
States.
NATIONAL CONSTITUTION.--ARTICLE 1, Section 2. The House of
Representatives shall be composed of members chosen every
second year by the people of the several States, and the
electors in each State shall have the qualifications
requisite for electors of the most numerous branch of the
State Legislature.
ARTICLE 2, Section 1, Clause 2. Each State shall appoint in
such manner as the Legislature thereof may direct, a number
of electors equal to the whole number of Senators and
Representatives to which the State may be entitled in
Congress.... Clause 3. The Congress may determine the time
of choosing the electors and the day on which they shall
give their votes; which day shall be the same throughout the
United States.
The United States by these articles guarantees: 1st. To every
person who has a right under State action to vote for the most
numerous branch of his State Legislature, the United States right
to vote at a peaceable election for members of Congress. 2d. The
United States directs the appointment of Presidential Electors,
and declares that Congress may not only determine the time of
choosing such electors, but shall also
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