must include the less, and if
all were already protected, why go through with the form of
amending the Constitution to protect a part?
It is sometimes perilous in argument to ask questions--we will
answer the Court in its own words. In the Slaughter-house cases,
the Court then said:
A few years' experience satisfied the thoughtful men who had
been the authors of the other two amendments, that,
notwithstanding the restraints of those articles on the
States, and the laws passed under the additional powers
granted to Congress, these were inadequate for the
protection of life, liberty, and property, without which
freedom to the slave was no boon. They were in all those
States denied the right of suffrage. The laws were
administered by the white man alone. It was urged that a
race of men distinctively marked as was the negro, living in
the midst of another and dominant race, could never be fully
secured in their person and their property without the right
of suffrage. Hence the XV. Amendment, which declares that
the right of a citizen of the United States to vote shall
not be denied or abridged by any State on account of race,
color, or previous condition of servitude. The negro having,
by the XIV. Amendment, been declared to be a citizen of the
United States, is thus made a voter in every State of the
Union. (16 Wallace, 71.)
For the present argument, it is immaterial whether this result is
effected by the XIV., or XV. Amendment, or both. The point is,
that the Supreme Court here declares the negro to be a voter in
every State of the Union, by virtue of one or both amendments. He
is made a voter (a Federal voter) by the law of the United
States, and not by the State law. Being made a citizen of the
United States, he is thus made a voter in every State of the
Union. This is the very gist of the matter. The whole principle
is summed up in these few words. The franchise is an incident of
the status, or condition of citizenship. Freedom alone was not
enough. The XIII. Amendment made the negro free, but citizenship
was additionally necessary before he became a voter. As soon as
that was achieved, in that moment the franchise followed; to
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