from their language. They must be presumed to have known
that the "privileges and immunities" of citizens which were secured to
them by the first section beyond the power of abridgment by the States,
gave them the right to exercise the elective franchise, and they
certainly cannot be presumed to have understood that the second section,
which was also _designed to be restrictive_ upon the States, would be
held to confer by implication a power upon them, which the first section
in the most express terms prohibited.

It has been, and may be again asserted, that the position which I have
taken in regard to the second section is inadmissible, because it
renders the section nugatory. That is, as I hold, an entire mistake. The
leading object of the second section was the readjustment of the
representation of the States in Congress, rendered necessary by the
abolition of chattel slavery [_not of political slavery_], effected by
the thirteenth amendment. This object the section accomplishes, and in
this respect it remains wholly untouched, by my construction of it.

Neither do I think the position tenable which has been taken by one
tribunal, to which the consideration of this subject was presented, that
the constitutional provision does not execute itself.

The provisions on which we rely were negative merely, and were designed
to nullify existing as well as any future State legislation interfering
with our rights. This result was accomplished by the constitution
itself. Undoubtedly before we could exercise our right, it was necessary
that there should be a time and place appointed for holding the election
and proper officers to hold it, with suitable arrangements for receiving
and counting the votes. All this was properly done by existing
laws, and our right _being made complete by the Constitution, no further
legislation was required in our behalf_. When the State officers
attempted to interpose between us and the ballot-box the State
Constitution or State law, whether ancient or recent, abridging or
denying our equal right to vote with other citizens, we had but to refer
to the United States Constitution, prohibiting the States from enforcing
any such constitutional provision or law, and our rights were complete;
we needed neither Congressional nor State legislation in aid of them.

The opinion of Mr. Justice Bradley, in a case in the United States
Circuit Court in New Orleans (_1 Abb. U.S. Rep. 402_) would seem to be
de