cations you shall never vote, is of
the very essence of despotism. It is a bill of attainder of
the most odious character.

A further investigation of the subject will show that the
language of the constitutions of all the States, with the
exception of those of Massachusetts and Virginia, on the
subject of suffrage is peculiar. They almost all read
substantially alike: "White male citizens, etc., shall be
entitled to vote," and this is supposed to exclude all other
citizens. There is no direct exclusion, except in the two
States above named. Now the error lies in supposing that an
enabling clause is necessary at all. The right of the people
of a State to participate in a government of their own
creation requires no enabling clause; neither can it be
taken from them by implication. To hold otherwise would be
to interpolate in the constitution a prohibition that does
not exist. In framing a constitution the people are
assembled in their sovereign capacity; and being possessed
of all rights and all powers, what is not surrendered is
retained. Nothing short of a direct prohibition can work a
disseizin of rights that are fundamental. In the language of
John Jay to the people of New York, urging the adoption of
the Constitution of the United States, "silence and blank
paper neither give nor take away anything," and Alexander
Hamilton says (_Federalist_, No. 83), "Every man of
discernment must at once perceive the wide difference
between silence and abolition."

The mode and manner in which the people shall take part in
the government of their creation may be prescribed by the
constitution, but the right itself is antecedent to all
constitutions. It is inalienable, and can neither be bought,
nor sold, nor given away. But even if it should be held that
this view is untenable, and that women are disfranchised by
the several State constitutions directly, or by implication,
then I say that such prohibitions are clearly in conflict
with the Constitution of the United States, and yield
thereto. The language of that instrument is clear and
emphatic: "All persons born o