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An Account of the Proceedings on the Trial of Susan B. Anthony, on the Charge of Illegal Voting

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first section, that "That the right of citizens of the United States to vote, shall not be denied or abridged by the United States or by any State, on account of race, color or previous condition of servitude." Section two enacts, that "_The Congress shall have power to enforce this Article by appropriate legislation._" These are the provisions of the Constitution relied on to support the legislation of Congress now before this Court. Some features of that legislation may be constitutional and valid. Whether this be so or not, it is not necessary now to determine. The question here is, has Congress, by either of these amendments, been clothed with the power, to pass laws to punish inspectors of elections in this State for receiving the votes of women? The thirteenth amendment simply abolishes slavery, and authorizes such legislation as shall be necessary to make that enactment effectual. The power in question is not found there. The fourteenth amendment defines who are citizens of the United States, and prohibits the States from making or enforcing "_any law which shall abridge the privileges or immunities_" of such citizens. Either the right to vote is one of the "_privileges or immunities_" of
The Idiot

THE IDIOT by JOHN KENDRICK BANGS Author of "Coffee and Repartee" "The Water Ghost, and Others" "Three Weeks in Politics" Etc. Illustrated New York Harper & Brothers Publishers 1895 Copyright, 1895, by Harper & Brothers.
the United States citizen, which the states are forbidden to abridge, or it is not. If it is, then the women whose votes these defendants received, being citizens of the United States, and in every other way qualified to vote, possessed the right to vote, and their votes were rightfully received. If it is not, then the fourteenth amendment confers no power upon Congress, to legislate, on the subject of voting in the States. There is no other clause or provision of that amendment which can by any possibility confer such power--a power which cannot be implied, but which, if it exist, must be expressly given in some part of the Constitution, or clearly needed to carry into effect some power that is expressly given. No such power is conferred by the fifteenth amendment. That amendment operates upon the States and upon the United States, and not upon the citizen. "The right of citizens of the United States to vote, shall not be denied or abridged by 'THE UNITED STATES OR BY ANY STATE.'" The terms "_United States_" and "State," as here used, mean the government of the United States and of the States. They do not apply to individuals or to offenses committed by individuals, but only to acts done by the State or the United States. But at any rate, the operation of this amendment, and the power given to Congress to enforce it, is limited to offenses committed in respect of depriving persons of the right to vote because of their "_race, color, or previous condition of servitude_."