Abbildungen der Seite
PDF
EPUB
[blocks in formation]

from disability; but I believe, in no single instance, since the act of May, 1872, have disabilities been taken from any man unless on his respectful petition to Congress asking that they should be removed; and I believe, that in no instance, except one, has such a petition been refused. I have had occasion, by conferences with the Departments of Navy and War, and by reference to some other records, to be able to state to the House, with more accuracy than has been already stated, the number of gentlemen who are still under disabilities. Those who were officers of the United States army, educated at the expense of the Government at West Point, and who joined the rebellion, and are still under disabilities, are estimated at the War Department at 325. The number of such persons in the navy are 295, and those coming under the other heads, members of the Thirty-sixth and Thirty-seventh Congresses, judges, heads of departments, and foreign ministers, I am not able to give the number exactly, but the whole number of persons now under disability in the South is about 750. (Speech of Mr. Blaine, on his amendment to exclude Jefferson Davis from general amuesty, January, 1876.)

SECTION 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations, and claims shall be held illegal and void.

SECTION 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

ARTICLE XV.

SECTION 1. 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 2. The Congress shall have power to enforce this article by appropriate legislation.

513. "SHALL NOT BE DENIED OR ABRIDGED." Al- What is the the interthough negative in form, in substance this article confers a pretation of positive right which did not exist before. The right shall this amendnot be denied; it shall be enjoyed, and the party shall be ment? exempt from the disability of race, color, or previous condition of servitude, as respects the right to vote. In terms it has a general application to all, but from its history it was principally intended to confer upon the colored race the right to citizenship. (The Slaughter-House Case, 16 Wall., 81.) The United States v. Cruikshank, 1 Woods, 321.

This amendment gives no new right to regulate elections, except to enforce this inhibition. It relates only to discriminations on account of race, color, or previous condition of servitude and is a prohibition against making such discriminations. The enforcement act, in so far as it is general and universal in its application, is unconstitutional. Id.

The amendment does not confer the right of suffrage upon Does it conany one. It prevents the States or the United States, how- fer the ever, from giving preference, in this particular, to one citi- right of suffrage? zen of the United States over another, on account of race, color, or previous condition of servitude. Before its adoption this could be done. It was as much within the power of a State to exclude citizens of the United States from voting on account of race, &c., as it was on account of age, property, or education. Now it is not. If citizens of one race, having certain qualifications, are permitted by law to vote, those of another having the same qualifications must be. Previous to this amendment there was no constitutional guaranty against this discrimination. Now there is. It follows that the amendment has invested the citizen of the United States with a new constitutional right which is within the protecting power of Congress. That right is exemption from discrimination in the exercise of the elective franchise, on account of race, color, or previous condition of servitude. This, under the express provisions of the second section of the amendment, Congress may enforce by "appropriate legislation." United States v. Reese, (October Term, 1875,) 2 Otto, 000.

whence is

derived the right of

suffrage

A statute which creates a new offense under this act From should be clear and explicit. That in existence fails of its object, (16 Stat., 140.) Id. The right of suffrage is not a necessary attribute of national citizenship, but an exemption from discrimination in the exercise of that right on account of race, &c., is. The right to vote in the States comes from the States, but the right of exemption from the prohibited discrimination comes from the United States. The first has not been granted or secured by the Constitution of the United States, but the last has been. United States v. Cruikshank, (October Term, 1875,) 2 Otto, 000.

ANALYTICAL INDEX.

The texts of the Constitution are arranged analytically and alpha
betically. The Articles, Sections, and Clauses are shown both as
to the Constitution noted and not noted. The Preface, Declara
tion of Independence, Articles of Confederation and the author's
notes are likewise copiously indexed.

Art. sec.

cl.

pp.

ABANDONED lands. (See Freedmen.)

ABATEMENT.

Want of citizenship must be pleaded in, n. 206, p. 202
ABEYANCE. Offices when held in, n. 184, § 3.

ABSENCE. In the absence of the Vice-President the Senate shall

choose a President pro tem....

Practice as to; list of Presidents pro tem., n. 38.
ABSENT members. A smaller number than a majority of either
House of Congress may compel the attendance of absent
men.bers, in such manner, and under such penalties, as
each house may provide..

ABSENT Suitors. Effect of judgments against, not served, n. 218.
Not republican government to render judgment against,
n. 233.
ABSOLUTE rights of private property is an universal common law
principle, n. 258.

ACCEPT.

ABSOLUTELY necessary. The strongest qualification of necessary,
n. 162. Necessary not used in the sense of, n. 128, p. 139.
No person holding any office of profit or trust under the
United States, shall, without the consent of Congress,
accept of any present, emolument, office, or title, of any
kind whatever, from any king, prince, or foreign States..

Office defined. n. 151. U. S. Marshal cannot hold two
offices, n. 151, p. 153. To accept a new office vacates the
first, n. 63. A pardon must be accepted before it will take
effect, n. 177.

ACCOUNT. A regular statement and account of the receipts and
expenditures of all public money shall be published from
time to time.....

How these accounts are kept, n. 149.

ACCUSATION. In all criminal prosecutions, the accused to be
informed of the nature and cause of the accusation.
Amendments.

Accused defined and the subject discussed, n 260.
ACQUISITION of territory. A consequence of the war power, notes
118, 274; and of the right to admit new States, n. 229. The
history and right to acquire discussed, n. 282. Revo-
lutionary results of, n. 286.

ACQUITTAL. No one shall be tried for the same crime after, n. 255.
ACT as President. In case of the removal, death, resignation, or
inability of both the President and Vice-President, the

[blocks in formation]

Congress shall, by law, declare what officer shall then act
as President, and such officer shall act accordingly until
the disability be removed, or a President shall be elected.
A list of the Vice-Presidents who have acted as Presi-
dent, n. 172. The act of Congress regulating who shall
act, n. 172.

ACTION. (See Case, Suits.)
ACTS, records, and judicial proceedings. Full faith and credit sha.i
be given in each State to the public acts, records, and
judicial proceedings of every other State. And the Con-
gress may, by general laws, prescribe the manner in which
such acts, records, and judicial proceedings shall be proved,
and the effect thereof.

Full faith and credit defined, n. 218. The law of Congress for proving these acts, n. 219. p. 218. Must be under the Great Seal, Id. Copied from the Confederation, p. 10. ACTS of Congress. To regulate time and manner of electing senators, n. 30. To fix a standard of weights and measures, n. 102, p. 117. To regulate the tenure of office, n. 184. Prescribing manner of proving laws, records, &c., n. 219. The several reconstruction acts. n. 276.

Take effect from their approval by the President, n. 66. ADAM, ANDREW, of Pennsylvania. Signed the Articles of Confederation, p. 21.

ADAMS, JOHN. Delegate from Mass. Signed the Dec. of Ind. p. 7,
First Vice-President of U. S., n. 37. Second President, n.
166. Messages of, as President, delivered to Congress in
person, n. 187.

ADAMS, JOHN QUINCY. Sixth President of the U. S., n. 166.
ADAMS, SAMUEL. Delegate from Mass. Signed the Dec. of Ind. p.
7: and the Articles of Confederation, p. 21.
ADAMS, THOMAS, of Virginia. Signed the Articles of Confedera-
tion, p. 21.

ADJOURN from day to day. A smaller number than a majority of
each house of Congress may adjourn from day to day.
ADJOURN. Neither house, during the session of Congress, shall,

without the consent of the other, adjourn for more than
three days, nor to any other place than that in which the
two houses may be sitting

ADJOURNMENT of the Congress of the Confederation not longer than
six months, Art. IX. p. 18.

ADJOURNMENT. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law..

The President must receive the bill ten entire days before, or it will not become a law, n. 69. ADJOURNMENT. Every order, resolution, or vote, to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment), shall be presented to the President of the United States. (For proceedings, see Resolution.)...

ADJOURNMENT. In case of disagreement between the two houses of Congress with respect to the time of adjournment, the President may adjourn them to such time as he shall think proper....

This power has never been exercised, n. 188. ADJUTANT-GENERAL. An officer in the army, n. 124.

ADMINISTRATION.

Effect of judgment and sales under, n. 161. ADMINISTRATION of justice. He (George III.) has obstructed the

Dec. of Ind. p. 8.

ADMIRAL. Chief officer in the navy, n. 128.

ADMIRALTY and maritime jurisdiction. The judicial power shall

[blocks in formation]

extend to all cases of admiralty and maritime jurisdiction. 3 2 1
Defined; extent of jurisdiction; has been enlarged to

87,194

na vigable waters. n. 208.

« ZurückWeiter »