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several of the States after the Constitution, but he held that a negro who himself had been a slave, or any of whose ancestors had been slaves, could not become a citizen of the United States, and that a State Legislature had no power to invest him with that status. No one contended but that every citizen was one of the people. In the case of Blair v. Ridgely, cited by Judge Cooley, the opinion of the court recites that in several of the States the free blacks were given the right to vote, and that afterward the suffrage was taken away from them, and noticing this fact as an argument that suffrage is not a vested right but a mere privilege.

Having shown what was understood as the meaning of the word people at the time of the Declaration of Independence, and up to the period of the war, it is unnecessary to enter into an investigation of the doctrine of suffrage.

Nevertheless, the argument would be scarcely complete without stating the doctrine that those persons who are instrusted with the ballot are considered according to the theory of our constitutional law to be merely representatives of the whole body of the people, and merely hold an office or trust, but that such a right is not a vested one. This was clearly brought out in the constitutional convention of New York in 1846. The office and duty of electors is but a part of the machinery of the government; but as we have seen no man, class, convention or body ever attempted to exercise any authority or right other than in the name and by the authority of the people of the State.

It would be interesting to notice the difference between the origin of suffrage in England and America. Those who are interested enough in their own liberties to understand these things, may find them clearly explained in Webster's argument in the case of Luther v. Borden, 7 How. 1, and the case of Blair v. Ridgely, 41 Mo. 63, where the question is consistent.

The doctrine asserted by Mr. Field leaves the adult and unmarried female without even the shadow or theory of representation in the government. Such a doctrine is much behind the idea of representation under the Roman constitution, where every person of every sex and age belonged to some family and the head of the family represented all the members of the family. In feudal England the feudal lord was the protector and representative of every vassal and the sovereign lord the representative of them all. This new idea is a doctrine fraught with dangerous consequences. The idea that every foreigner is taught that he becomes, when naturalized, a sovereign to our own native-born citizens is little short of absurd. Is the rising generation to be taught that we have a citizenship which is subject to another class which is sovereign?

There was nothing absurd, unreasonable, dangerous or despotic in

the idea that the males should represent the people as their agents or trustees, but the idea stated by Mr. Field is despotic. The lavishness with which the suffrage is granted to ignorant aliens is degrading to our free institutions and not calculated to improve American institutions, but, coupled with such a view of sovereignty it is political suicide.

If more time were spent in the study of the writings and opinions of our forefathers who founded this government, and expounded its fundamental principles, our people would know more of the nature of our own government. The remark of the same learned Judge Wilson very justly sums up this whole question: "Was sovereignty created by the Constitution? As all members of society are naturally equal, it may be asked how is this superior to be constituted. Ivery well know how a State once formed can constitute their trustee, but I am yet to learn how it can create a superior. Is there any other human source from which superiority can spring? It is thought there is. It is thought that human submission can effectuate a purpose for the accomplishment of which human suffrage is found to be unavailing. Must submission to equality be a yoke under which we must pass before we can diffuse the mind-power or participate in the benign influence of law?"

INDEX.

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2

27

28

ii. 104
444

affecting civil and political rights....

effect on ownership of land.......

Alexander-

envied Achilles on account of Homer....

taught by Aristotle....

his value of knowledge.

Alfred the Great-

fosters education......
laws of...

Aliens-

defined......

disabilities of..

ii. 272, 291
ii. 292

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