woman to the ballot, on the ground that the United States had no voters in the States of its own creation?
Criminals against the military law of the United States, who receive pardon, are still another class of voters thus created. A very large body of men, several hundred thousand, forfeited their rights of citizenship, their ballot, by participation in the rebellion; they were political criminals. When general amnesty was proclaimed they again secured the ballot. They had been deprived of the suffrage by United States law and it was restored to them by the same law.
It may be replied that the rebellious States had been reduced to the condition of territories, over whose suffrage the general government had control. But let me ask why, then, a large class of men remained disfranchised after these States again took up local government? A large class of men were especially exempted from general amnesty and for the restoration of their political rights were obliged to individually petition congress for the removal of their political disabilities, and these men then became "voters in States," by action of the United States. Here, again, the United States recognized citizenship and suffrage as synonymous. If the United States has no voters of its own creation in the States, what are these men? A few, the leaders in the rebellion, are yet disfranchised, and no State has power to change this condition. Only the United States can again make them voters in States.
Under the fourteenth and fifteenth amendments the colored men of the South, who never had possessed the ballot, and those colored men of the North over whom some special disqualification hung, were alike made voters by United States law. It required no action of Delaware, Indiana, New York, or any of those States in which the colored man was not upon voting equality with the white men, to change their constitutions or statutes in order to do away with such disqualifications. The fourteenth amendment created another class of United States voters in States, to the number of a million or more. The fourteenth amendment, and the act of congress to enforce it, were at once recognized to be superior to State law—abrogating and repealing State constitutions and State laws contradictory to its provisions.
By an act of congress March 3, and a presidential proclamation of March 11, 1865, all deserters who failed to report themselves to a provost marshall within sixty days, forfeited their rights of citizenship as an additional penalty for the crime of desertion, thus losing their ballot without possibility of its restoration except by an act of congress. Whenever this may be done collectively or individually, these men will become State voters by and through the United States law.
As proving the sophistry used by legal minds in order to hide from themselves and the world the fact that the United States has power over the ballot in States, mention may be made of a case which, in 1866, came before Justice Strong, then a member of the Supreme Court of Pennsylvania, but since a justice of the Supreme Court of the United States. For sophistical reasoning it is a curiosity in legal decisions. One point made by Judge Strong was, that congress may deprive a citizen of the oppor-