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3. Because it was the obligation of the defendant to refuse to position mentioned Virginia L. Minor’s identify upon the record of registered voters in mentioned petition referred to. Said Registrar shall have authority to administer all oaths which could also be needed within the registration of voters. Section 1.-Every male citizen of the United States, and each particular person of international beginning who may have declared his intention to become a citizen of the United States, in keeping with legislation, not lower than one yr nor greater than five years earlier than he offers to vote, who’s over the age of twenty-one years, who has resided in this State one 12 months subsequent preceding his registration as a voter, and throughout the final sixty days of that period shall have resided within the county, city, or city the place he seeks registration as a voter, who will not be convicted of bribery, perjury, or other infamous crime, nor instantly or not directly thinking about any guess or wager relying upon the result of the election for which such registration is made, nor serving on the time of such registration within the common army or navy of the United States, shall be entitled to vote at such elections for all officers, State, county, or municipal, made elective by the individuals, or every other election held in pursuance of the legal guidelines of this State; however he shall not vote elsewhere than in the election district the place his identify is registered, besides as supplied in the twenty-first part of the second article of the Constitution.
3. Because the mentioned Supreme Court of Missouri erred in affirming the judgment of the St. Louis Circuit Court-thereby, in impact, declaring that the Constitution and legal guidelines of Missouri, before recited, do not conflict with the Constitution of the United States. Demurrer. In the Circuit Court of St. Louis County: Virginia L. Minor and Francis Minor, her husband, Plaintiffs, vs. 1. Because said Virginia L. Minor, plaintiff, had no right to vote at the overall election held in November, 1872, in stated petition referred to. 2. Because mentioned Virginia L. Minor had no right to be registered for voting by stated defendant, on the time and iu the manner in stated petition alleged. But the topic of suffrage (or the qualifications of electors, because the Constitution terms it) is solely remitted to the States by the Constitution, to be regulated by them; not to restrict or limit the precise of suffrage, however to carry the same fully into effect. The States, with one exception, which we shall notice hereafter extra intimately, have uniformly claimed and exercised the best to act, as to the matter of suffrage, just as they pleased-to restrict or extend it, as they saw correct.
In so vital a matter as suffrage, the chief of all political rights or privileges, by which, indeed, life, liberty, and all others are guarded and maintained, and without which they would be held utterly at the mercy of others; we repeat, it is unattainable to conceive that this was supposed to be left wholly and fully on the discretion of the States. Only residents are permitted to pre-empt land, acquire passports, and so forth., all of which lady can do; and, on the other hand, she is taxed (without her “consent”) in additional recognition of her citizenship; and yet, as to this chief privilege of all, she is forbidden to exercise it. Of this body politic, represented by the Constitution of the United States, all individuals born or naturalized therein and topic to the jurisdiction thereof, are members; without distinction as to political rights or privileges, besides that the head or chief of the brand new authorities must be native-born-and this exception the more strongly proves the rule.
Before the colonists asserted their independence they have been politically certain to the sovereign of Great Britain, by what is termed in English legislation, “allegiance”; and those from whom this allegiance was due have been termed “topics.” But when these “bands,” as they are termed in the Declaration of Independence, have been dissolved, the political relation became modified, and we not hear within the United States the time period “topic” and “allegiance,” besides the latter, which is used to express the paramount duty of our citizens to our personal authorities. The term citizen was substituted for that of “topic.” But this was not a mere change of identify; the males who framed the Constitution of the United States had all been “topics” of the English king, they usually well knew the radical change wrought by the revolution. With the intention to get a clearer idea of the true that means of this term citizenship, it may be effectively to recur for a second to its first introduction and use in American regulation. The State can no more deprive a citizen of the United States of 1 privilege than of one other, except by the “legislation of the land.” There is no such thing as a security for freedom if this be denied.