1. By the Constitution it is provided that “the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature.” On this clause Senators build the impossible pretension that a State cannot be interrupted in its disfranchisement of a race. Here is the argument: Because a State may determine the qualifications of electors, therefore it may deprive a whole race of equal rights and of participation in the Government. Logically speaking, here are most narrow premises for the widest possible conclusion. On the mere statement, the absurdity is so unspeakable as to recall the kindred pretension of Slavery, that, because commerce is lawful, therefore commerce in human flesh is lawful also. If the consequences were not so offensive, this “argal” might be handed over to consort with that of the Shakespearean grave-digger. But the argument is not merely preposterous, it is insulting to the human understanding, and a blow at human nature itself. If I use strong language, it is because such a proclamation of tyranny requires it. Admitting that the States may determine the “qualifications” of electors, what then? Obviously it must be according to the legitimate meaning of this word. And here, besides reason and humanity, two inexhaustible fountains, we have two other sources of authority: first, the Constitution, in which the word appears, and, secondly, the dictionaries of the English language, out of both of which we must condemn the intolerable pretension.
The Constitution, where we find this word, follows the Declaration of Independence, and refuses to recognize any distinction of color. Search, and you will confess that there is no word of “color” in its text; nor is there anything there on which to found any disfranchisement of a race. The “qualifications” of different officers, as President, Vice-President, Senators, and Representatives, are named; but “color” is not among these. The Constitution, like the Ten Commandments and the Beatitudes, embraces all alike within its mandates and all alike within its promises. There are none who must not obey it; there can be none who may not claim its advantages. By what title do you exclude a race? The Constitution gives no such title; you can only find it in yourselves. The fountain is pure; it is only out of yourselves that the waters of bitterness proceed.
The dictionaries of our language are in harmony with the Constitution. Look at “Qualification” in Webster or Worcester, the two best authorities of our time, and you will find that the word means “fitness,” “capability,” “accomplishment,” “the condition of being qualified”; but it does not mean “color.” It embraces age, residence, character, education, and the payment of taxes,—in short, all those conditions which, when honestly administered, are in the nature of regulation, not of disfranchisement. The English dictionaries most used by the framers of the Constitution were Bailey and Johnson. According to Bailey, who was the earliest, this important word is thus defined:—
“(1.) That which fits any person or thing for any particular purpose.”
“(2.) A particular faculty or endowment, an accomplishment.”
According to Johnson, who is the highest authority, it is thus defined:—
“(1.) That which makes any person or thing fit for anything.”
Example.—“It is in the power of the prince to make piety and virtue become the fashion, if he would make them necessary qualifications for preferment.—Swift.”
“(2.) Accomplishment.”
Example.—“Good qualifications of mind enable a magistrate to perform his duty, and tend to create a public esteem of him.—Atterbury.”