The second section of the Fourteenth Amendment, proposed June 16, 1866, and declared in force June 28, 1868, reads: “Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.” The Amendment did not prohibit the denial or abridgment of the right to vote on account of race or color, but provided that, if such right was denied or abridged, the State must suffer the consequence of having its representation in Congress reduced. One feels safe in saying that the purpose of the National Government in adopting this section of the Fourteenth Amendment was to induce the States, particularly the Southern States, to extend suffrage to the Negro. With the possible exception of Minnesota, no State appears to have heeded the warning between 1868 and 1870.
One cannot say what would have been the result had the National Government rested there—whether or not of their own accord the various States would have extended the suffrage to Negroes—because, within less than two years, the Fifteenth Amendment had deprived the States of any choice in the matter by providing that they must not deny or abridge the right to vote on account of race or color.
SUFFRAGE BETWEEN 1870 AND 1890
At the time of the ratification of the Fifteenth Amendment, in 1870, the following States still restricted the suffrage to white persons: California, Colorado, Connecticut, Delaware, Indiana, Kansas, Kentucky, Maryland, Michigan, Nevada, New Jersey, Ohio, Oregon, and Pennsylvania. Illinois[[689]] adopted a new Constitution in 1870 which omitted the word “white.” Missouri[[690]] amended its Constitution on November 8, 1870, after the Fifteenth Amendment went into effect, by erasing the word “white,” and Virginia,[[691]] in its Constitution of 1870, extended the suffrage to “male citizens.” It is needless to say that all the Constitutions adopted since 1870 have omitted the word “white” from the suffrage qualifications, so it is not worth while to note the various Constitutions and Amendments that have been adopted since that date. But in some State Constitutions which have not been changed within the last forty years, one still finds the provision that only “white male citizens” are electors. This is true of Maryland.[[692]] Attempts have been made to amend the Constitution by erasing the word “white,” but the objection has been made that it is null and void[[693]] anyway by the Fifteenth Amendment, and that it would be too expensive to call a constitutional convention or hold an election solely for the purpose of erasing a “dead” word.
The history of the ratification of the Fifteenth Amendment—the opposition it provoked and the means that had to be adopted to procure its ratification by the Southern States—is found in the records of Congress, newspapers, and political discussions of that day. Very little of it has been preserved in the laws of the States. In the following resolution by the legislature of Oregon[[694]] is found one of the few traces of the opposition to the Amendment occurring in the laws of a State outside the South:
“Whereas, the State of Oregon was, on the fourteenth day of February, A.D., 1859, admitted into the Federal Union, vested with the right to declare what persons should be entitled to vote within her boundaries; and until she, by her voluntary act, surrenders that right, the Congress of the United States has no authority to interfere with the conditions of suffrage within the boundaries of the State of Oregon: and
“Whereas, the Congress of the United States, by means of an arbitrary majority of votes acquired by the power of the bayonet, has sought to force upon the several States the so-called Fifteenth Amendment to the Federal Constitution, in direct violation of the terms under which the State of Oregon was admitted into the Sisterhood of States; therefore
“Be it resolved by the Senate, the House concurring:
“That the so-called Fifteenth Amendment is an infringement upon the popular rights, and a direct falsification of the pledges made to the State of Oregon by the Federal Government.
“Resolved, that the said Fifteenth Amendment be and the same is hereby rejected.