far as such pursuit does not interfere with the rights
and welfare of others; but what security has any one
for the enjoyment of these rights when denied any
voice in the making of the laws, or in the choice of
those who make, and those who administer them?
The possession of this voice, in the making and administration
of the laws—this political right—is
what gives security and value to the other rights,
which are merely personal, not political. A person
deprived of political rights is essentially a slave,
because he holds his personal rights subject to the
will of those who possess the political power.
This principle constitutes the very corner-stone of
our government—indeed, of all republican
government. Upon that basis our separation from
Great Britain was justified. “Taxation
without representation is tyranny.” This
famous aphorism of James Otis, although sufficient
for the occasion when it was put forth, expresses
but a fragment of the principle, because government
can be oppressive through means of many appliances
besides that of taxation. The true principle
is, that all government over persons deprived of any
voice in such government, is tyranny. That is
the principle of the declaration of independence.
We were slow in allowing its application to the African
race, and have been still slower in allowing its application
to women; but it has been done by the fourteenth amendment,
rightly construed, by a definition of “citizenship,”
which includes women as well as men, and in the declaration
that “the privileges and immunities of citizens
shall not be abridged.” If there is any
privilege of the citizen which is paramount to all
others, it is the right of suffrage; and in a constitutional
provision, designed to secure the most valuable rights
of the citizen, the declaration that the privileges
and immunities of the citizen shall not be abridged,
must, as I conceive, be held to secure that right
before all others. It is obvious, when the entire
language of the section is examined, not only that
this declaration was designed to secure to the citizen
this political right, but that such was its
principal, if not its sole object, those provisions
of the section which follow it being devoted to securing
the personal rights of “life, liberty,
property, and the equal protection of the laws.”
The clause on which we rely, to wit:—“No
State shall make or enforce any law which shall abridge
the privileges or immunities of citizens of the United
States,” might be stricken out of the section,
and the residue would secure to the citizen every right
which is now secured, excepting the political rights
of voting and holding office. If the clause in
question does not secure those political rights, it
is entirely nugatory, and might as well have been
omitted.
If we go to the lexicographers and to the writers upon law, to learn what are the privileges and immunities of the “citizen” in a republican government, we shall find that the leading feature of citizenship is the enjoyment of the right of suffrage.