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An Account of the Proceedings on the Trial of Susan B. Anthony, on the Charge of Illegal Voting by Anonymous
page 115 of 270 (42%)
statutes of the various States in relation to voting. In order to make a
case, the United States must combine the federal law with the statutes
of the State where the _venue_ of the prosecution is laid.

Before the enactment of the 13th, 14th and 15th Amendments, it is not,
and never was pretended, that Congress possessed any such power.
Subdivision 1 of Section 2, of Article one of the Constitution, provides
as follows:

"The House of Representatives shall be composed of members chosen
every second year by the people of the several States; and the
electors in each State shall have the qualifications requisite for
electors of the most numerous branch of the State Legislature."

By this provision, what shall qualify a person to be an elector, is left
entirely to the States. Whoever, in any State, is permitted to vote for
members of the most numerous branch of its legislature, is also
competent to vote for Representatives in Congress. The State might
require a property qualification, or it might dispense with it. It might
permit negroes to vote, or it might exclude them. It might permit women
to vote, or even foreigners, and the federal constitution would not be
infringed. If a State had provided a different qualification for an
elector of Representatives in Congress, from that required of an elector
of the most numerous branch of its Legislature, the power of the federal
constitution might be invoked, and the law annuled. But never was the
idea entertained, that this provision of the Constitution authorizes
Congress to pass laws for the punishment of individuals in the States
for illegal voting, or State returning officers for receiving illegal
votes.

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