Now to this perversion I oppose point-blank denial. These two words are not justly susceptible of any such signification, especially in a National Constitution, which is to be interpreted always so that Human Rights shall not suffer. I do not stop now for dictionaries. The case is too plain. A “qualification” is something that can be acquired. A man is familiarly said to “qualify” for an office. Nothing can be a “qualification” which is not in its nature attainable,--as residence, property, education, or character, each of which is within the possible reach of well-directed effort. Color cannot be a “qualification.” If the prescribed “qualification” were color of the hair or color of the eyes, all would see its absurdity; but it is none the less absurd, when it is color of the skin. Here is an unchangeable condition, impressed by Providence. Are we not reminded that the leopard cannot change his spots, or the Ethiopian his skin? These are two examples of enduring conditions. Color is a quality from Nature. But a “quality” is very different from a “qualification.” A quality inherent in man and part of himself can never be a “qualification” in the sense of the National Constitution. On other occasions I have cited authorities,[43] and shown how this attempt to foist into the National Constitution a pernicious meaning is in defiance of all approved definition, as it is plainly repugnant to reason, justice, and common sense.
The same judgment must be pronounced on the attempt to found this outrage upon the power to make “regulations,”--as if this word had not a limited signification which renders such a pretension impossible. “Regulations” are nothing but rules applicable to a given matter; they concern the manner in which a business shall be conducted, and, when used with regard to elections, are applicable to what may be called incidents, in contradistinction to the principal, which is nothing less than the right to vote. A power to regulate is not a power to destroy or to disfranchise. In an evil hour Human Rights may be struck down, but it cannot be merely by “regulations.” The pretension that under such authority this great wrong may be done is another illustration of that extravagance which the champions do not shrink from avowing.