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State officers and legislative members should be elected at the same election with the vote on ratification, and by the same voters. There is no doubt that the General only desired to secure the freedmen, who were then moving about restlessly, in their right of suffrage under the Reconstruction Acts, and to expedite the process of reconstruction so far as possible. But he undoubtedly opened the door to fraudulent voting by offering unrivalled opportunities for repeating, and he also violated the law and practice under the Constitution of the United States in regard to the qualified electors of
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State officers and legislators. Such officers and legislators could have been constitutionally elected only by the electors {152} designated in the constitution submitted for adoption. The qualifications of the electors who vote upon the question of the adoption of the first
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State constitution are necessarily fixed by Congress, but Congress has no constitutional power to fix the qualifications of the electors of
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State officers and legislators. Neither has the constitutional convention, which frames the first
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State constitution any such power, for the constitution which it frames is only a proposition, and ratification by the electors designated by Congress is necessary to its validity. Furthermore, any resolution which it might pass ordering the election of
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State