The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-09-07


ratification of which Georgia was party. The
declaration OF fundamental principles comp0s-
ing the first article of the new Constitution
provides (seotion p that call persons bora or
naturalized in the United States, and resident
in this State. are hereby declared citizens of
this state, and no law shall be made or en-
forced which shall abridge the privileges or
immunities of citizens Of the United States or
of this State" The first section of the Four
teenth Amendment lays down the same prin-
ciple in the same words.
"AIl persons born or natura lied in the United
states, and subject 10 the Jurisdiction thereof.
ere cltlzens OF the United states, and of the
State wherein they reside. No State shall make
or enforce any law which snall abridge the
United States, ETC."
The citizenship of the colored man is thus
made as valid as that of the white man, and
the two stand on an equality, in the light
both of the Federal and State Constitutions, in
respect of political privileges. Exclusion
from the Legislature, or from Office, because
OF color, is beyond doubt an abridgment of the
privileges or immunities of the colored people,
and is therefore in conflict with the organic
law. So much of the old legislation as denied
the citizenship or the eligibility to Office of
oolored persons, is as effectually abrogated by
the new Constitution and the Fourteenth
Amendment as though it were in terms indi-
Gated.
Constitution proves nothing. The distinction
Is throughout Ignored. The franchise like
the citizenship, is conferred without mention
OF color, simply because color has ceased to
be basis of difference in the reconstructed
States. If the old law may act as barrier to
the acquisition of Office by colored men, it
may also operate for their disfranchisement.
The plea would be as valid in the one case as
In the other.
Beside, the new Constitution of the State
defines who are ineligible to seats in the
Legislature, and color is not included In the
enumeration. If there were no other reason,
therefore, we should conclude, on the general
principle of strict construction, that negroes,
not being, as a race, ruled out of seats, are as
eligible as others, subject to qualifications ap-
plicable to all. But their right is not matter
of inference, still less of hair-splitting. 1t
rests on the fundamental law, and all special
pleading derived from the old Slave Code is
lnapplicable and worthless. The adoption of
it by the Georgia House of Representatives as
ground of expulsion, is as unconstitutional
as it is irritating ana unjust. 1t is especially
outrageous because shared by members elected
by colored votes, in State where the freed
men have used their newly-acquired power
with fairness and moderation.
But the end is not yet. The oolored Repre-
senatives have been expelled, but the real
difficulties incident to expulsion remain to be
encountered. The question raised by Turner
one OF the colored members, demands an
answer. Gam Il man ?" is the inquiry
which, though for time stihed in the Legis-
lature, will be raised throughout the State,
wherever colored voters are found. And they
Will have sympathizers and supporters wher-
ever the policy of Congress is honestly upheld.
The fitness OF colored people for Office is one
thing; their exclusion from Office, because of
color, IN defiance OF constitutional guarantees,
is another and much more serious thing, and
one that cannot be endured without a sur
render which to Republicans would be dis
graceful.
1t is possible that a consideration suggested
by the Augusta (Ga.) Republican may bring
the majority OF the Legislature to their senses.
Here it Isl
"If these colored men had not been admitted
10 seats guaranteed to them by the Govern.
ment, the constitutional Amendment could
not have been adopted; and If that amendment
nae not been adopted, our representatives
would not have been admitted nor the troops
Withdrawn, 1t follows, too, If these members
are not now entitled to seats, they were not
then; If they were not then. the fourteenth
alIlcIe has not been legally ratified"
And if Georgia has not legally ratified the
Constitutional amendment, Georgia is not
legally entitled to representation in Congress,
and will not be entitled to participation in
the Presidential election. On this supposi-
tion the session of the Legislature amounts to
nothing, and the State may be required to
resume its place under military government.
These are matters, however, which Congress
will probably decide. In conjunction with
the proceeding which gives them prominence,
they may turn the balance in the Congress
slOnal mind in favor OF an early Resembling
at Washington.