The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1870-09-27

I
guage is shown by the e otherwise
qualified" and the allusion 70 color. Il
is precisely equivalent to saying that all
citizens against whom the laws Of the
States discriminate on account Of their
race and color shall be entitled TO vote II
"otherwise qualified" under helaws ofthe
State. The meaning is obvious, though
the form OF expression Is needlessly awk-
ward and Indirect Thesame fotmofex.
preston, with. the same meaning behind
1t, is carried into other sections The
section under which the Honorable
Court appointed ex.Confederate commits.
sioners with view to afford reasonable
protection to all persons in their Oonsttu.
tional right to vote Il. 9. their right under
the XVIII articlel without distinction of
race, color or previous condition or setyii
tude," has precisely the same meaning
and intent. 1t Is to protect those against
whom this distinction Is made. fj5i
We have not time or space to analyze
the individual iallacies Of this document
in detail. The error pointed out IL the
fundamental one that underlies them all ;
nor can we presume to deal with the
technical features Of the statute, rules Of
construction, etc., for that is the business
of the lawyer rather than Of the journal
ist We aim to treat the more obvi-
GUS common-sense features Of the case, and
Judge the law more BY the authority, on
which It is based and on the reason for
its enactment, than from the workings Of
"the Judicial mind" to which Judge
JACKSON modestly refers. ltsEc
His honor is doubtless substantially
right when he soIemnly affirms that gthe
constitution and laws Of the United States
are the supreme and paramount law Of
the land" for we remember to have read
something Of that kind in 2 docu-
ment for which the Democratic party
used to profess great respect. But sthe
judicial mind has not compreh sPnted
the idea with o technical accuracy CORES.
ponding with the rest Of his argument;
It's the constitution '"and tie law. Of
Congress made in pursuance thereof" that
constitute the paramount law. Now, Il
this enforcement Act means what Judge
JACKSON says il .doesT7ifit deals with all
the citizens Of the United States entitled
to vote-if it is a suffrage law general in
its force and application TO white ns well
as black-it it enforces the right Of those
who have always had the suffrage without
question, as well as Of those who have Just
been endowed with it and whose rights
denied by the State laws and local preju-
dice-then we should like that honorable
gentleman Qriany Of his partizans to tell
usif it is, in that respect, law in pur-
suance" ofthe Constitution Of the United
States; and if 1t is, what chapter, or sec
ton, or sentence, or clause, or word Of
that instrument authorizes it? r-4
Howl about it as Democratic organs
and stump speakers may, the Constitu-
ton of the United States does provide
for Congressional legislation to protect
the right of colored citizens to the suf-
frage, who have but recently had the sui:
trOgc conferred on them and need such
protection; and it does not and never did
authorize Congressional legislation for the
protection Of white citizens in thatright,
who have always possessed it and need
no such protection.
The authority for that part Of thcaen-
lorcement act relating to snffageis inthe
XVth amendment and nowhere else.
The condition of the colored people Of
the United States has always been an ex-
ceptiOnalonc, scarcely less so since their
emancipation than before, and scarcely
less so since their political epfranehise.
mcnt than before that; because State con.
situations and laws nearly everywheredis-
criminate against them, and in many
States tho prejudice against them is SO
strong and general as to make a practical
defiance Of the Xyth amendment probable
unless enforced BY appropriate Legislation
of Congress. Hence, when the amend
ment itself was proposed and ratified, it
armed Congress with power to enforce il |
It f6rbids discrimination by local laws in |
the matter Of suffrage Oh account Of race,
color or previous condition Of setHit4lde, |
and therefore authorizes a Congressional
statute that will enforce this prohibition.
And it authorizes nothing else. Nor does
any other part Of the Constitution author
ize any other legislation by Congress in
regard to suffrage in the States, according
to tho Interpretation Of the Democratic
party from the earliest day to the present
time. .g.s4. Il. Ida. ~ ..ly
These are facts and they have an i'm.
pOrtant bearing on the construction to be
given to this enforcement act, AS an en-.
forcement Of the recently conferred right
ofthe coIOred people,-eyen in this State
still denied by our written constitution,
though conceded by the public sentiment
Of the State-it Is at once appropriate,
and ineligible. AS an attempted inter
ference with the State laws regulating sui.