The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-03-09

Wilson, of Massachusetts,, would lead him to
look into the matter.
THE FIFTEENTH AMENDMENT.
From the NJ T. World.
Certain inspectors of election in Western
New York, acting in the spirit of too eager
bridegroom who might regard betrothal as
equivalent to marriage, and be too impa-
tient to wait for the ceremony, have been ad-
mitting negroes to the ballot in the town
elections. 1t is questionable whether these
political nuptials with the black race are al
lowable at all; but there can be no question
that the enamored parties are at least bound
to await the forms of law.
The duties of inspectors of election in re-
lation to colored voters are defined by the
statutes of the State. They are to require
colored person offering to vote to take an
oath by which he swears (among other things)
that he possesses a freehold estate of the value
of two hundred and fifty dollars above all
debts and membranes, and that he has been
actually rated and paid tax thereon within
the preceding year; and on no other condition
can his vote be received. We quite agree
with the observations Of the Rochester Ulpi3n
on the conduct of the inspectors who have
violated the law in receiving negro votes,
and hope measures may be taken for bringing
them to Justice.
We do not, however, feel quite so clear
the opinion it incidentally expresses-or
rather implies without formally expressing
that after the fifteenth amendment is declared
adopted, an act of Congress will be necessary
for carrying it into effect. If the amendment
itself is null in consequence of the Southern
| ratifications being extorted, any act of Con-
gresss to enforce it would be equally null,
| and would deserve no more respect than the
| naked amendment. If this State decides to
| obey such a law if it should be enacted, it
| thereby decides, in effect, to be bound by
| the amendment; and as Federal interference
with our elections is on all accounts unde-
sirable, it would be better for the State to
adopt that course which would reduce such
| interference to q minimum. If we are going
to accept the amendment when Congress
| passes law to enforce it, it would be wiser
to comply at once and take away any pretext
| for Congressional intermeddling.
The chances of successfully resisting the
| operation of the amendment after it is de-
clared adopted, are very slender. Forcible
resistance is not to be thought of. If the
| validity of the amendment is contested in the
courts the prospect seems quite hopeless in
view of the fact that when the vacancies in
the Supreme Court are filled the Republicans
will have seven of the nine judges 1t is
better to let the miserable agitation over the
negro end here than to supply it with further
| aliment by bootless contest in which we
are certain to be defeated, and which
would not only give the radicals the advan-
tage of another triumph, but enable them to
enlist all the newly-n' ade colored voters in
their ranks.
If the fifteenth amendment is valid at all,
or is to be practically acquiesced in as valid
under any circumstances, no legislation is
necessary either by Congress or the States in
order to give it effect. Every amendment
which becomes a part of the Constitution
repeals, pr0pTtO gtgOTe, all State laws and pro-
visions in the State constitutions which are
inconsistent with it. The Constitution says
of itself that it ''shall be the supreme law OF
the land, and the judges in every State shall
be bound thereby, anything in the constitu-
tion or laws of any State to the contrary not
} withstanding." If the fifteenth amendment,
} when declared adopted is TO be regarded as 9
: part of the Constitution, then the State
: Judges will be bound by their oaths to
disregard all State lave which make any
difference in the rights of voters
! founded on race or color. A colored mar
whose vote is refused will have the same
remedy as white man. The courts
! OF justice cannot decline to hear his com
plant and grant him redress. The law fol
protecting the rights of voters in this State
is In these words:-''If any person shall dete
8 any elector of this State from giving his vot
3 or ballot, OF disturb or hinder him in tn
free exercise of the right of suffrage, at an.
election in this State, and shall thereof b
| convicted; such person, SO offending and con
! victed, shall be adjudged guilty of misde
neanor, and be fined or imprisoned, accord
| ing to the discretion of the court befor
Z which such conviction shall be had; such fin
in no case to exceed five hundred dollars, no
such imprisonment one year. If apersol
should be arraigned for preventing a negr
from voting, and should plead the law Of tn
State in justification, the court would disre
: gard the plea if the fifteenth amendmen
should be held to be part of the Consti
| tuition.
! If there is any method of successfully
. thwarting the fifteenth amendment, we hop'
D it will be promptly pointed out and well sup
! ported by arguments; but if no such metho,