The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-05-24
ENFORCING THE FIFTEENTH AMEND
, .. MENT "
From the N. Y. Times.

From the n p. Times. .'
Admitting the necessity for legislation to
enforce the equality of rights which the fif-
teenth amendment guarantees, it neverthe-
less seems desirable to limit all such legisla-
ton to the precise point to be attained
Judged by this safe and simple rule, the bill
passed by the House, on the Recommendation
of its Judiciary Committee, is preferable to
that adopted by the Senate after long and
acrimonious debate.
The difficulties to be guarded against are
possibilities which may grow out of the con-
dition of society in the Southern States. The
Constitution confers equality in respect of
all the rights of citizenship; but local enact
ments may hereafter be framed to establish
arbitrary tests, from the application of which
colored citizens would unfairly suffer. Or
local functionaries may, by fraudulent or
invidious action, deprive freedmen of the
exercise of the franchise. Or by force
or fraud, by violence or the threat
of violence, colored voters may be
kept from the polls, or may be made
to suffer from the free use of the ballot.
These are, in the main, the possible evils
which legislation is required to prevent; and
the merit of the House bill is that it effects
the contemplated purpose, and there stops.
Thus, it Furnishes by fine or imprisonment
every officer, municipal, State, or Federal,
on any pretext whatever, denies or abridges
the right of any citizen to vote 'on account
of race, color, or previous condition of servi-
tude." It treats as a misdemeanor the use of
force, fraud, or intimidation by any person to
prevent the exercise of the franchise by
colored citizens on the same conditions that
govern the voting of whites. 1t imposes
penalties on those who, in the enforcement
of local law in respect of assessment, regis
tration, or the like, may neglect or discrimi-
nate against colored citizens. And it gives
Circuit Courts of the United States jurisdic.
ton of causes of action created by this act,
and Circuit and District Courts of the United
States jurisdiction of the misdemeanors
which the act creates. For more than this
legislation is not required to provide.
But the Senate bill does provide much
| more 1t covers with what seems to us need
less elaboration all the points presented in the
House bill, adding section-perhaps MOI
unnecessarily making it the duty of Federal
officers to take cognizance of all offensel
against the act. Moreover, it authorizes the
President to employ the army or navy t.
prevent the violation or enforce the due ex
ecution of the act. So far well. Sections l.
and Is are, however, completely out of place
They are designed to operate penalty agains
| Office holders who are ineligible under tn
disability clause of the fourteenth amend
ment-an odious provision, which cannot b.
too soon abrogsted, and the embodiment o
which in q measure professedly framed t.
secure an equality of rights, tends to reviv
animosities which wise and generous men ar
trying to forget. Nor is the nineteenth sec
ton a whit more excusable. The time ma
come when it will be necessary for Congress
to take cognizanee of repeating and othe
fraudulent practices at elections; but whe
it does come, the legislation should be frame
upon broader basis, with more de6nit
aim, and in connection less likely to b
| misunderstood