South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1870-08-05
Speech of Hon. j. j. Davis.
Delivered at noorcfesd, on ne 2oa Jn,y. 1870

monument, the power OF CouEreS 10 DrDpo.e an
amendment, and the manner in which itw.ts pro.
posed and adopted, showing that it WAS not rat
lied 10y the bodies representing the sovereignty oil
the people, but by State Legislatures Of limited
powers themselves, having no right 10 DELEGATE
the sovereignty of the State to another Mr. Da-
Wis, said the Fifth Article Of the Constitution OF
the United States means precisely what il saws
that Congress may propose amendments 20 this
Constitution which, when ratified shall be the
supreme law OF the land, but ii never was intend.
ed by the trainers Of the Constitution to corpo-
rate into il provision that would lead 10 its own
destruction, or TO place the reserved rights
of minority Of the States at the mercy OF a ma
jority of the states. To admit that under the
guse of an amendment to the Constitution ia is
IN The power Of three fourths Of the States TO srip
the remaining fourth of their sovereign rights
and to enlarge the powers of the Federal Govern
ment, the agent created by their Joint conees
sions, is to sanction the right Of despOtic ma
jority TO change the character and form of Gov
ernment rs often as their caprice may dictate or
their tyranncal and paTtiZan purposes may re-
quire. To what would the 10th Amendment 10
the Cons titution amount if the States can be de-
prived of this reserved right of sovereignty by
the will Of dominant majority The States are
sovereign except as to the powers and rights del
egaed TO the Federal head.
To construc the right TO amend the Constitu-
ton, in the mode pointed out by the 9TH article
thereof, TO mean that the powers Of the Federal
Government can toe enlarged and new powers be
slowed upon il in dcrogatiOn of tie reserved sove-
reignty of the States by the assent simply, Of
three fourths of the States, so as to bind uH the
members ofthe Confederacy, is TO say 10 the
world that the Government ordained by our IA
theirs is nm unlimited despotism. 1t is a subvcr-
sion of the theory upon which the Government
was founded, destructive Of the equality of the
States the right of self government and the liber-
ties of the people.
No one will fora moment contend that should
New York and Pennsylvania permit women
minors. paupers or persons Of unsound mind TO
vote, that they would have the right TO require
West Virginia to amend her State constitution so
rs TO extend the same privileges 10 the same class
of persons. nor would the assumption of such n
right on the part of the two States named, or of
any other number Of the States be tolerated for a
single moment. The demand would be met by
an assertion of the right of West Virginia to reCu-
late the elective franchise within her own bord ers
in Der own way, without dicta tion or coercion
from other States. The case just illustrates the
character of the Fifteenth Amendment. The
difference is one of mere form and not of fact
Thrccf Ourth5 Of the States have done it is claim
ed what lesser number could not do-havc
stripped the dissenting State OF q right that she
could not be depriy ed of only by her own volun-
tary consent Her sovereignty is shorn, but not
with the consent of the sovereign power.
creature endowed with life by her sovereign W i'll
and invested with delegated powers has essayed
eating its sovereignty 10 another IL has
attempted to recognize the formation Of a 1e,o
L5nog, and to bind its creators to il by its
usurpatiOns. II attempts said the sneaker
10 consolidate the Government bv comforting
upon the Federal head the power to control the
right belonging exclusively to the States, and
essential to their existence and mainteuan as
political communities. Strip the States of their
right TO regulate suffrage and their existence as
States will only he nominal, not real.
The speaker argued that the passage Of the
Fifteenth Amendment had been secured not only
by force and fraud but also los the action of bod
les who had not the least constitutional power or
right to dispose of the sovereignty of tho States
affected by it, and asked what is there in the
history Of the African race to lead any ono TO be-
licve that tie negro is Fl repository Of political
power II the white race under an the adyanta-
yes which higher intelligence better capacity for
education instruction, scif-rcspe,. traditional
memories AMI mutual example could inspire, has
hardly tcen rblc 20 perfect the experiment OF
seii-logcrnment into o7'. .i7hel flct dos not
ia' indictment IooS Ell ~. nope fos 30 happier
result nv calling ir Ir. inferior capacities
sentiments an pos .bi'ucs of progccs 10 share
DO iasN of such w.ig. s sentiments oni rc7pou-
s.Ii',tios'
Ibsossg-a.ion Of 'bo superior with tic ,rf..
-iCr race has rarely n oyer had tir eject OF inc
proving nc ieric- On tho contrary, history
teache rs that such association .nl coumug'ing
~ a.. races has been to degrade the superior
without the elevation Of the inferior But our
Opponents will say they are not IN favor Of negro
equality. They told us They did not favor negro
suffrage and tie words were scarcely cold on
their lips until they swallowed the durkcy vote
and all. ilc then alluded To Mr.. Sumner bill
70 enforce negro equality as indicating the next
step u be taken In the degradation o. the white
race. JIG Then took mp tbe next abominau9n,
TIE FLICK AMENDMENT.
It's claimed he said Boy he advocate. Chat ho
Flick Amendment which owes iig ori0fn to the
Fifteenth Amendment, and Is q Radical trick 60
cover over their past conduct aud excuse them be-
fore The people in the approaching election is the
only speedy and cfiectual method Of cnfranchis-
ing the DISTINGUISHED. Let us see how tlu- is
But before proceeding with that inquiry let us
stop 30 inquire FIRST into the measure itself and
what an endorsement Of IL means.
The amendment proposed strikes out the word
irhRe 10 section let NJ the 100 Article az our
State constitution and also the latter clause of
tho section, or what Is known NJ The disfranchis-
ing amendment. If am right 10 ny argument
as TO The Fifteenth Amendment is IL not an alb
ioluto nullity and q usurpaton that ought TO re-
cciyc no active support or encouragement from
the friends Of constitutional liberty and acIcpo-
vcTnmcnt2 10 the Federal Government en forces
that amendment boz violation Of tho rights or tho
States, let ID be done by iho friends Of iho mca-
sure and thc advocates Of consolidation Ifit ia
negroes, by virtue or 10 and by ihc act OF Con-
gross Co enforce 10, VIII vote just as long as usur-
patton and power abused can pcrpetuate chat pro-
vision and trample upon Che rights OF fbc Stits5
But lct not thc white men NJ West Virginia DO
parties to The degradation OF their State. fo tlc
destruction of their liberties. fo This great wrong
inflicted upon their own race. If me Fifteenth
Amendment l5 what every Democrat aud true
friend OF scifgOvcrument believes 10 to boausur-
patton, why give DO ara implied recognition ly s1
amending Zoe state constitution as o. extend fhc
right Of suffrage 10 the col0red race by voluntary
state action Why viii its advocates iusi,. on
trking out Tho word white They tell Us TINS
Tic Flick Amendment does not mfauchso the
negro Then why insistupon it2 Ircnfranchis-