The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1883-11-15
EncOnstitutionality Of Partisan Legis.
49, tafiOn.


white people of the United States. ha:
Just been decided to be unconstitutiona
by the Supreme Court. Of all the strict
" political legislation of the period fol
lowing the war, when partisan hate and
sectional spite ran riot over the liberties
and privileges of the citizen, this forced
equality OF the negro was the most un.
wise and least Necessary.
When it was proposed to enfranchise
The emancipated slave, and add to the
voting privilege of the people mass of
ignorant and uneducated freedmen, in.
huential persons both in and out OF
Congress gravely questioned the wisdom
Of such an act, but the interest of the
Nation and the judgment of its people
were not considered amid the partisan
clamor of that period. The whole ques
ton was merely regarded from the
standpoint of political advantage, and
as it was easily seen that this mass of
ignorance would be as putty in the
hands of the Republican party manag-
ers, the force of law was quickly APP
piled to the schemes of the leaders, and
the negro appeared the political equal
of the white man. That all just con-
slderations of public policy were rudely
ignored in that act of a Republican Con-
gress all sensible people could readily
see, and the mass of the people did see
and loudly protest, but protests were of
no avail when so evident party gain
was secured, and the consequence was
the addition of a voting element which
has done more to degrade the ballot
than all other causes combined. But
great as was this step still greater
was afterward taken. In order to thor
oughly humiliate and punish the people
among whom the majority of these ig-
norant negroes lived, the Civil Rights
act was passed by subsequent Repub-
lican Congress, and the social equality
of the negro with the white race thereby
proclaimed. Clothed with all the rights
and privileges of citizenship. it would
seem as if the negro and his party
champions might have been content,
but they were not, and the Civil Rights
act was brought into requisition to COM
plete the debt of gratitude for which the
country was to pay the penalty.
For nearly twenty years the Repub-
lican party has had the benefit of that
legalized partisan scheme; and now
Court almost entirely Republican has
decided it to be unconstitutional. Every
man blessed with good sense must have
been satisfied in his own mind that no
such legislation as forced social
equality between superior and an in
ferior race could stand the test of an
impartial inquiry, especially with such
a Constitution as this country claims to
be governed by. Such sweep and
stretch of partisan power might acquire
the force of law and be obeyed because
of the hostile political forces to which
the war gave rise, and which were in
dustriously kept alive for the most self
ish party ends, but returning peace and
goodwill was certain to show the enor-
nifty of an act which leveled all proper
distinction between an ignorant and an
educated race, and forced an equality
hateful and Objectionable, almost inn
possible of practical effort, and certain
to provoke the most strenuous oppo-
sition. 1t has always been claimed that
may have, and doubtless did, deter the
negro from Extensively pushing himself
as the act in question permitted. 1t
was impossible that such a measure,
born of sectional antagcnism and kept
on the statute books by the force of party
power, could remain when the reason
and the judgment of men were allowed
to exert their proper sway.
This unnecessary and unnatural
political measure, now declared void
and without effect by the highest jul
dicial tribunal in the country, is not the
only partisan law which Republican adj
venturers have saddled upon the coun-
try. The statute books TEEN with
measures purely political and intended
simply and solely for party benefit. So
accustomed have they become to over
riding the Constitution that its prin-
ciples or enactments are a dead letter
to them, and when an object is to be at
tanned or purpose carried out, they do |
not inquire whether it is unconstitu-
tional or not, but whether it will add |
vance party ends. Satisfied of this they |
plunge ahead, and, regardless of conse- |
quenceS, pursue the methods marked |
out by craft and intrigue. If the Re-
publican party cared anything for pub
lie opinion, it would hide its dishonored |
head in the dust. since a Court of its
own political faith has undone the work
which its leaders gloried in accomplish
ing. But it has no more regard for
public opinion than for law, and unless
awakened to a realizing sense of its I'M
worthiness by the lash of public indig-
nation, it goes on scheming and fatter-
ing just as if it had a thousand years to
live, and the country were to be forever
at its mercy. This decision of the SUI
preme Court will, however, open the
eyes of the people to the manner and
of the Republican party.
The lesson taught viii not be a new
one, for everybody at all conversant with
public affairs knows that these manners
and methods have violated constitu-
tional provisions ever since the party
has become an organized band of po-
Iitical spectators. They are now,
however, confronted by power greater
in its sphere of operations than the
dictates of caucus. They will now
learn, perhaps for the first time, that
the States have rights which can not be
0verrridden. and that the Constitution
has a meaning which must be obeyed.
Had they learned this lesson sooner, or
been governed nv natriotic conSidara