Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-01-04
wEDNEsDAY......J JANUARY 4, 1888.
Tho Amendments.


Some Of them object 10 him that he was
selected by Mr. CLEVELAND because he
had been q "rebcl." Others object to
him that he was never distinguished as a
lawyer Still others that he once refused
TO vote for resolution affirming the
validity Of the thirteenth, fourteenth,
and fifteenth amendments.
We said recently that Mr.. HMsrEAD
had shown his ignorance OF the Federal
Constitution by claiming that Congress
has the power to deprive State of por-
ton Of its representation in Congress be-
cause Of the unauthorized acts of lawless
men, and that he hal quoted the four
d, teenth amendment as fully iustifying
Federal laws which the Supreme Court
of the United States would declare null
and void without waiting to hear an ar
gument on either side of the question.
We concluded by asking whether we
should not pronounce him hypocrite
Mr.. HALsrEAD replies in "luch a sort -
as to disproyo the charge of hypocrisy.
He seems really to believe that Congress
has power to make State pay the pen
atty Of the lawless acts of persons. He
quotes the fifth clause Of the fourteenth
amendment as follows
"Clausc 8. The Congress shall have
power to enforce by appropriate leglsla-
10 x,w,,~.atcr,c nf4 Ifg arftpla "
He then solemnly adds;
THAT would seem to make clear the
power of Congress.
Does our Cincinnati contemporary
really hold that the new amendments
could not have been enforced by Con-
gress if the clause quoted above had not
been attached to them? Can Congress
enforce no clause, nor paragraph, nor
section, nor article of the Federal Con
stitution which appears in that instru-
ment without being followed by the
tslismanic words above quoted? Does
he hold, for instance, that Congress can
not enforce paragraph l, of section
tenth. of Article lst, which reads rs fol-
lows:
ono State shall enter into any treaty,
alliance, or confederation grant letters
Of marque and reprisal, coin money, emit
bills of credit, &c., &c
Can Congress enforce those proyi-
sions II 30 the words "The Congress
shall have power to enforce by appro-
pirate, legislation the provisions of this
article" do not seem to have such virtue
in them as our Cincinnati contempt.
rary attributes TO them. Anyhow, it
is certain-and this is where he
misses the point-Congress can enforce
only what the amendment provides for'
and what the amendment provides for Is
that no estate as body-politic or po-
litical organiZation-no State govern
mentor to use the very words OF the
fourteenth amendment, "No State shall
make or enforce any law which shall
abridge the privileges or immunltles OF
citizens of the United States" That
does indeed seem TO us TO be very plain
and entirely unambiguous, and yet Mr..
HAIsTEAD processes to hold-and we are
bound. therefore, to concede does hold
that that language, in connection with
the penal clause of the same amendment,
authorizes Congress to deprivea State OF
a portion of its representation in Con-
gress if lawless persons in such States
intimidate negro voters.
What is TO be said of any man who
thus misintcrprets the plainest words OF
the Federal organic law ? But, more
particularly, what shall he said of the
Republicans of Ohio when the paper
which they recognize as their represen-
tative journal gropes in such gross dark
ness d? "If these be the gods what must
the worshippers not be?" And We tell
Mr.. HALsTEAD that there is not respect
able lawyer in the Republican party
who could be induced 10 declare that his
construction Of the fourteenth amend
ment is the correct one.
As Mr.. HALsTEADs premises are false,
follows that his conclusions are I'M
warranted. His figures going to show
how many negro votes are suppressed
are not worthy Of consideration in this
connection. So, also, as to the tout
RACES " he delights to catalogue. The
suppression and the "outrages" are
the work, not Of the State Qet us say)
OF Georgia, but Of violators of and Of
tenders against the laws OF Georgia.
This work is done contrary to the COM
mands Of that State. We concede the
"outrages." &c, for the sake of the
argument.
We ask Mr.. HALsrEAD to bear in
mind that Massachusetts, requires an
educational qualification and Pennsyl-
wanna and other northern States
other qualifications. and then read
the following clause OF the fourteenth
amendment, and tell us what he thinks
OF the "outrages of those States; for
In these cases it is the State, not law
less persons. that has committed the of ,
fence we quote:
"But when the right to vote
is denied 10 any OF
the male inhabitants OF such /
State. being twenty-one years OF age |
and citizens OF tho United States. or in /
any way abridged. except for partici-
patton IN rebellion or other crime, the
basis OF representation therein. shall DO
reduced in the proportion which the
number of such male citizens shall bear
10 the whole number Of male citizens
twenty-o one years OF age in such State. "