Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-01-25
WEDNESDAY,. JANUARY %, 1888.
Incorrgble.

we must say worn III Teply W tbc
two articles addressed to us in the Gin
cinnati Commercials Gazette in its issues
of Saturday and Sunday last. We had
supposed that Mr. HALsrEAD had been
convinced that the fourteenth amend
ment was never intended 10 apply to the
wrongful acts Of persons. But We find
that we were mistaken. His arguments
must surprise his lawyer friends. 1t IS
so plain upon the very face of
the fourteenth amendment that the
whole OF it applies TO the body polite
the State-that we hardly know how to
begin the task of making that fact more
apparent to our Cincinnati contemporary
than it ought to be made by mere Pc
rusal OF the language OF that amendment.
Nevertheless we will try to do SO. We
will quote that amendment in full. 1t is
as follows:
"No State shall make or enforce any
law which shall abridge the privileges or
immunities of citizens of the United
States nor shall any State deprive any
person of life, liberty, or property with
out due process of law, nor deny to any
person within its jurisdiction the equal
protection of the laws. But when the
right to vote at any election for the
choice of electors for President and
Vice President of the United States, re-
representatives. in Congress, the executive
and Judicial officers of a State, or the
members of legislatures thereof, is de-
MED to any of the male inhabitants OF
such State. being twenty-One years OF
age and citizens of the United States, or
in any way abridged, except for partici-
patton in rebellion or other crime, the
basis of representation therein shall he
reduced in the proportion which the
number of such male citizens shall bear
TO the whole number of male citizens
twenty-one years of age in such State. "
Mr. HALsTEAD argues as follows
This says when the right of voter
TO vote is in any pay dbridgcd not
when the State does it, but when it is
done in any way the basis Of repre-
sentation in the State where it is done
shall he reduced.
There's just where you are grossly and
inexcusably in error. The word "way"
means manner" ain any manner
abridged of course by the State.
That is, abridged by statutory methods
or devices of any sort. The words
"But" and "therein point out the
State as the only party that can commit
the offences forbidden. No ",State
shall do such and such things. "B0t
if the State does deny or abridge the
right OF a negro TO vote "the basis of
representation therein" lin that State)
shall be reduced, &c. Language could
not well be more explicit. Besides, 1t
would be preposterous to claim that Il
States representation in Congress could
be rightfully reduced because of the un-
lawful acts of one or two hundred, or as
to that matter one or two thousand, per-
sons.
Mr.. HALsrEAD is mistaken on another
point. He says:
"But the fifteenth amendment was
not intended TO nulliiy any part of the
fourteenth"
Let us see. The fourteenth empow-
cred the State to disfranchise the ne
groes. The fifteenth forbids the State
10 disfranchise negroes-in other words
"nulli6es" the fourteenth. Where is
there any room for doubt? There is
none. Yet here is his contention;
1.-THE fourteenth provided special
political punishment for the abridgment
of the right OF suffrage in any way
and the fifteenth says this abridgment
shall not take place; but it does take
place.
But il does" not "take place"
There is where you are in error again.
1t not only does not take place but it is
impossible thatit could take place. The
State is the only party that can "deny"
or "abridge" the right of suffrage,
within the meaning of the fourteenth
amendment, and as under the fifteenth
the State cannot possibly deny or
sbridge that right, it follows necessarily
that no denial or abridgment does "take
place"
The Federal Constitution provides as
follows:
"No State shall coin money!"
VIII Mr. HALsrEAD apply his argn-
ment here? A hundred men combine
and "coin money" Could the State be
punished for their unlawful act ?
p. S.--If Mr.. HAIsTRAD objects to the
use of his name instead of that of The
CJmmeroiat- Gasette, and will say so,
We will OF course respect his wishes in
the matter. The articles we comment
upon are so plainly his, however, and he
is 80 well known as the principal editor
Of his paper, and the name of his paper
is 80 long. that We have frequently pre-
Ierred using his name.
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