Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-03-16
SUNDAY. MARCH l6. 1890.
Mr.. Enar Cnnfeeens.


Several years ago ono of our Virginia
Republican exchanges warped the people
that this State had been admitted torepre-
sentation in Congress under fundamental
conditions" which prohibited them from
changing their Constitution in certain re-
epects. We took issue with our contempt
sary, maintaining that the fundamental
conditions" referred to were entitled TO
no respect at the hands of the people OF
Virginia who had exactly the same right to
change their State Constitution as the peo-
pie of Massachusetts, had to change theirs.
1t does not matter what these "funda-
mental conditions" were. Whether they
applied TO one feature or another of q
States Constitution. they were utterly
worthless. The State was incapable OF
making such bargain with the Federal
Government. and the Federal Government
had no power TO enforce the agreement
Besides, if State acting on It's own motion
and free to decide either way had the power
thus to contract with the Federal Govern
ment, it had no such power when 1t was
acting under duress and had been com
manded to enter into such an agreement.
In q speech made in the United States
Senate few days ago. Mr.. GEORGE, of Mis-
sissippi. quoted the following paragraph rs
q statement of the fundamental condl-
tionsn under which Virginia had been adj
united to representation in Congress III
Is7O:
THAT the State of Virginia is admitted
70 representation in Congress as one OF the
States of the Union, upon the following
Fundamental conditions: First, That tho
Constitution of Virginia shall never be
so amended or changed as TO deprive any
citizen or class OF citizens OF the Unlied
States of the right to vote who are entitled
TO vote by the Constitution herein recog-
nized, except as a punishment Tor such
crimes as are now felOnies Mt common law,
whereof they shall have been duly con-
victed under laws equally applicable to all
the inhabitants of said State"
These fundamental conditions" bind
che people Of England as much as they
bind the people of Virginia, and Mr..
GEORGE took occasion TO express his
opinion ne to the worthlessnoss of these
conditions. Mr.. GEORGE is one of the best
lawyers in the Senate. He was once the
Chief Justice Of the highest court in Mis-
sissippi. Now read his opinion III the case
under consideration:
Mr.. GEORGE: But, sir Ito Mr.. Hoarl,
you have got my hands bound, II only your
fundamental conditions are constitutional.
j believe they are not only the injustice
which have described them to be. as DIS
eliminating between Mississippi and Texas
and Virginia on the one hand and the
northern States on the other. but belleVe
they are q gross violation OF the C0nsutu-
fion, utterly null and void.
utterly null and void" or course
they are. All honor to the southern sena-
tor who IN that high place dared thus to
speak Of one of the pretended laws of re-
construction days.
MIR. HoAR as lawyer had TO confess that
Mr. GEORGE was right if his construction
of the law imposing those fundamental
conditions was right. Mr. HoAE said;
Mr.. President,-I do not agree with the
honorable Senator from Mississippi IN re-
gard to his construction of that statute.
If l did should agree with HIM that IL
was unconstitutional"
That declaration is highly creditable to
MIR. HoAn, who is perhaps Mr.. GEoRGE's
peer as a lawyer. What was the wrong
construction which Mr.. GEORGE had put
upon the statute! 1t was his statement
that Congress had bound the hands of the
southern people ~ only your Fundamental
conditions arc constitutional" Mr.. HoAB
ought TO have been candid enough to own
that these fundamental conditions"
were unconstitutional no matter what
construction might be put upon them.
Who knows but in time the Supreme
Court of the United States will be indie
pendent enough and patriotic to express
un opinion upon the validity of the three
last amendments to the Federal Constitu-
ton? Such an opinion might be made ex-
ceedingly interesting reading by the great
LAWYERS upon that bench. If those amend
ments were consttutionally Incorporated
into the Constitution, those learned judges
can make that fact apparent. We will
close by quoting Mr. GEORGE on one of the
amendments. lie said on Wednesday last
IN the Senate:
Mr.. GEORGE: Very WELL l desire to
mako this remark; il may as well be known
now: The Senator MIR. Hoarl seems 70 be
not entirely clear upon these great his
torical events. The fifteenth amendment
was repudiated over and again by the Re-
publican party, not getting more than
eleven votes at any one time, until tebrn-
ary, 1869, when after the election of Gene
ral Grant upon platform which promised
the people of this country that Congress
would not pass the fifteenth amendment 1t
was passed by Congress and afterwards
ratified.