Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-01-29
THURSDAY. JANUARY 90. 1891.
The Fourteenth Amendment Redivivus


The fourteenth article of amendments 70
the Federal Constitution was framed 70
read az il does in order TO reduce the rep
resentation of the southern States IN the
lower house OF Congress. Old THAD. STE
VEINS and his gang Of conspirators against
the peace and welfare of the country could
not conceive that the proud southron
would concede the right OF suffrage 70 the
negroes. They pretended TO give the South
n choice Of evils; but they thought they
knew the choice was not q real or suostan-
tial one; and so they expected the negro
20 be disfranchised in all the southern
Stairs. and the strength OF these states IN
the National House OF Representatives 10
be reduced proportionately.
The younger readers OF the Dispatch can
hardly remember the CONSERVATION with
which this alternative proposition OF such
INSCRIPTIONS schemers as Beast BUTLEh
and THAp. STEVENS was received by the
GOOD people Of the South. But so 1t was.
Nevertheless, the fourteenth amendment
was ratified after fashion. though 1t had
become evident before its so-called ratifi-
cation had been completed that 1t would
fail of its object-namely. the reduction OF
the strength of the South in the lower
house Of Congress.
Then the fifteenth amendment was
formulated. This simply provides that no
person shall be denied tf right TO vote on
account of race, color, or previous condi-
ton of servitude. This last provision was
intended TO cut up the fourteenth amend
ment by the roots--to supersede 1t entirely
and render 1t dead letter. 1t was well
known that the sole object of the fifteenth
amendment was to prevent the negro
from being deprived of the right TO vote;
and 80 IL came to be accepted rs settled
settled under the operation of the fifteenth
amendment-that the fourteenth amend
ment was as il it had been stricken from
abe Constitution.
But not so. The conspirators discovered
chat the fifteenth amendment, though 1t
was not intended to have that effect, pro-
hibited the Acknowledgement of the white
man because he was white man just as
certainly and unmistakably as il prohibited
the Acknowledgement of the negro because
he was negro. In other words, they dis
covered that though the fifteenth amend
inent was intended and expected to render
null and void the fourteenth amendment,
IL had not done so. The fourteenth
amendment still had vitality enough in 1t
70 allow it to be used by the Republican
mslignants in harassing the South. There
fore, that vile scalawag. Mr.. HoUK, of Ten
nessee. offered in the House of Representa-
tiyes resolution instructing the Commit
tee of the Judiciary to inquire and report
whether in any State citizens are deprived
of the right of suffrage, not because they
are negroes or Caucasians, but for any rea-
son-except crime or rebellion" 1t Is
now stated that Mr.. CAswELL. chairman OF
that committee, has reported to his CON-
mittee that Massachusetts, and Mississippi
do by provisions in their State Constitu-
tions deprive citizens Of the right to vote,
and that the registration law Of South Caro-
lima has the same effect.
Mississippi is in good company. Massa.
chusetts and other States have educational
qualifications applying to their voters oil
would-be voters. These qualifications arr
subject to the operation of the fourteenth
amendment, and the representation of al
such States might be reduced (but will not
for that reason. But 1t has never beer
held that a registration law came under
the operation of that amendment, seeing
that its object is not to deprive anybody o.
the right 70 vote, but simply to aid thu
State authorities in ascertaining who pos
sesses that right. To allow persons to vot'
who are not entitled to vote is In effect u
deprive persons OF their votes who are en-
titled TO vote. In fact, registration Law
is nothing in the world but law devised
for the purpose of separating the commu
nifty into voters and non-voters, Think o
the absurdity of the contention that {
State has not the right 10 protect he
voters from the neutralizing ballots o
CARPET baggers and tramps. Why, tn
Australian-ballo system would come un
der the condemnation Of the fourteenth
amendment If ordinary registration law
come under 1t.
We conclude. therefore. as indeed We
are compelled TO conclude, that it ID moi
registration laws in general that are con
demned by the report made TO the House
Judiciary Committee by Mr.. CAswEIrA Blu
the registration law of South Carolina
which doubtless has some provision In !
that has afforded the malignants on tina
committee an excuse for annoying tina
glorious little State. We have no fear tina
the Virginia registration law Is in any
danger, nor, indeed, that any result vii
follow Mr.. CAswxLL's report except per
haps futile effort to make IL appear that
the registration laws Of the Palmetto STATE
operate as the white men there intended
them 10 operate.
Our Claim.