The times. [volume] (Richmond, Va.) 1890-1903, 1893-10-13
Az tKKONEOLn XIEW.

condemnng the repeal OF the Federal
repeal would be a notification Of the
amendments to the Constitution OF the
United States produced by the war. 1t
Is preposteroUs 10 make this claim, and
it is surprising, therefore. TO find a jour
nal ordinarily so fair and clear-sighted,
appealing TO sectional feelings, instead
Of to reason, with this sort OF clap-trap.
The New York Tribune had already adj
yanced the same proposition. and it will
be made to cut a considerable figure in
that 1t is quite as well that 1t should be
examined on its merits to see just how
IT stands.
Three amendments to the Constitution
were adopted directly after the war the
18th, 18th, and 18th. The 18th forbids the
existence OF slavery within the United
Staes. The l4th defes citizenship
of the United States and forbids
the States TO abridge the privileges
or immunities OF citizens Of the United
States, or to deny 10 any person the
equal protection Of the laws. or to de-
prive any person OF life, liberty or pro-
perty, without due process Of law, and
the 18th forbids either the United States
or any OF the States to deny to any
citizen Of the United States the right 10
vote on account Of race, color, or pre-
vious condition of servitude. Congress is
given power 10 enforce the provisions
Of each amendment by appropriate leg
islation.
Now, this is the whole of these post
war amendments so far as the laws
sought to be rpealed are concerned. Sup
pose that every one Of the acts is re-
pealed? VIII not each one Of the amend
ments remain just as it is? Would not
an act OF Congress or an act Of a State
Legislature undertaking to ensiave a per
son, or to abridge the privileges and i'm
munities OF citizen Of the United States,
or to deny to any person the equal pro-
lection of the laws, or to deprive any
person of life, liberty or property
without due process Of Law, be still just
as repugnant TO these amendments as
they were when the obnoxious acts Of
Congress were stin in force? OF course
they would be, and either the Federal or the
State judiciary would certainly pronounce
void and OF no effect any act, either Of
Congress or the State Legislatures that
undertook 10 do any one OF those things.
The AMENDMENTS, therefore. would be
left In all their vitality and force whether
the acts of Congress are repealed or
whether they are not. They are great
muniments Of personal right-the greatest
that have ever come from any legisla-
tive body since Magma Charter-they are
forever Incorporated into the Constitu-
ton of the United States, and there is
no more disposition in the Southern States
TO interfere with them as a part of the
Constitution than there is in Philadelphia
IT, therefore. the Telegraph had said
that repeating these laws suspends that
part of the amendments which author
ICES Congress TO enforce theft provisions
by appropriate legislation. it would have
been entirely correct. and It is wise and
good that the hand OF Congress should
be stayed in this respect.
We shall not argue that this part OF
the amendments should not have been
incorporated in them. Cases may arise
In the future when II may be wise for
Congress 10 pass laws to enforce active
ly and vigorously the provisions of the
amendments, but no such case has yet
arisen and we do not believe any
such ever will. The sine qua non Of good
and pure government is that the affairs
Of the locality shall be governed by that
locality itself IL the controlling opinion
there is bad the evil is to be corrected,
not by coercing the locality by outside
force, but by changing the bad opinion
through argument and reason No pro-
gress is made toward lettering things
by forcing the locality 10 do what an
outside party thinks the right thing, but
which the locality itself is opposed to-
The wise and wholesome parts of the
amendments. therefore are those parts
which undo ana make void acts Of the
State Legislatures which undertake to
set up the injus,ices denounced by them.
But when Congress undertakes 10 in
wade the neishborhood. and by the strong
hand Of The outsider, compel the neigh
borhood TO change its conscience and
cherish moral views which the outsider
loves but that neighborhood abhors, 1t
| undertakes TO 90 that which the wise man
knows is foolish and a vain thing
Let these amendments. then. stand for
ever. and. with the judiciary 10 enforce
and wtalize their prohibitions. they are
imperishable monuments 10 the wisdom
and justice OF the American people. But
keep the hand of Congress off.
What is wrong In the moral sense OF
the neighborhood will be corrected and
set right by moral influences 81 the neigh
bofhood is left alone to the rule Of the
moral law But no Improvement will
ever take place whilst outsiders seek to
coerce the conscience by brute force.