The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-01-09


| has violated the fourteenth and fifteenth
amendments of the Constitution of the
United States. and, il they SO decide,
whether any and what measures will be
taken to haul the State in order.
i need NOT say one word to Impress the
Senate and the people with the dread
significance of this situation. | cam only
appcal to the forbearance. the wisdonl,
and patriotism of Congress and the peo-
nle for a dispassionate consideration of
the subject 1t is clear, L think, 70
everybody that when any remedy or pen
atty is to be enforced against n State,
under either of these amendments, Com
oresS has the sole and exclusive power
to deal with the subject by appropriate
legislation but it must do this within the
clear limitations of its authority. If the
rights of any persons are alleged to he
denied by any other person or by Il
State. the jurisdiction that cam give n
remedy is in the judicial department,
when Congress has conferred that juris-
diction.
The judgment of a court, operating i'll
personam, can enforce the personal rights
of the injured party under the fourteenth
amendment when Congress has provided
such a remedy. No such jurisdiction or
remedy is provided under the fifteenth
amendment. The exclusive power given
in the Fifteenth amendment is that OF
appropriate legislation by Congress. That
power touches the States aIsi
the United States as govern
ments: and if it is ever extended so as
to affect the rights and remedies of per
sons. that can only be done by approprl-
ate legislation
Until it is so expressly provided by law
neither the courts NOR the Chief ENecu-
tive can take any action against Stare
or IL person to enforce the flfteenth
amendment.
THE POWER OF CONGRESS-.
Any question of coercion. therefore,
that arises under the fifteenth amend
ment as against a State or its Officers
is legislative-whichm means political-and
is neither judicial nor executive until ii
is made such by act of Congress. All
the relations between Congress and the
States are political.
The obedience that the States. as such.
are required to observe toward the United
States. where the laws of the United
States are supreme, is political in its
character and cam not be enforced by the
DEGREES of the courts.
The Supreme Court follows the dead Of
Congress in such questions. Whatever
law of Congress- or act of Government
that relates to the relations of the States
and fixes them, like the relations with
foreign governments, is political, and the
Supreme Court has uniformly refused to
take jurisdiction of them
The Supreme Court. in a number of
cases, have considered the fourteenth
and fifteenth amendments separately and
in connection. aud no suggestion of any
conflict between them has been made.
! According to accepted rules Of con
struction. that apply with peculiar force
10 organic laws. each ordinance and
! every part of each must stand i'm full Ell
! feet. if that is possible, and each will be
operative in the field of action that Is
open to it.
Yet the whole body of the organic law
must be construed together as one com
: plete system.
! THE COLOR" AMENDMENTS.
The deductions to be made from the
fourteenth and fifteenth amendments OF
the Constitution in their relation to ne
! gro suffrage, as the same are construed
J by the Supreme Court, are:
/ First. That SO far as they relate to
suffrage they affect only the negro race
who are citizens of the United States.
Second That they protect negro suf
! frage against the operation of laws that
exclude them from voting, by provisions
| that discriminate against them on the
ground of race. color, or previous condi
ton of servitude.
Third. That the power to extend this
protection is legislative and is vested il
Congress- to be exercised by appropriate
! legislation.
Fourth That when Congress exercises
this power directly against State ut Is
! expressly limited to the right to reduce
the basis of apportionment of such State
in the proportion that the number of me
groes that are excluded from voting by
the State laws bear to the whole number
of male citizens n years Of age in sucl
State.
Fifth. Whether the fourteenth AND
] fifteenth amendments repeal or modify
the fourth section Of Article i of the
original Constitution as TO the Legislation
that Congress may provide for the espe-
eial protection of negro suffrage is q
question that does not concern what Con
! gl,eSs may do in the enforcement OF those
amendments.
Sixth. But ip all the provisions of the
| Constitution touching the subject of cleo
| tons none of them are self-eXecuting as
| against the States concerned. As to the
! States, and as to any penalties or RENE
I dies that can be enforced against them
no power exists in any department 0i
| the Government. except Congress
through appropriate legislation.
/ If Congress refuses to act, nelther the
! courts. through any writ or decree. MOI
the executive through any force contidec
! to it. can take n single step toward conn
! polling the obedience of State to the
/ fourteenth or fifteenth amendments.
If acts of Congress enforce these
! amendments and individuals are affected
by them or by State laws which they
| contravene, they operate, as do all Other
provisions of the Constitution, to test the
| validity of such acts, and the courts cal