The times. [volume] (Richmond, Va.) 1890-1903, 1900-05-06

visit upon tha STATE any penalty
for election laws or cons titutional pro-
visions Niiolatiye of the Fifteenth Amend
1nent
Aside fnenl the reduction in reDresen-
tation provided Nor by existing law, he
suggests THAT Congress mig perhaps
declare =ftlIait 1.-THE offending State had no
government that was republican inform.
The effect, The said, CT the declara-
ton that the. government IN any State
is not republican,, would be that the
State would he reduced ITO territorial
government, or would be placed under
military supervision.
MIR. aIoRCqAN's CONTENTION.
The view taken by Senator Morgan.
however, sds by NO means undisputed and
many eminent lawyers contend that "a
constitutional provision in contraNen'tio on
Of the Fifteenth Amendment may, without
any action of Congress, he treated as
a nullity, and that, therefore, elections
held under such provisions and under
laws passed in pursuance thereof, would
seem ito be void. Again, if this latter con-
tention be correct, different results would
follow where, as in Louisiana, 1.-THE pro-
vision Claimed to he unconstitutional is
part of a new constitution, aboltshing
the former constitution, $50 THAT NO pro
vision could be substituted for it; and
In the case where the invalid provision
was an amendment replacing a valid
clause dn an existing constitution. In
the former case, the State would be left
without any election law. In the latter the
single election attacked might be the only
one invalidated leaving the former cleo
ton law intact to govern future cleo
tions.
IT, as Senator Morgan believes, "the
exclusive power given In the Fifteenth
Amendment is that of appropriate legis-
lation by Congress, y TT may we'll be doubt
ed whether Congress will ever take the
initiative in an attempt ito nullify these
provisions of tine Southern Constitutions
The observer of current political events
cannot but be impressed with the change
of northern sentiment in the matter of
interference with the political institutions
of 1.-THE South. The result in many of the
Southern States of free and uncontrolled
negro suffrage has been so disastrous to
the cause of civilization and good order
that conservative northern sentiment re-
cognizes the necessity of Anglo-Saxon
supremacy in every part of this country.
In order to insure 1.-THE blessing of good
government III its plans from the govern
mellt of our new colonial dependencies,
a Republican Congress has recognized
the fact that it is wise and proper, accord
ing to the varying political intelligence Of
the citizen and his capacity for self
government ITO limit the suffrage or Ito
deny it altogether
NEGRO SUFFRAGE.
To the attention OF those who are in
terested in the legal aspect of the CUES
ton and desire to pursue the ilWestisa-
tior1 further, I would call an article en-
titled ",rhe Fifteenth Amendment and
Negro Suffrage" published in Law Notes
of February. 1900; q very able discussion
of the Louisiana election clause in the
December number of the Harvard Law
Review, by Mr. Ar1asa M. Eaton, of Provi-
dence. Mr.. Gutherie,s lectures on the Four
teenth Amendment, pages 16 and IL. and /
would also recommend to them the bril-
liant argument of Mr.. George Tsountree,
a North Carolina lawyer of distinction,
recently published by THE North Carolina
State Democratic Committee. and a let
ter written by former Chief Justice
sheppard of North Carolina, unfolding
the constf utiorality CT the proposed North
Carolina amendment
WTLILTAM P N1RAE.