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

IL the mind that conceived 'tlu ioiN
lated the fifteenth amendment WAS W
rectcd to the purpose OF prlh@llS tne
whole subject OF negro suffrage again
within the control of the people, through
their REPRESENTATIVES, i'll Congress- ACT
inc within ordinary and appropriate pow
erS of legislation and without the neces-
sity of again amending the CONSTITUTIONS
# was as wise and henignant a Thought
rs ever entered the brain of a statesman
or found = RESPONSE in the heart of Il
natriot. Whatever was the purpose
| am satisfied that this result mas neeh
reached. and that it now rests WIN ION
cress exclusively 10 say when ana no"
far negro suffrage shall be modified or
THE INTEGRITY OF THE STATE.
how far it shall he sustained.
The people through the h1teelilh
amendment have reserved the power TO
themselves to say in acts OF appropriate
legislation what disposition shall be made
of negro suffrage in the States. Inns
Legislative power is of course, regulated
bv other limitations in our CONSTITUTIONAL
system of government and is subordinate
r. tho preseryation OF the Union and the
integrity of every State that Is Il melil-
her Of the Union. y State can not be
regulated to IL Territorial form OF gov
eminent or otherwise entirely deprived
of it's representation in the senate OF
House of Representatives or III the elec-
toral colleges because 1T has aool-
ished negro suffrage in whole or III part.
If it's representation can be reduced 1ot
that cause. the fourteenth amendment
furnishes the rule and preScribes the
limit OF such reduction.
The question of the protection OF the
suffrage of the negro against dlscrlmi-
nation under the laws is the only one IN
reference to which the Constitution gives
specific plenary and discretionary pow
or 10 Congress. TO be exercised by APP
propriate legislation or to he Declined
if Congress refuses To exercise the
powcr. Ii is not mandatory, and no man
can be conscience bound To exercise the
power if he feels that it would lmperll
the country. In the fourteenth amend
mcnt the power to reject the negro vote
is admitted. in favor of the States. and
this right is nowhere taken away.
If the right thus given TO the States
is taken away by the fifteenth amend
ment. as | do not believe it is. the power
repeated separately in that amendment,
and it stands as the sole authority to
deal with the subject. to be exercised
AT the discretion of Congress. 1T may
be that n power is given to Congress IN
deprive the State of the right reserved
i'm the fourteenth amendment. but, If so,
il is only II power and Congress IS nor
bound to Use is
Unqucstionably this legislative power
is political and is not judicial. and it
conveys no vested right in the negro
race TO vote that can stand against the
power of Congress TO permit State 10
disouahfy them by refusing TO proceed
To enforce their demand for the ballot.
NEGRO SUFFRAGE NOT VESTED.
/ If Congress can enforce the demand
OF the negro for protection against dls-
Termination in the ballot, by appropriate
| legislation, they can in their discretion,
refuse or omit to enforce that demand.
The grant of power 10 Congress to
enforce the fifteenth amendment neces-
sariIy implies a discretion in its use. The
Supreme Court has declared in several
cases. that neither the fourteenth nor
the fifteenth amendments give the negro
any vested right to the ballot. 1t is not
therefore Il right. but Il policy, that is
established and Congress is the sole judge
as to the time and the occasion for en-
forcing that policy.
1t was an auspicious day in the his
tory of this grand Republic when the
rules of constitutional restraint or man
date were so far relaxed as to allow
the people to deal with this race question
according 10 their Just judgment concern
ing the safety of that race and right
full supremacy of the white race.
THE PRESENT DUTY.
If the new constitution Of Louisiana
and the proposed amendments to the
constitution of North Carolina are in
conflict with the fourteenth and fifteenth
amendments of the Constitution of the
United States. the whole subject of dis
elimination against negro suffrage is now
presented to Congress and the people, to
he settled by appropriate Legislation,
suited to the present situation, as duty
and the general welfare shall hereafter
require, and we are not forced to the
difficult process of amendment to save
the peace of the country. What then,
is the present duty of the American
people on this subject. and what is the
present requirement of the general vel
fare as to negro voters and the negro
ir politics?
More than half. probably three-hfths,
of the voters Of the United States, to
whom these questions now address
themselves, had no part i'll comforting
suffrage upon negroes, and they are free
from responsibility and largely from
prejudice in the matter.
THE NEW GENERATION.
The fifteenth amendment was pro-
claimed on the Both of March, 1870, as
part of the Constitution, and no mar;
| born later than March 80, 1S49, could
have had a part III its adoption or ratif-
cation. Those who participated in il
are 30 years old and upward. A new
generation, in which every lawful voter
| has the right TO be heard on this sub
| iect. as if it were for the first time
presented. must be permitted TO express
| it's free untrammeled opinion ON this
question, Shall Congress proceed 10 deal
with Louisiana for the course she has
taken in amending her constitution in re-
spect of the right of suffrage. or shall she
let alone?"
| If the people say she shall be let alone,
2