The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-01-19
MORGAN ON THE SUPREME COURT

Senator Morgan is clearly of the opin-
ion that the congress alone can deal
with the subject of the Pritchard reso-
luton. He says that "it is clear, I
think, to everybody that when any rem
edy or penalty is to be enforced against
a state, under either of these amend
ments, congress has the sole and exclu-
sive power to deal with the subject by
appropriate legislation, but it must do
this within the clear limitations of it's
authority. If the rights of any person
are alleged to be denied by any other
person or by a state, the jurisdiction
that can give a remedy is in the judi
cial department, when ongreSs has
conferred that jurisdiction.
THE judgment of a court, operating
in personam, can enforce the personal
rights of the injured party under the
fourteenth amendment when congress
provided such a remedy. No such jul
risdiction or remedy is provided under
the fifteenth amendment. The exclu-
sive power given in the fifteenth
amendment is that of appropriate legis-
lation by congress. That power touches
the states and the United States as
governments; and if it is ever extended
SO as to affect the rights and remedies
of PERSONS, that car only be done by ap-
propriate legislation"
We suppose that every good consti-
tutional lawyer will accept the state
mant made by one who is above most
OF his fellows in great natural abilities
and in close study, wide observation
and vast range of information. Great
lawyers like Pritchard and Butler may
demur. but the people will survive n
the country will not go because of
their adverse and antagoniZing opin-
ions, ito the demnition bow-wows."
Senator Morgan continues his lesson of
instruction to Jeter and Marion in this
wise:
ANY question of coercion, therefore,
that arises under the fifteenth amend
ment as against a state or it's officers
is legislative-which means political
and is neither judicial nor executive
until il is made such by act of on
gress. All the relations between ON
gress and the states are political.
1.-The obedience hat the states, as
such, are required to observe toward
the United States, where the laws of
the United States are supreme, is po-
litical in it's character and ear not be
enforced by the DEGREES of the courts"
liz VIII AlOl n NAlA clNO may M
and snort over it when they begin their
campaign to restore North Carolina to
the control of Russelrs 'savages," but
the real white folks will read with
pleasure and satisfaction. When a
great man expounds it is time for the
legal midgets to be quiet. The suprem
court follows the cad of congress in
such questions says the great expond-
M apI the small frx naaI not Ann ont
of the frying pan into the fire because
of this plain truth known and read by
most men of sense. He says farther.
and it is edifying, and Jeter and Mari
on should listen we'll and heed:
The supreme court in a number of
cases have considered the fourteenth
and fifteenth amendments separately
and in connection, and no suggestion
| of any conflict between them has been
made.
According to accepted rules of con-
struction that apply with peculiar force
to organic laws, each and
| every part of each must stand in full
effect, 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 complete system"
HI is. instructive, and necessary
now. 1t puts the case in a simple, clear
light, as far as we have gone. We
leave it until another day. With the
several short articles the Messenger
has given it is hoped something will be
gathered to strengthen the democratic
stakes and make Sorrowful the enemies
of a White Man's government.