The times. [volume] (Washington [D.C.]) 1897-1901, 1900-01-09

The following substitute, onerec by Mr..
Pritchard for his original suffrage resolu-
ton. was the subject OF a long opposition
speech by Mr.. Morgan of Alabama in the
Senate yesterday: ~"a
Resolved That an enactment by constitution
or otherwise 10y any State which confers the right
10 VOC upon any Of it citizens because Of the':
descent from certain persons OF classes OF per-
Sous and excludes othti citZcns because they are
not descended from such persons Ciasses Of
persons. having all other qualifications prescribed
by law, in the opinion OF the Senate is in
violation OF the fourteenth and fifteenth amend
m,nIs 70 the Con- tuition Of the United States.
and OF fundamental principle oi our republican
form OF government.
Mr.. Morgan spoke in part as follows:
MIR. President, the resolution read at
the desk reveals the fact that We have
reached a danger point in the history Of
the Republic which We cannot avoid or
neglect. 1t has not been suddenly or de-
signedly sprung upon the country by any
recent event or by any recent political
movement.
THE immediate cause Of this dangerous
condition originated more than 4 third OF a
century ago, time that aRtedates the birth
of this generation of Americans. The trou-
BILE has fingered like a smoldering fire.
burning into the vitals Of the country and
creating discord and irritation, political and
social, and now IL has reached the open
and demands our best efforts TO control IL
Il am convinced that no other tribunal.
except the people voting in the elections,
has the rirat or the power to finally settle
this question here presented In the reso-
luton offered by the Senator from North
Carolina, and i will eadeavor to sustain
this view of the matter in my further re-
marks to the Senate.
THE resolution as amended and also In
its original form is not intended to have
the force of law, as II should have. If the
Senator from North Carolina really desires
such action as will settle the question he
forces upon the attention OF the country.
1t is only an expression as to what he
thinks the law ought to be. 1t is mt an
enactment, but is the expression of view
or opinion. II such a resolution Is not
obeyed, there are no penalties for its vio
lation, either by individuals or by the
State. No results follow it's violation in
any legal sense. A departure from the prin-
ciple stated in the resolution as a correct
principle OF government involves only a
difference of opinion between those who ad-
here TO it and those who choose to reject it
The Negro Amendments.
at has been settled in various cases by
the Supreme Court that the fourteenth and
fifteenth amendments apply exclusively to
the negro race. These decisions are far
short of the full meaning of the text of
these amendments, although they agree
with the common understanding of the
purpose of their ordination. An Indian or
negro State could constitutionaliy exclude
white men from voting on account of race
or color under these decisions, but it is
held that no State can lawfully exclude
negroes from the ballot box for the same
r: asoi.s. The deductions TO be made from
the fou:te nth atd fifteenth amendments
OF the Constitution in their relation to
negro suffrage. as the same are construed
by the Supreme Court. are:
First. That so far as they relate to
they affect only the negro race
who are citizens OF the United States.
9" Second. That they protect negro suf-
frage only against the operation of laws
that exclude them from voting by rrovi-
sions that discriminate against them on
the ground OF race, color, or previous
condition of servitude
3" Third. That the power to extend this
protection is legislative and is vested In
to be exercised by appropriate
legislation
Fourth. That when Congress exercises
this power directly against a State 1t is
limited to the right to reduce
The basis OF apportionment of such State
in the proportion that the number of
negroes that are excluded from voting by
The State law bear to the whole number OF
male citizens twenty-one years OF age in
such State
'Fifth-Whether the fourteenth and r.
teeath amendments repeal or modify the
'ourth section of Article / of the original
as to the legislation that Con-
sress may provide for the especial protec-
lion OF negro suffrage is a question that
Toes not concern what Congress may do in
he enforcement of those amendments.
'Sixth-But il all the provisions OF the
touching the subject of cleo
lions none Of them are self-executing as
against the States concerned. AS to the
States. and as to any penalties or remedies
that can be enforced against them, no
power exists in any department of the Gov
except Congress through appTo-
private legislation
Two Courses.
IF Congress refuses to act, neither the
'ourts, through any writ or decree, nor the
Executive, through any force confided to It.
an take single step toward compelling
he obedience of a State TO the fourteenth
,r fifteenth amendments. II acts of Con-
,ress enforce these amendments and indi-
-iduals are affected by them or by State
avs which they contravene, they operate,
Is do all other provisions Of the Constitu-
ion, to test the validity OF such acts. and
he courts can decide as to their validity
md enforce 1t where they have Jurisdiction
Il the parties. To this extent and in this |
ray all the provisions OF the Constitution
ire self-eXecuting.
at is quite different question when the |
,ourts or the Executive undertake TO en-
orce the Constitution against State. in |
ny form of procedure. when Congress has |
Tot defined the offence or provided a pen |
lty. That is simply impossible. And Con- |
,recs can infict no penalty on State for |
'eiusing suffrage to negroes except that |
yhich Is provided in the fourteenth amend |
nent.
1T Is most disagreeablc to every honor |
.ble man in the South to listen from year |
. year to accusations against our Southern |
,eople Of frauds in the elections. Nor is |
I any relief TO know that equal or NOE |
dangerous frauds are practiced on white |
nen in the Northern States. If Southern !
White men have falsifcd election returns.
hey have the stronger If not the better. I
eason that they are acting upon the same |
aw of self-defenee that insulted and out |
aged human nature resorts TO for the pre- |
ection of homes and families. women and |
hildren. from race that sets at defiance |
II moral restraints upon their brutal dc |
Tres and fills the country with horrors that |
efy description and a retaliatory ven
.eance that infuriates It's inliictors with a |
pirit of uncontrollable rage. This gcl-
.ration and those who preceded tlsm and |
gere born in the nineteenth century were |
lot responsible for the origin Of this evil IN |
America. 1t came here with the importa
ion Of negro slaves. who were in Africa !
he slaves OF their own kindred.
The Negroes Needs.
ut Will be greatly modified when The |