New-York tribune., 1901-06-15
VIRGINIA AND THE CONSTITUTION.

The delegates TO the Virginia Constitutional
Convention find themselves in an embarra ssing
position Like their fellow constitution makers
of Alabama, they see themselves under conflict
ing obligations. while, unlike some of the Ala
bama leaders, they are unwilling TO acknowl-
edge their duty 10 the nation as paramount to
their pledge TO disfranchise the negro. Hence
they are protesting against any oath 10 obey the
| constitution of the United States or even the
| present constitution of Virginia in the perform
| ance of their laborS
| The Virginia delegates understand perfectly
well that what they elected for Is to violate
| the constitution of the United States. Mere
| violation does not seem 10 trouble them much
but being gentlemen of honor. they object to
| swearing to support that constitution as an Incl
dent TO securing official power to violate IT,
This punctousness may seem a trifle strange
but il has its uses Not everywhere are the
negro disfranchisers frank TO admit the charac-
ter of their programme. Most of them prefer
TO periure themselves like gentlemen I'm the
hopes of covering mp the utter unconstitution-
ality of their programme. They have under
stood that neither the political judicial
powers of the nation werc anxious To stir up
new ntagonisms over the race question and
were not likely TO inquire too curiousy into the
operation of laws. So they found il convenient
TO violate the spirit of the constitution while
protesting vigorously their loyalty to its letter
But agreeing with Ex-Governor Jones of Ala
bama, who says frankly that no man can dis
franchise the negro and preserve the ballot TO
all white voters without violating the Federal
constitution. these VirginIans take the precau-
tion of informing the government of the United
States that the State constitution they are about
to make is Incompatible with the fundamental
law of the nation With such confession be
fore them ii remains 10 he seen how long the
authorities will be- able In the interests OF good
feeling 10 shut their eyes 10 plain facts. If
somebody contests this constitution pointing
ont that us makers themselves acknowledged
that they could not draft Il II they swore 10
obey the constitution OF the United States would
the Supreme Court fail 10 look at the substance
of its franchise provisions and declare as a
matter of law what the delegates admit as n
matter of fact!
Another embarrassment of the virginians is
their own existing constitution The very article
of that instrument under which they are about
10 act, providing for the calling of a conven-
tOn and the revision of the constitution. limits
their powers by the order:
Provided that no amendment or revision shall |
be made which shall deny or in any way impair |
the right Of suffrage, or any civil or political
right as conferred by this constitution except |
classes without distinction.
The State constitution also provides that all |
persons before entering upon the discharge of |
any function officers I'm the State shall swear |
10 support the constitution of the United States !
and of the State. and 10 recognize and accent /
the civil and political equality of all men he |
"fore the law" Thus the delegates are doubly |
forbidden TO disfranchise the negro. and conse- /
quently prefer not to take an oath to support |
their own fundamental law, though all their |
powers are derived from IT, and though they |
cannot lawfully act at all without swearing TO |
obey IT, Oaths or no oaths. except as they |
obey 1t, they not constitutional conven-
tion, but a revolutionary body
II may be said that the past cannot tie the |
hands of the future and make any provision of |
constitution Interchangeable. That is true i'm |
the sense that revolution, peaceful or otherwise
may overthrow government. Only by revolu-
ton or unanimous consent. for instance could !
equal representation In the United States Sen
ate be abolished. and for twenty years after
the formation of the government the American /
people We're absolutely forbidden to amend their
constitution respecting the slave trade. The
Nirginians may disregard their obligations but
the new government they establish will not he
the legitimate and orderly successor of their
present one. 1t will be the result of revolution
and founded on a constitution Illegally formed
1t may find popular acceptance. but it will he
none the less the work of n IawleSs assemblace
TO this pass Virginians driven in their effort
TO establish unequal laws for the races. Some
of them complain because the constitution does
not follow the flag TO the Philippines and think
IL strange that officials there do not take an
oath to support the constitution in performing
duties to which the constitution does not apply.
But they themselves are under the constitution
are bound TO conform their State government TO
IL, and yet refuse to take oath of obedience he
cause they are planning revolt against it. Is
that imperialism or treason or what?
There is a plain road out of their diffcuIties
honorable, consistent with their obligations and |
sure TO prove beneficent to the State If tho |
ignorant negro is not fit TO vote neither is tbe |
ignorant white man. If the negro who pays no |
taxes is not fit to vote taxes on others neitber |
is the white man similarly situated If tbe
road to the ballot box must be barred for ono
bar it for the other also; and the State will ar |
any rate be honest and just and may be the
better for it,
The alma matters of both hemispheres are now