The age-herald., 1901-06-04
Former Governor Jones Ably Dis- cusses the Obstacles to be
 Overcome in Alabama THE FIFTEENTH AMENDMENT
Arms Congress With the Power to Prevent the Enforcement of State Laws Disfranchisina
 the Negro as Race.
BY Ex.eov. THOMAS e. JONES.

BY Ex-Gov. THOMAS c. JONES.
 The constitution of the United States. the delegates oath to support it, and the pledges made for us in the platform, place delegates in a most distressing situation, and leave but little freedom of action. The brain of man can not conceive of qualifications which, without violating the constitution, will shear political power from the. negro as race. and at the same time confer the right of suffrage on all white men, save those convicted of crime. The platform pledges, which require these things to be done in subordination to the constitution of the United States can mean, therefore, nothing more than that the delegates must exercise that states manship which is said to be "the science of circumstances"-do the best that can be done under the surrounding conditions, to effect the supremacy of the write race, as best for both races, and as far as pos sible. extirpate an ignorant, vicious and corrupt suffrage
 With these limitations upon our action. what practical means are within our reach? The questiton involves the con sideration not merely of what action is the wisest, from our point of view, but as we'll of the opinions of other sections of the eoantry-since the electorate we create participates in the control of the destiny of the United States, and the constitution gives other sections, exercising their power in Congress, must voice and con- trol in the final determination of the problem, which, though it touches us most acutely, is also of concern to them. We should not be deterred from following our conscientious and deliberate Judgment because others, not in a position to judge safely, may misunderstood or oppose us; but It Is due to others, "and a decent re- l speot to the opinions of mankind uv@ mands that in determining great act of State, involving so many political. econo- mic and moral considerations, we should be moved by principles and motives based only on the highest considerations of right unmixed with unworthy prejudices or desire to do injustice to the inferior race which is entrusted to our keeping, and which will be with our children for countless generations.
 Many plans have been proposed Some have urged that the State boldly take the bull by the horns,' and frame a constitu- tion disfranchising the negro as race in so many words. It is argued that this would fulfill all the pledges of the plat form to the letter. do away with all dan-
 
 all abuses in elections, and could subject us to no greater peril than the proportion ate loss of representation in Congress un- der the fifteenth amendment. Pretermit- ting other considerations. 1t suffices to say that such an act by State would be revolution and nullification in its most im- posing legal form-the explicit repeal of the constitution of the United States by a State constitution. It would fall little short of declaration of war against the United States.
 The consequences of such action, if un- dertaken by state, are hard to be fore seen. It would provoke aggressive action, not only of the forces which the const- tution furnishes for its enforcement, but array behind them the full moral senti- ments of the country and all the interests which are imDeriled if the constitution can be plotted out and disregarded by the act of state. There is now, whatever may have been the case before the pas- sage of the fifteenth amendment no req sonable ground for holding that the only consequences to which the state could subject itself by such action, would be reduction of its representation in Con- gress Under the fourteenth amendment it was not unlawful for the state to deny suffrage to the negro as a race, and the only Federal cognizance which the amendment contemplated Congress could
 
 reduction of the state's representation. Under the fifteenth amendment, passed some years afterwards, the states are for bidden to disfranchise the negro as a race, and Congress is given the power 10 enforce the prohibition by Appropriate legislation" If Is idle, therefore to con tend that the fifteenth amendment, which makes such an absolute prohibition and arms Congress with the power to enforce 1t by appropriate legislation" confines It's corrective power under that amend ment solely to the particular remedy giv- en it by the fourteenth amendment, which did not forbid but permitted such Acknowledgement. and treated 1t as of no legal consequence save as 1t might enter into the basis of Federal representation. The fifteenth amendment is the latest ex- pression of the supreme will of the people and relates to political condition far ,iif- ferent, in constitutional sense. from the states action referred to in the former amendment. As no state can now law fully disfranchise the negro as a race, the contingency upon which alone the par ticular authority was given under the fourteenth amendment to reduce repre- sentation cannot now arise, and contin- gency which cannot happen-the lawful of the negro as race cannot call into exercise the power given Congress by the fourteenth amendment much less restrain 1t to that remedy for a state of things made unlawful and for bidden by the fifteenth amendment As the two amendments relate to quite dis similar acts, in a constitutional sense. Congress may undoubtedly exercise all the power given 1t by the fifteenth amend ment.
 This vast political power under the de- cisions of the Supreme Court can sel- dom, if ever. be brought within the con- trol of the judiciary It is the settled doc- Urine of the Supreme Court of the Uni- ted States that whenever Congress is au- thorized to legislate for the protection of a right, the manner of protection of rights and immunties created by, or de- pendent on. the constitution are such as Congress shall. in the exercise of it's leg islative discreation provide: and these may be extended to meet the necessities of the particular case. What corrective legislation" Congress might pass. under the power given it by the fourteenth
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