The Montgomery advertiser., 1901-06-07
 SENATOR MORGAN'S PLAN
"A Sound Exposition of Uonstitu-
 tional Construction.

Editor The Advertiser:
 The Constitutional Convention seems to be in great state of doubt, as to whether 1t can prepare a suffrage article that will disfranchise the negro and at the same time will not violate and be rendered nugatofy by the Four teenth and Fifteenth Amendments to the Federal Constitution. And with most of the articles proposed the effort appears to be, to find some screen or disguise behind which the disfranchise- ment can be effected regardless of those amendments. Such an attempt is not only an unwise and deceptive course, but it is an unnecessary one. Any constitutional provision, which denies or abridges the right of a negro citizen to vote. on account of his race, color, or previous condition of serVi- tude, will be void, if it can be avoided, in whatsoever disguise 1t may be en- veloped; while, on the other hand. if the Acknowledgement of the negro is not committed lon account of" by reason of, either his race, his color, or his previous condition of servitude, but lon account of" something else, for some other reason, neither of the amendments mentioned, nor any other part of the Federal Constitution, can either affect or nullify the enactment. In his argument against the resolution of Senator Pritchard of North Carolina, and the ablest argument our Senator has ever made, Senator Morgan has demonstrated this, not only by the terms of the Fifteenth Amendment but by the decision of the Supreme Court of the United States. no member of which could avoid or escape this Iofy nHk khA law nf amendment. If then the disfranchise- ment of the negro in Alabama is not "on account of" by reason of. either his race, color. or previous condition of servitude. but "on account of," by reason of. some other cause or condi- tion, as for example, to preserve true republican form of government in this State, there could be no conflict with the Fifteenth Amendment. which is the only part of the constitution of the United States, which bears upon the negro's vote.
 Not only is this position of Senator Morgan sound exposition of consti- tutional law and construction, but his further contention, that the whole sub- ject is within the periphery of politi- cal question. with which the courts cannot concern themselves until Con-
 
 government. has acted for the enforce ment of the amendment by the legisla- ton 1t may deem appropriate. as the amendment authorizes it to do. is es- tablished with great clearnesS. All the decisions of the Supreme Court of the United States admit, that disfrau- chisement of the negro for any other reason than either his race, his color. or his previous condition of eerVitude, Is not prohibited. and cannot he pre- vented by the courts. How this reason Is to be ascertained and determined has never been decided by that court. None of that court already rendered, on the the law-making power. alone then can say what shall constitute or establish this reason. this cause. this account. as fact, or determine its existence. con trariant to one asserted. It has never done so And this marks the correct Inc of distinction between the decisions of tat court already rendered. on the questions submitted to 1t and decided by it, and this question. which has never been submitted to it and decided by it. The two cases most often re- Ierred to. as opposing and preventing | the disfranchisement of the negroes. | Neal vs. Delaware, 10S U. s. 370. and exparte Marlborough. ll0 U. s. 651. do not initiate against Senator Morgan's construction, when 1t is discovered what were the questions. which s;ere really before 1t for decision. Even in those portions of the opinions. which were not necessary to deciding the causes, and were to that extent obiter dicta, the majority of the court. as