The Montgomery advertiser., 1901-07-25

of lovers of constitutional government. who resisted, step by step, the efforts of the majority to pass an amendment which would place the control of all elections completely under the con- trol of Congress and prevent the States from ever exercising any voice in the qualifications of its voters. Had the amendment finally passed as amended in the Senate the States would have been powerless to regulate or control the suffrage, and Congress alone would have dominated all elections and the qualifications of voters.
 The first step in this discussion will be to ascertain from the debates in Congress, and the history of the Fif- teenth amendment it's purposes and ob- ject.
 as the Fifteenth Amendment, was the Boutwell, resolution. It was first dis cussed in the House of Representatives in Congress on the 18th day of Janu- ary, 1889. Its language was as follows:
 Section ]. The right of any citizen of the United States to vote shall not be denied or abridged by the United States or any State by reason of race. color. or previous condition of slavery of any citizen or class of citizens of the United States.
 
 the power to enforce by proper legis- iation the provisions of this Article"
 In the debate on this resolution. 1t was claimed 1t did not go far enough, and it was asked whether 1t would pre- vent any State from requiring property or educational qualification of it's vct- CTS. and to remedy this defect. several amendments were proposed, their com- mon purpose being to prevent the ex- pln of n age or over from the right to vote, for any cause except crime. One of the principal substitutes was offered by Shellabarger as follows: No State shall make or enforce any law which shall deny or abridge to any male citi- zen of the United States of the age of 21 years or over, and who is of sound mind. an equal vote at the election in the States in which he shall have such by law, except to such as have engaged or may engage hereafter in insurrec- tion or rebellion against the United States, and to such as shall be duly convicted of treason, felony or other infamous crime."
 In urging his substitute for the Bout we'll amendment, Shellabarger of Ohio warned his fellow members against any act which might legalize the disfran-  in the South. He said the Boutwell, amendment would enable the rebel and master race at the South to disfrar- chise most of the colored people by ex- cIuding a man from the ballot who could not read: For centuries" he said, "the colored race had been shut out of the light and because for cen- turies they had been stolen property, they were poor; therefore an .educa- wOllt6 practically disfranchise them" But this he said, was not the only defect in the amendment proposed by Bout well. It added to the mischief it sought to remedy, for by prohibiting State from exercising the power of disfran- chisement only on account or race, color or previous condition of slavery, it plainly led to the inference that the State was authorized to disfranchise three. and upon the we'll known and recognized principle of law, expressio unius. exclusio alterius. Congress would then make the Consti- tuition worse and hand the power or over to the States. In Constitutional History. it was said the debate had developed two facts, a general agreement that 1t was desirable to submit a suffrage amend
  as to its provisions. The Southern and border States generally opposed the idea of permanent disfranchisement of those who had participated in rebellion. If the amendment substantially secur- ed the principle that the State did not absolutely control the question of suf- frage, and further, that by the funda- mental law the right could not be de- nied the negro, it was enough. To load down the amendment with details would insure it's rejection. Massachusetts at the time required an educational and Rhode Island a property qualification of the voters. If the amendment forbade State imposing such qualifications it might confidently be expected that . both these New England States would refuse to ratify. The people of New York recently by large vote of over thirty thousand had refused to abolish property qualification for negro voters. The House therefore passed the Boutwell, resolution by vote of one hundred and fifty to forty-two.
 The Senate took up the House resolu- tion on the third of February, 1869. Acting under the instruction of the Judiciary Committee, Senator Stewart moved to amend the resolution hy striking out the whole of the first sec tiOn and substituting me provision that the right of citizens of the United States to vote and hold office shall not be denied or abridged by the United States, or any State on account of race, color or previous condition of servi- tude.
 Howard of Michigan, who was the author of the 14th Amendment, thought the language too vague and would have 1t express plainly that citizens of the United States of African descent should have the same right to vote and hold office as other citizens. Senator Nor ton, says Thorp in his constitutional history of the United States, voiced the fears of many of his party when he said that the Stewart amendment could be practically disobeyed without establishing either a property Qualifica- tion or an educational test. Like the makers of the Constitution he was averse to putting the word color into it or any reference to slavery In abol- ishing the institution it had been nec- essary to be explicit and the word slavery could not be avoided in the 18th He asked, Might not State debar the negro from voting un- der the claim that he was deficient in natural intelligence, or incapable of improvement. or incompetent to take part in the administration of govern emnt. The whole provision of the pro posed amendment might thus be over ruled. For these reasons he urged some affirmative definition of suffrage some-