The Montgomery advertiser., 1901-06-04
THE FRANCHISE
soME DIFFICULTIES CONFRONT
 INC THE CONVENTION.
Ex-Governor Jones Argues the Power of Congress Under the 14th and 18th Amendments-othe
 Points Considered.

18th Amendments-Other
 Points Considered.
 Editor The Advertiser: Since the introduction of the ordi- | nance by me relating to suffrage qualifications. have received many letters. some heartily approving, some disapproving. some criticising paruc- ular parts of the plan, and others pre- senting plans of their own, and ask ing criticism and reply. As have not the time to answer all these letters, have determined to ask The Advertiser to publish this letter: The Constitution of the Unlteo States, the delegates oath to support it. and the pledges made for us in the platform. place delegates in most dis dressing situation, and leave but little freedom of action. The brain Of man can not conceive of qualifications which, without violating the Constitu- tion, will shear political power from the negro as a 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 sub ordination to the Constitution of the United States, can mean. therefore, nothing more than that the delegates must exercise that statesmanship which Is said to be "the science of cir cumstances"-do the best that can be done, under the surrounding conditions. to effect the supremacy of the white race as best for both races, and as far az possible, extirpate an ignorant, vicious and corrupt suffrage.
 Abide Our Own Judgment, But Not
 Treat Matter as of No Concern to
 Other Sections.
 With these limitations upon our &C., tio1, what practical means are within our reach? The, question involves the consideration not merely of what &C., tion is the wisest, from our point of view, but as we'll, the opinions of other sections of the country;-since the electorate. we create participates in the control of the destiny of the Unit .d States, and the Constitution gives oth- CT sections, exercising their power in Congress. much voice and control in the final determination of the problem, which. though it touches us most &C., utely, Is also of concern to them. We should not be deterred from following our conscientious and deliberate judg- menr because others, not in position to 5udge safely, may misunderstood, or oppose us; but it is due to others, and descent respect to the opinions of mankind" demands, that in deter mining great act of State involving so many political and moral consider ations, we should be moved by prin- ciples and motives based only on the highest considerations of right, un- mixed with unworthy prejudices or de- sire to do injustice to the inferior race yN iNh fe fn1 fo lyaA which will be with our children for countless generations.
 State Cannot Enter on Career of Modification.
 Many plans have been proposed Some urge that the State boldly take the bull by the horns" and frame a Con- stitution disfranchising the negro as g race in so many words. It IS ar- gued that this would fulfill all the pledges of the platform to the letter, do away with all danger of corrupt or vicious suffrage. and all abuses in cleo tions, and would subject us to no greater peril than the proportionate loss of representation in Congress ufl- der the Fourteenth Amendment. Pre- termitting other considerations, t suf- f1ces to say that such an act by a State, would be revolution and aullifi- cation in its most imposing legal form the explicit repeal of the Constitution of the United States by a State Con- stitution. The consequences of such action, if undertaken by a State are hard to be foreseen. It would provoke aggressive action, not only of the pow CTS which the Constitution furnishes Tor its enforcement, but array behind them the full moral sentiment of the country, and all the interests which are imperilled if the Constitution can be plotted out and disregarded by the act of State. There is now, what ever may have been the case before the passage of the Fifteenth Amendment, no reasonable ground for holding that the only consequences to which the state could subject itself. by such ac- ton would be the reduction of it's representation in Congress. Under tine Fourteenth Amendment. it was not un- lawful for the State to deny suffrage 10 the negro as race, and the only FederaI cognizance which that amend ment contemplated Congress could take concerning such State action, was the reduction of the States representation. Under the Fifteenth Amendment pass eo some years afterwards, the states are forbidden to disfranchise the ne- gro as a race, and Congress Is given the power to enforce the prohibition py appropriate Legislation" It is ldle' therefore, to con- tend that the Fifteenth Amendment which makes such an absolute pro-
 Ioitlon, and arms Congress with the power to enforce 1t by "appropriate lesislation, confines it's corrective" power. under that amendment. Solely 10 the particular remedy given it by tnerourteen Amendment, which did not roroid, but permitted such disfran- cnlsement, ana treated it as of no legal consequence, save as it might enter Into the basis oe Federal representation. The Fifteenth Amendment Is the latest exposition of the supreme will of the people and relates to a political condi- uon Tar different, in a constitutional sense, from the State action referred to Tn the former amendment. As no State can now lawfully disfranch1e the negro as race. the contingency upon "nlch alone the particular authority was given under the Fourteenth Amendment to reduce representation, can not now arise. and contingency which can not happen-the lawful dis frauchIsement of the negro as a race can not call into exercise the power given Congress by the Fourteenth Anaendment-much less restrain it to that remedy for the correction of a state of things made unlawful and for bidden by the Fifteenth amendment. dissimilar acts, in constitutional sense Congress may undoubtedly exer- else all the power given 1t by the Eff Al