The Montgomery advertiser., 1902-11-21
No Cause for Fear.


 In the opinion of Hon. John Goode. who was President of the late Constitutional Convention. and one of the ablest law yers in the State. MT. John s. Wise leans organic law upon the ground that 1t vio- lates one of the fundamental conditions upon which Virginia was admitted to representation in Congress after the war contention is that the suffrage clause of the new Constitution is null and void be- cause Virginia accepted the following terms offered her by the grace of Con- gross as condition precedent to being permitted to return into the Union.
 That the Constitution of Virginia shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the right to vote, who are now entitled to vote by the Con- stitution herein recognized. except as a punishment for such crimes as are now felonies at common law"
 As MT. Goode points out however, the Srpreme Court in cases in which it Is true this act was not directly involved, but the general question of the relations of the seeding States to the Union was involved. laid down the principle that none of those States had bsen out of the act In reference to Virginia was an un- constitutional and high-handed imposi- ton on her. and carried with it no con- tract or obligation on her hart. MT.
 
 that in the great speech Senator George made in the United States Senate in De- cember, 1890, he so completely annihilated MT Wise's theory that no Senator under took to reply to him. The seats of the Mississippi members of the House had since the adoption of the new Constitu- tion of that State bean contested on the same ground that MT. Wise has taken, and the contests were dismissed.
 But apart from the doctrine enunciated in the cases Mr. Goode cites. and which. incidentally, so to speak, cover the "stip- ulation" phase of the Virginia case. the act of Congress in question Is of a piece with other reconstructio legislation the Supreme Court has declared unconstitu- tional. It was conceived in the same venomous spirit as were all the other reconstruction measures, and Is repug- nant to the whole theory of republican government and the privileges of the peo- pie hereunder. It Is an assault upon the foundation of our system, as repre- and for that reason alone 1t is believed that it would stand no show of being sustained in the higher Federal Courts. As to the Constitutions being vitiated by proclamation. MT. Wise's plea would seem to be disposed of by precedent. More over, all the decisions bearing either di- rectly or indirectly upon this question rec ognize the right of proclamation and the to be a State matter. Finally MT Wise fails to show that his clients were de- nied registration on account of race, color. or previous condition of servutide;" fails to show that the Virginia Constitu- tion comes into conflict with the only pro vsion of the Federal Constitution that could have any bearing on the former 8 suffrage clause, as it relates to the rights of the complainants. Of course, no one can anticipate what the ultimate outcome in the Federal courts will be. but in view of previous decisions of the Supreme Court with respect to such issues it would seem highly probable that unless MT. Wise is holding back something and has resources which the wisest of the lawyers in the Constitutional Convention could not foresee, Virginians will live un- der the present organic law for some time to come. Certainly in the judgment of those who have been studying the whole matter with reference to the possibility of some attack on the Constitution, MT Wise's case has not developed as yet any points strong enough to cause fear that 1t will be necessary to call another Con- stitutiona1 Convention in order to restrict the suffrage and ensure the State good government and permanent peace and prosperity.