The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1903-05-29

matter of any mere man or any single
idea, it would be safe to say that
not one Democrat i'll a thousand will
give this a single thought. Weplace
success above everything else, feeling
sure that with our own party strong
" cntrcnched i'll power, nothing but
great good can possibly come out
of it.
What we want isnot Clevelandis1n
or Bryanism or i'll fact any other kind
of an ism, but Democracy. No manis
greater than his party and no two
men should be allowed to sink it.
Let the Democrats rise up and be
equal to the occasion, demanding
that they themselves shall take hold
Of the helm and see if our good old
ship cannot be steered i'll safer
channels, which are not filled with
rocks Of defeat such as has been the
case fer the past ten years.
STRICT CONSTRUCTION OF THE
Efficiently AMENDMENT.
The Supreme Court of the United
States has recently rendered another
decision, which seems to expressly
limit the powers of the Fifteenth
Amendment of the Constitution Of
the United States. As history records,
this amendment was forced upon the
people largely by the use Of military
power and even under these circum-
stances it is questionable whether Or
not on the face of the returns it was
legally enacted. twill beremember-
ed that the Legislature OF the State
OF New York, where there was no i'll
iluence of military powers, expressly
withdrew its assent to the amend
ment at least three months before
the same had been proclaimed as a
part of our organic law.
The Supreme Court Of the United
States, in the case above referred to,
decided that the act making it
crime to punish bribery at elections
could not be legally passed by Con-
gress. 1t w ouId seem that they have
reached the con fusion that the only
public corporations that can pass
upon the eligibility Of the voters, are
the individual States and the efforts
Of Congress i'll this direction are con-
trary to the Constitution of the
United States. In the case cited, one
Henry Bowman, of Kentucky, had
been indicted in the Federal Court
for bribing negro voters. He sued
out writ OF habeas corpus and
asked for his discharge on the
grounds that the act was unconsuI-
tutional The district court took this
view of the case and Bowman was
discharged. An appeal was takento
the Supreme Court of the United
States and this tribunal affirmed the
decision which thus wiped out the
ant;-bribery law which is section
5,5O7 Of the Revised Statutes Of the
United States.
The ground for this decision is the
same as that upon which the famous
Civil Rights was made, namely that
Congress has no power to legIslate
against individuals, but only against
States. If the citizens enfranchised
by the Fifteenth Amendment are
brihcd, intimidated or driven from
the polls by individuals, Congress is
powerlcss to protect them. Their
only recourse is to the States them
selves. The first of the acts to en-
force the war amendments, which
were designated as the Civil Rights
bills, were passed i'll 1866 over the
veto OF President Johnson. Itdirected
that individuals should not interfere
with the civil rights of freedmen and
cognizance of ohenses enumerated in
the law was taken from the State
Courts and given to the Federal
Courts. Some years after that, Con
9ress enacted another law intended
to prevent common carriers, i'm
keepers, theatre managers and officers
or teachers OF schools from distin-
gushing between blacks and whites,
to prevent the exclusion of negroes
lromjuries and to give Federal Courts
cognizance Of of1enses against it.
These were expunged by the Supreme
Court in 1882. In the meantime,
down to the end ofPresident Grants
administration these laws had been
enforced by military power.
The Supreme Court of the United
States has thus consistently MAIN
tanned a policy as regards the con-
struction of the Fifteenth Amend
ment. II would seem that this
Amendment does not stand i'll the
same popular reputc as does the rest
of the Constitution OF the United
States, for in many cases our highest
tribunal has pursued the contrary
action by liberal construction of
our organic law 1t is therefore per-
tectly feasible for legislatures to pass
such laws as they desire, which will
have the effect of controlling the
suffrages of our people as long as
the direct distinction of race, color or
previous condition of servitude is not