The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-08-28
THE FOURTEENTH AMEND
MENT.

Soma OF tho Northern newspapers o.
discussing the question whether - ~
the second section of the row .eo''1''
Amendment OF tho Federal Cof's'i''''o,
~, valid. This Is the famous sec''o''
p,hich nroyides that when the r'sne -
$50 ~ any election for the choice o.
electors for President and Vice-i es'N
~ the United States, representatives -
Congress. the executive and ouolc'"i' o'
,,a,. ~ q state, or members OF the Leg
,o,ature thereto, Is denied to any % VIC
,,o inhabitants Of such State, pe'hs
+wenty.one years Of age ana ci'lNs'.s
.,a United States. or In any way ap'iueeu'
.xcent for participation IN reoe'ho'' -
.,er crime tho basis of representation
.ho~o,n shall be reduced in the proport'oi'
.,.h,,b tho number of such male cltl]et's
sh,, hear TO the whole number OF r'a'o
citizens twenty-one years OF age NJ 81"
State" ,.,
!, 90 1urther provlded in tine san"0
amendment that Congress sha' i'u'o
,,o,,ar to enfroce by appropriate le9's'''-
.,ons the provisions of this article. no
such legislation has ever pee" ciae''
hv Congress, hut attempts nave Dee,.
.aa saveral times to put through oll1
whose purpose was to reduce fep'ese1'''
+,on In those Southern States "hlch i'au
diefrsnchised large numbers or negroes
1ho meaning of this article is plain ana
the language Is plain, and the Nor''e'i
Republicans might have "a good case u
this had been the last OF the a'''e''u-
rents, The original draft OF the fou'-
+een,h Amendment was more drastlc' oue
u was modified for political reasons, ana
Il was clearly the intent OF those "'o
drew the article to permit the southe''1
ctotes 10 dlsfranchse the negro. but 70
nunish them for such an act pS reouc-
INC their representation IN the lo"o'l
,,ranch of Congress. But three or four
y.ars thereafter the Fifteenth AMEND
ment was enacted, and that PROVIDES that
.The right of citizens of the United States
tn vote shall not be denied or aoridseu
nv the United States, or BY any STATE
on account of race, color or previous
condition Of servitude," and that con
gress shall have power to enforce 'r's az
ticle by appropriate legislation.
The point is now raised, therefore, that
,hc Fifteenth Amendment supersedes the
F'ourteenth; that the Fifteenth amend
ment prohibits acknowledgements on &C
conn, of race, color, etc, which the
Fourteenth Amendment did not 90; ina
hence any act or action of state Done
since the adoption of the flfteehti
Amendment which constitutes d,stran
chlsement for the causes named, wouie
be void. as contravening the last nance
amendment.
This point was raised by Mr.. Charlie:
"A. Gardiner. of New York. In an adj
dress delivered on June Goth last before
the Forty first Annual Convocation OF IN
University of the State Of New York. Mr.
GARDENERS remarks on this point were a
follows:
..Moreover. the power OF Congress Y
penalize under the Fourteenth AMEND
ment was abrogated thirty years ago
when the Fifteenth Amendment wa
adopted. The power to reduce being !
the nature of a penalty. must be strict!
construed 'Jurlsdhtion Is as nccessar
10 valid legislative action as to VALE
judicial action al Wall, 40; ia u S
30s.) The jurisdiction of Congress depend
solely upon tho conditions precedent Ia!
down in the amendment and should
assume to penalize the States irrespec,'
of such precedents, its act, as Mt Ju
ice Swayne said would be ultra vir'
and void G Wall, 4Hl The first conc
ton precedent is that there must be
torporate act Of the State. The Prov
ions of the amendment refer TO STA
action exclusively, not TO acts OF lh'
yGuals 400 U. s.. Sl8) A State can q
crimnate against negro sultrase ohly
an organic or statutory law, Hence thf
must be such State law before 20
eress can penalize a state. inc scco
condition precedent Is that such a II
must be valid The amendment sa
when the right to vote is denied
abridged the representation shall be
duced. A void attempt bY statute or
grandfather clause In Constitution,
DENY or abridge, does not comply 81
this condition. State law must not Of
purport to. hut must actually. discrir
nate, be fore Congress can act,
1.-The Fifteenth Amendment has ma
The nrst condition impossible, During
few years between the adoption OF
Fourteenth and Fifteenth Amendment,
state might have passed valid law
nylng negroes the right TO vote on
count of their RAGS; but now, says
supreme Court. 1t Is impossible (s2
2l7) A law purporting 10 SO dsrr
,rate IS void; not yoidable. but void
tnitio; and void law Is no law u
1917 The Fifteenth Amendment has
made the second condition impossl
n.hara can be 40 actual DISCRIMINATE