The Montgomery advertiser., 1903-05-19
Can the Fifteenth Amendment Be
 Repealedp

New Orleans Pfcayune.
 The current number that of May 16 o | Harper's Weekly. has some editorial re marks on the recent decision of the Su | preme Court of the United States in the case appealed from the United States Cir cult Court of Alabama in cause brought by negroes, complaining that they were not permitted to register as voters by th' l provisions of the State Constitution. anC | that this prohibition was contrary to tht rights granted to negroes in the fifteentl amendment of the Federal Constitution The Circuit Court had dismissed thu case as beyond its jurisdiction; but tho Supreme Court held that while 1t nigh be possible that the clause of the Ala bama State Constitution. under whicl the registration of complainants was re fused, might be contrary to the Fedora Constitution. the Court could take n action because there was in existence nc Federal statute under which relief could be granted although it might be within the power of Congress to provide sucf legislation.
 The effect of the fifteenth amendment a. 1t operated in the Southern States fol many years to put the negroes in polit ical power over the already disfranchiSed whites. showed how outrageously discrim- mating 1t was in favor of the negroes and it is still entirely possible if Con. gress should undertake to enforce 1t by legislation. to work most grievous wrongs upon those of the Southern States ir which the negroes are in a great major. Ity.
 In this connection. Harper's Weekly de- clares that this negro amendment to the Federal Constitution is in such general disfavor that tho possibilities of it's re, peal or abrogation may well be discussed state of popular sentiment the fifteenth amendment could not be passed Is cer- tain; indeed, the State of New York, which ratified it, resclnded its ratifica- ton on January 5., 1870. nearly three months before the adoption of the amend ment was proclaimed. Whether three. fourths of the States would now concur In repeating that amendment is as yet doubtful. though 1t is plain that the drift of public feeling is in that direction. obtain repeal of the amendment. it would be comparatively easy to secure a bare majority in one House of Congress against the legislation needed to make the amendment operative.
 The words of the amendment indicate that 1t was not expected to be enforced In the absence of a Federal statute pre- scrioing the method of enforcement. Af- ter reGtlng that the right of the citizens of the United States to vote shall moi he denied or abridged by the United States or by any State on account of race, color. or previous condition of servitude the amendment goes on to say that the Con gress shall have power to enforcc the
 
 legislation, and the journal quoted above expresses the opinion that even now, at this early stage of the discussion, a ma Jority of the States would favor repeal of the fifteenth amendment and althouah the majority might fall short of the three fourths prescribed bv the Constitution. its moral effect upon Congress would probably suffice to prevent the enactment of the legislation needed to make the amendment operative.
 It Is mentioned above that New York after ratifying the fifteenth amendment withdrew its consent to it. and seven oth- CT states, among which were New Ter seE California, Oregon. Kentucky and Tennessee, refused entirely to ratify it.
 Nobody wants to deprive the negroes of protection or of any other proper right or privilege the law gives them, but the right to control great State governments which were created by enlightened men of the highest character and a full knowledge of free institutions, should he confined to men of like enlightenment and knowledge of affairs, and should he with held from the ignorant the shiftless and the depraved classes. The American peo- pie are slowly coming to realize that the sudden and wholesale enfranchisement of an illiterate and degraded race of negro slaves was a terrible mistake and it has done great harm to American free institu- tions.
 The fact that the guarantees of the Fed eral Constitution are strictly withheld from the people of Porto Rico and the Philippines, shows that the necessity for withholding suffrage from unit and un- prepared people is fully recognjzed. IL would be only justice to extend this with holding to the unfit negroes nf the south ern States. If the people of the Northern matter, 1t can be done but the movement must commence with them