The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-09-15
EDWARD NJ. SHEPARD DEFENDS
THE ATTITUDE OF THE SOUTH
ssThe Southern Whites Stand for Civilization as
Against Political Theory or Legal
Rights
(From the New York Evening Post.)

The Evening Post has sent the letter OF
inquiry, printed below, to many promln-
ent Northern Democrats as to their posi-
ton on the question Of negro suffrage:
Dear Sir: 1t 10 frequently alleged in
the Southern press that leading Northern
Democrats are IN sympathy with the Ell
fort to disfranchisc the negro III the South.
under color Of laws ~unequally enforced as
between whites and blacks. To test the
truth of this assertion, The Evening Post
respectfully asks you to give it for publ
cation your opinion upon the following
statement Of facts:
In the case u.s. 2D of Jackson w. Giles,
appellant, VS.. the Board Of Registrars Of
Montgomery County, Alabama. argued be-
fore the United States Supreme Court
at the October term Of 1902, it was shown
that the said board of registrars refused
to register qualified negroes 'for no other
reason than their race or color" The
brief for the appellant specified that more
than 5000 colored persons" in MOntgom
cry county alone are thus excluded from
the suffrage, though qualified under the
law of the State of Alabama and of the
United States"
Granting the truth of these statements
and failing Intervention by the Supreme
Court.
"a Has Congress any duty in the
premises?
CD If the constitutional guarantees and
penalties provided for such a case are
allowed to lapse. what others can we
count upon remaining in vigor?
go If the negro may be deprived OF the
suffrage in the South. how long will it be
l,fo,o H. $50 $4,000 III h. ,ll,1nJ
as Mr.. Dos Passos Of the New York bar
admits that it may be, for the ~disfran-
chisement of the foreign-born voters in
the North who are the peculiar strength
Of the Democratic party?
By answering these questions at your
earliest convenience, you will greatly
oblige, Yours very truly,
Editor Of The Evening Post.
TIC the Editor of The Evening Post:
Sir: I cannot briefly answer your three
questions upon negro suffrage, predicated
upon the Giles case. If I am not-upOn
this large and difficult question-to be
misunderstood I must write at length. I
do not grant the truth of improved
statements made by a complaint in equity
of which neither the court in which the
suit was brought nor the Supreme Court
to which it was appealed, had jurisdiction.
The courts required no answer to the
complaint and refused to take evidence
upon it since even if they were true the
courts could give no relief to the colored
plaintiff. In this conclusion the report
indicates that all the judges of the Su
preme Court concurred except Judge
Brewer and possibly Judge Brown. Even
Judge Harlan, who expressed his merely
personal opinion hat in a proper suit the
colored citizen might have had relief, de-
clared that in the only suit which he did
bring the court could not help him.
Nor do 1 accept the suggestion that the
Southern press ascribes to Northern
Democrats sympathy with the effort to
d~isfranchise the negro in the South under
color of law unequally enforced as be-
tween whites and Blacks Have you cor
rectly understood the Southern press? Has
it not been interested over the condemna-
ton of negro suffrage by Secretary Root,
DR.. Lyman Abbott, and other distinguish
ed Republicans? Might not your ques-
ions be more properly addressed to mem
hers of the party now in power? Is not
this opinion, for the time of more con-
sequence than that of the Democrats?
The Supreme Court speaking by Judge
Holmes, while itself refusing the colored
voter any relief, significantly said that, if
there had been the political wrong he
charged. then the relief, apart from mere
money damages (confessedly no adequate
reparatlon) must be given by the people
of his State or by the Legislative and
political department of the Government
of the United States" The President Is
at the head OF such department, and of his
position he is amply conscious. He talks
of q square deal to negro citizens. He
thinks that the importance Of their re-
cognltiOn j~ustifies the Generalization Of
the public service at the South by negro
appointments which are personally often
slVe to nine-tenths of those having bust
ness with the offices; and this, while he
refuses at the North to appoint negroes
to places of like relative Importance. 1t
Is the duty of the President to execute
existing laws. Does he think that there
are laws assuriaF-HegfO suffrage which
are not, but which can be, enforced? 1t
is his constitutional duty to recommend
new laws when old laws fail. Does he
recommend any such new laws? If so,
what are they? And why has he not re
commended them before. and why did not
President Mckinley recommend them?
And why, / wonder. were not your uues-
llOiS ttuul tSStu 4 ne 1leDuDllCdn GTeS1
dent. or the Republican Congress of Re
publican statesmen after an unsatisfactory
answe by the Republican Supreme
Court? The Republican party has beer
continuously in power since March, 1897
and has perfectly known the Southern
situation. 1t has neither done nor sug
gested the doing of anything to right the
wrong, if wrong theresbe. And why not
1 decline to assume with you that the
Supreme Court was wrong in the Giles
case; or that if, as you seem to imply
unconstitutional guarantees and penalties
are allowed to lapse that is tc
say allowed by the refusal of courts
presidents, congresses and public senti
= ment to enforce them-it is useless to en-
act other guarantees and penalties, the eff
ficacy of which equally depends upon the
courts, presidents, congresses and public
sentiment. and which, therefore, would be
equally futile with those at present exist
ing. So also 1 deny Tat 'foreign-borr