The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-30
NATIONS RIGHT TO EDUCATE
UPHELD by REGENT C. 4. GARDI.
NER IN ADDRESS.
He Sees In II solution Of Negro Problem
Tho Burden Of Educating Negro Too
Great for Southern States to Bear
Al0ne-He Asks for Appropriations

Alone-He Asks for Appropriations
ALBANY. June 2o.-Chancellor William
Croswell Doane, Episcopal Bishop OF AL
bany. delivered the annual address at the
opening session in the Senate chamber,
tonight. Of the forty-frst annual convoca-
ton Of the University OF the State OF New
York.
An interesting address was made by
Regent Charles A. Gardiner Of New York
city, on "A Constitutional and Educational
Solution Of the Negro Problem
Mr.. Gardiner said that he was OF the
opinion that property and educational
qualifications for voters in the Constitutions
OF Southern States would be declared
valid, while the grandfather clause"
would be declared void. As yet there has
been no decision on this question by the
United States Supreme Court. The nation,
he said enfranchised millions Of negroes,
made them citizens, thrust them upon the
States, and yet 1000 900 Of them are to-day
30 densely ignorant, so criminally vicious,
so indescribably poor and thriftless that they
neither comprehend their rights nor have
the capacity to exercise or enjoy them
"Recreate that fostering mass Of humanity
transform it into men" and the negro prob
lem will disappear.
The negro is citizen. Elevate him to
the full standard of American citizenship.
And there is only one possible means. edu-
cation. Educated citizens. 4these consti-
tute State educated in intelligence,
industry, morals and religion. And how
thus to educate the negro-that in it's last
analysis is the negro problem.
He said hat the Southern States, unaided,
could not educate the negro: it would tax
a. tor far Nkn hn
said. had both the power and duty to edu-
cate every negro to perform every obliga-
ton of American citizenship. The nations
power to educate the negro he held to be
educational qualification in election laws.
The nation has power to educate the negro
a. a corollary to the Fourteenth Amend
ment Congress shall have power" it
says -to enforce this article by appropriate
legislation He held too. that the power
Amendment. From the prohibition to
disuualify voters for race or color, Congress
can imply power to diseualify all voters,
white and black, for all other causes, includ-
ing iiteracy, and. as corlelative thereto,
power to remove such illiteracy by educa-
ton.
The repeal of the Fifteenth Amendment
he held to be visionary. The negro voter,
ierate and illiterate. would be eliminated;
but how would that solve the problem?
II ne negro WOulu StlI NO SItiLcL, stlil
terate. still vicious and still an increasing
menace to the States and nation.
Continuing. he said
Any attempt to substitute tn" voting popu-
lation for the census population as a., basis
absolutely unconstitutional and void More
over the power of Congress to penalize under
thirty years ago " hen the Fifteenth Amend
mcnt va, adopted. The power to reduce.
HT hs 8at5re + The pfnaa %t Of Of
congress depends solely upon the conditions
p-eceden, laid down in the amendment;
Nr 5SS,,tes SvsSne sad' would 3 be Ultra
The first condition precedent Is that there
must be corporate act Of the state. Tho
provisions OF the amendment refer to State
A State can discriminate against negro suf-
frase only by an organic or statutory law.
fore Congress can pennlize a state. The
second eonntion preceSdsnt Is that l,.n such -,
law be- Vote dsned says ss
H M,1id D." the representation shall be re-
dced void attempt ey ssattf or to
deny or abr idge, does not comply with this
condition, \ state law must not only pur-
'G RI" Fi ansS An Amendment has made the
rst condtion Impossible, During n e, the rsw
might have pa ssed a valid law denying ne
rroes the Fight to vote on account OF their
race. lr,t now. says the Supreme Court. It is
i,rro>.he 4 law purporting to so dis.
,riroiratn is void. not voida Bile. but void
rh ,rif,o' md void law is no law
Tho Fifteenth Amendment has also made
'he -crcud condition impossible There can
'r 10 actunl discr imination The negro
,.rno' rr disfra nchised by ?, void state snf-
rr.,rr 'ow any more than by the Dingley tariff
",n rnconstit utional act is not law" said
~ .rns,ice Field; 1T is as inoperative az
rhcrrh il had never been passed II the
PRO does not cast his vote. II is his own
tcl'v tmdity or indifference Az Least,
i II his own fault. and not the act or fault
e -to S'ptr
,.,,c discrim ma ion being thus impossible.
Ioh conditions precedent are impossible
and , ongress cannot exert its power TO pc
r. i.7e ANY law o. Congress attempting to DO
% would he palpably unconstitutional and
world he as promptly set aside by the S,,-
rro, no ort RS were the Reconstruction acts
md ji'il Rirhts bills A.
>nce Tho nation can neither repeal the
sur-u 60 under the Fourteenth, what button
or the negro problem remains? Endowed
with omnipotent sovereignty to educate the
people. | maintain that educn ton. and edn-
,..,iou alone is tho nations supreme obllrn-
lfcr
T, supply means Of education he favored
immediate and ample appropriations by
the nation.
FRANCHISE TAX APPEAL.
Decision by United states supreme Court