The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1903-06-26
VIRGINIA CONSTITUTION VALID.

VIRGINIA CONSTITUTION VALID.
The Supreme Court of Appeals of
Virginia has rendered a decision that
settles the validity of the new Con-
stitution that the State Convention
recently promulgated. The Act of
Assembly, under which the con-
vention was held, provided for the
submission OF the new Constitution
to be formulated, to the people for
its ratification at the polls before it
became effective. After this body Of
men met, it adopted the theory that
it represented the sovereignty of the
people and that its proceedings were
not governed by the State Legisla-
ture to which it was superior. The
point was raised the first day of the
session when it was suggested that
the members take the oath of office.
The question was asked what should
be the tenor Of the oath as it was
illogical to swear to support the
Constitution, when they were there
for the purpose of forming new one,
or to bind themselves to obey the
laws which they could obliterate at
a moment'snotice. Carrying out this
theory, the convention decided that
the section requiring the submission
to the people had no binding force
and it was disregarded. The Supreme
Court of the State upholds all of
these opinions.
One of the most important sections
of the new Constitution was enacted
for the purpose of disfranchising
large proportion of the negro vote
and it also disfranchised a part ofthe
illiterate white vote. 1t was doubt
less feared that should the Constitu-
tion be submitted to the people, the
Republican party, the negroes and
the white vote that was disfranchised
would make a combination that
might result disastrously. Another
objection was that the clause in the
Constitution fixing the method of
taxing corporations, while conserva-
tive, would excite the powerful op-
position of the railroads. 1t was
therefore deemed more prudent by
the members ofthe convention, repre-
senting as they did the conservatism
of the Commonwealth, to promul-
gate new constitution without
submission of the people. In taking
this step they were sustained by
similar action of several other States
and in each case the Supreme Court
of the United States has approved of
the legality of the proceedings.
AS the Supreme Court ofthe United
States, in number ofrecent decisions
has given practical notice thatit will
not interfere with the franchise laws
of the different States, so long as
they do not come in direct violation of
the Constitution of the United States,
it is a settled fact that a partial
disfranchisement of the negroes is a
reality so far as Virginia is concerned.
The State of Maryland may expect
in the near future large exodus of
those who have been disfranchised,
being just across the boarder line,
and they should be prepared to take
steps at once to prevent this ingress
of unwholesome "citizens" who will
be used for the purpose ofdebauching
the ballot. At present, the white
people have control of our govern
ment, butwith the negro disfranchised
in so many Southern States, it is only
a question of a short time before they
will emigrate to different parts with
in our boarders, where they can ex-
ercise their right of ballot without
molestation of the law.
1t is true that our present ballot
law was formed for the purpose of
DISTINGUISHING the illiterate class, but
experience has shown that it does
not have the desired effect on the
negro except in some certain local.
tiles. What the State of Maryland
needs is either an amendment to the
Constitution, or an entirely new
Constitution which will forever put
at rest this troublesome matter.
They cannot expect reliefat the hands
of the Republican party and their
only hope is in electing a Governor
and sufficient members ofboth houses
in order to have the desired legisla-
ton. The Democratic party is now
fast making up its tickets in the
different counties of the State, and
due regard should be had for proper
nominations so that there can be no
question about continuing in control
in the State. While we should en-
deavor to get as strong ticket as
possible, yet under no circumstances
should the white people hesitate for
an instant even if the tickets nomi-
mated do not represent their personal