The Birmingham age-herald., 1904-08-07
MR. BOWIE MAKES REPLY
 TO THE BOSTON HERALD
Anniston. Ala. August 1. 1904

Anniston. Ala. August 1. 1904 To the Editor of the Boston Herald.
 have read with some interest your reply to the article of Mr. Bozeman c. Bu1ger recently published in the Birming- ham, Ala, Age-Herald, suggesting that the south make determined fight in cer- tain northern states on that plank in the republican platform raising anew the race issue and shaking aloft the bloody shirt. Possibly wrapped up in the folds of that discredited garment may be found another presidential election and possibly sectional hatred and animosity may serve to give the republican party another victory to which on its merits it would not be en- titled. It may be true as you say that raising the issue on our part now might be mistake. politically speaking.
 Misinformation on the southern question among otherwise highly intelligent people is so great in the north, and prejudice on the part of many so genuine that I despair of the south's ever being able to overcome it. l think our position can be defended-if we can get lsteneners.
 Come Strong Answers.
 MT. Editor, since you have taken up the question will you give me some space to combat a few of your assumptions? You assert and take 1t for granted that the thirteenth, fourteenth and fifteenth amend mems are persistently and universally vio- lated and disregarded in the south. This is the entire predicate of your article and the only Justification ever urged for the last republican platform. Is that assump- tion correct in any particular? Let us see The thirteenth amendment abolishes sla- vefy. Is there a slave in the jurisdiction of the United States except in the Island of Sulu and that under a treaty negotiated under the authority of MT. Mckinley? If so where can one be found? The negro Is not only free in the south but for all prac- tical purposes has more rights and is get ting along better here than anywhere else in the world, to say nothing of the northern states.
 The fourteenth amendment in its first ljsection conferred civil rights upon the ne- gro but this did not Include the privilege either of voting or holding office. So far as It's provisions were concerned any state could lawfully disfranchise all ne- groeS because they were negroes and many states did so. Because of this right and to some extent to check 1t s exercise it was provided by the second section of the fourteenth amendment that in the event of any abridgement of the suffrage by any state congress should proportionately | reduce the representation of such state in congress and in the electorcal college. Two l years later, not being satisfied with the protection thus afforded the negro, con gress proposed the fifteenth amendment which was subsequently, declared adopted.
 Fraudulently Adopted.
 That this amendment if adopted at all was done by method grossly fraudulent, | history leaves no reason whatever to dis pute. But passing from the method to the. | thing itself, that amendment prohibited any state from denying the suffrage to- any citizen because of race color or pre- vious condition of servitude. The thing then which was permitted by the four teenth amendment under certain condi- tion was prohibited altogether by the fif- teenth. The two amendments are not only | inconsistent, they are totally antagonis- | tic to each other. MT Blaine claimed that | the fifteenth amendment being of a later date and Inconsistent herewith repealed the second section of the fourteenth amendment relative to reduction of rep resentation. Whether 1t did so entirely or not may be open to some question, but 1t undoubtedly emasculated it, since the only just occasion for it's enforcement, if | IL had any just one at all, was rendered l impossible.
 Not Conferred on Negro.
 It has been time and again decided by the supreme court of the United States that the right to vote was not conferred upon the negro either by the thirteenth fourteenth or fifteenth amendments. All that was conferred as regards that sub- | tect was freedom from discrimination based on race or color liE~s, and that is found in the fifteenth amendment alone.
 If congress should do as directed by the republican platform, appoint a partisan committee of a political body to inquire into grave constitutional question, thus ousting the supreme court from It's high est function, and should find that any southern state has unlawfuly dlscrimi- | mated against the negro race, then 1t could not lawfully reduce the representation of such state or states in congress or the electoral college. And why? Because | such an unlawful i. e.. unconstitutional discrimination would be void and would constitute no obstacle to the exercise of | suffrage by the negro, and the courts would have full jurisdiction to enforce his rights. The legal and exclusive reme- | dy for an attempted violation of the ff- teenth. amendment Is to disregard 1t and | vote. IHe reneuy proposed Dy the re- publican platform is to declare our con stitutions null and void, thereby readmit- ting the negro to suffrage and then re- duce our representation for having made an abortive attempt to disfranchise him. It Is proposed to decide that we haven't done 1t and then punish us for having tried to do it.
 Amendment Never Violated.
 We of the south deny that the fifteenth amendment has ever been violated. The l supreme court of the United States Is the highest judicial tribunal In the world | It is composed of eight northern men and one southerner; of six republicans and three democrats. It has under the con | stitution final jurisdiction of all consts- tutional questions. It claims the author l ity not only to decide a statute of a | state or of congress unconstitutional on | its face. if It's thinks it is so, but ito go behind the returns to speak, and in- | quire into the administration of the law and upon that In proper case to declare the law null and void. This 1t seems should be ample authority for the most violent partisan Why is that tribunal to be set aside and a congressional com mittee put in its place to pass upon the greatest question that ever challenged hu- man intelligence affecting the peace and happiness of sovereign states?
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