The Birmingham age-herald., 1904-08-21
MIR. BOWIE REPLIES TO
 BOSTON HERALD AGAIN

Following Is a copy of a letter sent to the Bosten Herald by Sydney J, Bewie, Congressman from the 4th district of Ala bama, in answer te an editorial which resulted from former letter by Mir, Bowie eeeasioned by an article Oh the raee question written by Bozeman G Bul- ger and appearing in the Age-Herald four weeks ago.
 Annlston, Ala, August B, 1904.
 To the Editor of the Herald-ln your editorial of the Sth Instant you clearly overlook the cardinal proposition inyoiv- cd in my article published in the same Issue. l was criticslng the republican platform on the negro question and tho Issue which that platform presented to the people of the country If the issue Is to be diverted and another question injected, we are prepared to meet that, but for the present 1t Is sufficient to join Issue with the republican platform as II reads
 In your article you state that you ques- ton the sincerity of the republican dec- laration. l hold no brief for the defense of that party. l might agree with you
 
 upon other propositions. But If l do the sole result that could follow from 1t would be an additional reason why that party should not be trusted with power. If the republican party has de- liberately injected the race issue into this contest without any expectation of fol- lowing 1t up, and for the sole purpose of illegltlmately influencing negro votes In the election as you assert. 1t Is all hn 1aur a,fif laI ta { fa1 support.
 What 1t Means.
 In the speech to which you refer. and in the article which you published. l as- sumed that the platform meant what 1t said, and l directed my criticism to the platform us 1t reads. After quoting the platform you say 'The phrasing Is not an example Of careful composition, but It's substantial meaning Is clear enough" I agree with you It's mean ing is clear enough. It means first, that the validity of the southern statutes and constitutional amendments Is to be tried by a partisan committee of a polit- ical body, and If that partisan committee reaches the conclusion foreshadowed by the platform and elects to declare that the southern statutes and constitutions are invalid, the Congress should reduce the representation of those states In con greSS and the electoral college. NOW my proposition Is that if such a committee reaches such a result they cannot, under these conditions, lawfully impose such a penalty. You quote the fourteenth amend ment The amendment provides for the inflleting of the penalty upon any state which by valid enactment has abridged the suffrage. That is so whether that state Is North, South, East or West. But if the alleged abridgment Is unlawful
 
 ment at all, and the fourteenth amend ment cannot possibly apply, and this 1 understand you to admit. 1 assert de- llberately that any lawyer, and indeed any well trained layman will concede that the only penalty that can be inn posed as against an unconstitutional statute is to declare 1t null and void and ignore It. It cannot be unconstitu- tional In one breath and at the same time afford a legal basis for the lm- position of a penalty which can only be imposed upon the hypotheths that it is constitutional. Yet that and that only is what the republican platform demands. The complaint which I lodge against the republican platform is that the word "unconstitutional" was deliberately in- serted In the platform to afford an ille- gitimate excuse for saving to the four teen northern states that had abridged the suffrage. "Go hence, we are not after you," and at the same time inflict a penalty which under these circumstances would be unlawful, upon the southern states.