Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-03-21
DEFENSE OF NEW CONsTITU-
TION.

TION.
'rrhe vice is not in the laws but in
their administration. The laws are valid
and constitutional but their adminstra-
tian is il such cases illegal"
Attorney-G General William A. Ander-
son of Virginia, aud Attorney Frank w.
Christian, of Richmond, make this as
sertion in the brief which they have just
filed with the United States Supreme
Court in. reply 10 the arguments pro-
pounded by Capt. John S. Wise, of New
York, in The suffrage cases brought by
him to test the constitutionality of the
new Virginia constitution.
Attorney General Anderson holds that
the United States Supreme Court cannot
declare The Virginia constitution invalid,
and tbat it only has to do With the adj
minislraion Of the laws under that con-
stitution
at would be impossible" says Mr..
Anderson, Ito conceive Of statute tor
tie registration Of voiers under which
evil admi1s ration would be possible.
Not only is tbs t.r> bat it cannot be
denied tnat ,tere are very few, If any,
States OF our American union the adj
miaisiration Of whose registration and
election laws has not been in many,
though geae e'alIy exceptional, instances
characterized by partiality, favoritlsm,
illegally, aud sometimes by corruption,
fraud and crime.
This happensnot because ofany vice
in the constitutions or statutes of these
S ates, but because of the impertect'on
and weakness Of human nature and be-
cause of he willingness of some election
and registration officers, dominated
by bitter POLITICAL parisGuship or by
some sordid or venal consideration, to
resort to lawless, corrupt or criminal
methods in order to control and carry
elections in the interest Of faction, Of
party, or Of the ring.
I'VE ase unwilling 70 believe that this
court viii ever take the illogical and
faliaci9us position hat any valid and
Constitutional enactment can ever be
m,le unconstitutional and void by the
uula y,u, partial and unconstitutional
admin trwioa of such law. il so,
hardly law can be pointed out, either
federal or State, which would not 60
doan before slch a rule; for here is no
law, capable Of being maladmioislered,
which will not ordinarily be maladminis-
tered sometimes, aud we know that the
most stutary statutes are oi.en so
abused by those charged with the duty
OF acir execution.
The a.gument for the applicants is
founded upon the fallacy that the right
to vote is natual, a primary and an
absolute right 1t is unnecessary TO
refu,e such a proposition, for it Is
and has been too often settled that
suffrage is relative and q purely statu-
tory right, which is the possession Of
only thorc upon whom organized society
or the State may see proper to con-
fer it. If this were not true, all OF the
members of The body polite, of what
ever age or sex or mental status, would
be en- i,led 10 an equal voice in the gov
ernment. Under the fundamental Law
of this representative republic the State
has the right 20 deny this power to any
of its citizens whom it considers that i
would be unsafe or unwise to intrus
with lis exercise, and the only limitation
upon this right is that it shall not b'
used so rs to exclude from suffrage.any
person merely on account Of his race Oh
his color or his previous condition o
servitude.
'The immediate and remote conse
quences involved in the decision of thes'
issues, whenever they are presented in
cause in which they can be properly ad
Indicated, are so momentous that they
challenge the most earnest consideration
Of the iurist and the patriot.
cit is true that they involve the cues
ton of suffrage so far as the right to ii
exercise is based upon intelligence, upol
the possession of property or upo
military service in time of war In I'll
wav it affects the descendants OF tn
African and Caucasian races without an
unconstitutional discrimination, for Tn
State has in making any distincuo
seized upon characteristics which are
a large degree possessed by both races
It's adiucation will not only In this va
affect the subject of Caucasian suilrag
aad African suffrage in the states OF 10
American Union, but also Of the MOI
golian and Malayan suffrage IN Tn
laud, which is looming into portentor
inI ortance upon the horizon OF the II
ture.
"In its determin' tion this court WI
be asked to onouuce the suffrage artic
deliberately framed by the deputies of I'll
Virginia people, to be unconstitutioni
aud void, and thereby to bring about
condition olchaos in that Commonwealt
with results the disastrous efiecIs
which would be difficult to exaggerat
owe know that this court should nc
and will not hesitate to decide any que
ton of which ithas adequate jurisdicti
according to the right-even one invol
iny such conscqIences-where the u
constitutionslity of law has been cie'
working Overtime.
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