The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-11-29
SOUTHERN STATES IN CONGRESS.

representation of the southern states
I'm congress because OF the disfranhise-
ment OF the uneducated negroes the fol-
lowing editorial on the proposition in
the washington Post may be OF inter-
est to our readers 1t is q novel and
interesting point The Post makes. =
says:
This controversy over the proposed
reduction OF southern representation
in congress would be vastly simplified
If it could only be turned into the
channel of fact and reason. hat
would, perhaps, annoy certain editors
and statesmen who are just now ex-
tracing a great deal Of comfort from
the debate. but it would contribute to
the nations peace of mind. and for
that reason we strongly advocate il.
Nine-tenthS of the excitement and
doubtless all of the bitterness aroused
in this connection spring from the as
sumption-quite untenable, as we be-
lieve-that a partisan majority in con-
gress can first sit in judgment on alleg-
ed violations of the fourteenth amend
ment to the constitution and then apply
the penalty provided in section 2 Of that
article. We contend, however, that
the fifteenth amendment does away
with and repeats all That part of the
fourteenth relating to the suffrage. We
hold, in fact, that when congress
comes TO deal with the subject-a
very improbable contingency, in our
opinion-it will find itself compelled
to proceed under the fifteenth amend
ment and to regard the other as ex-
tinct.
The fourteenth amendment was pro-
posed by congress February L, 1865.
It's ratification was announced by the
secretary of state on December Is of
the same year. The provision in Sec
I. ton 2-under which it is supposed the
agitators will proceed-says:
Put when the right to vote at any
election for the choice of electors for
president and vice president of the
United States, representatives in con-
gress, the judicial and executive Off
GERS of a state, or the members of the
legislature thereof, is denied to any
of the male inhabitants of such state,
being twenty-one years Of age, and
citizens of the United States, or in any
way abridged. except for participation
in rebellion Or other crime, the basis
vi IepIS OSCILLATION SIdll De foQucGd III
the proportion which h number OF
such male citizens shall pear to the
whole number of male citizens twenty
n years of age in such state
Nc direct reference is here made to
the negro. It is very doubtful whether
in March, 1865, the leaders of the re-
publican party and the contrivers OF
the fourteenth amendment contem.
plated universal negro suffrage at the
south as q practicable or q whole
some political eXpedient. We need
not, however, consider these minor
matters. Let US suppose, rather, tina
congress then had the negro voter in
view and vas carefully devising his
protection under the guise of general
legislation. The fact remains tina
afber four years of experience the law.
makers at Washington proposed and
carried into execution an entirely diff
ferent policy, for the fifteenth amend
ment says:
Tine right of citizens of the United
States to vote shall not be denied Or
abridged by the United States or by
n state on account of race. color, or
previous condition of servitude."
This was proposed by congress Febru-
airy q, 1869. and it's ratification was an
nounced by the secretary Of state
March so, 1870. 1t IS the only constitu-
tfonal provision referring expressly 10
Qegro suffrage, and in any event. as
We see the matter, on which Mr.. Crum-
packer and his coadjutors can legally
proceed. The fourteenth amendment
limited at negro Acknowledgement. pei
haps. n fixed a penalty in that con-
nection. The fifteenth amendment,
however, fatty forbids the act which
the fourteenth undertakes to punish,
and, therefore, makes the act impossi-
bic. As a question of fact, there can
be no such thing as a state law which
denies or abridges the right to vote
ION account of race color, or previous
condition of servitude." Any legislation
open to that Interpretation can be chal-
lenged, and, If found obnoxious, 1t
ceases. ipso facto, to exist. 1t disap-
pears from the statute books OF the
state concerned, and the law which 1t
supplanted is automatically re-instated.
There can be no punishment for an of
tense which is impossible. The adop-
ton of the fifteenth amendment extin-
guished the fourteenth so far as il re-
lated to the right of suffrage.
AS we say, the procedure open to per-
sons VINO WISH to attack the suffrage |
laws or any state, north, south, east, |
or west, IS unmistakably defined. They |
have only 10 procure a competent judi !
cial inquiry and decision in the prem
seS, n the law at issue must stand or |
fall according to the verdict. Under
the constitution as it now stands, there
can be no disfranchisernent on account
OF race, color, or previous condition of
servitude. 1t follows, therefore, that
representation n be reduced on |
the ground alleged. In order to incur
a penalty one must be able to commit
the crime.
The It'd Of travel to the south has
set in earlier than usual this year and |