The news & observer., 1905-10-27
MOST SIGNIFICANT UTTERANCE
BY THE PRESIDENT.

years there has Deen an attempt on
the part of Mr. Crumpacker, Of In
diana. and other Republicans in both
houses of Congress to secure legisla-
ton that would reduce the represen-
tation of the Southern States in Con-
gress. Heretofore they have failed.
but in the Republican national plat
form was this declaration:
1--WE favor such congressional ac-
tion as shall determine whether by
special determinations the elective
franchise in any State has been un-
constitutionally limited, and, if such
is the case. VIC demand that represen-
tation in Congress, and in the electoral
clerical college shall be proportion
ally reduced as directed by the con-
stitution of the United States"
That proposition meant war upon
the South and to put upon it a humili-
alton second only to that it was forced
to endure by Reconstruction measures.
and in some respects even worse, for
it sought to deny proper representa-
ton whereby the wishes of the South
ern States might be voiced.
During the campaign the President.
IL our recollection is good, made no
reference to that plank in the plat
form. Certainly he did not repudi
ate it and there was genuine fear that
he would make it a part of his pro-
gramme. Since his visit to the South
and his friendly declarations. the gen.
eral feeling is that he could not have
spoken as he has if he proposed
waging any such war upon the South.
for the reduction of representation
would be species of rapine that would
outrage every just claim of a sovereign
State. In his speech at Tuskegee Mr..
Roosevelt made this statement:
''It is the Southern people them
selves who must and can solve the
difficulties that exist in the South
If that does not mean that the
work out the problems that are Pc
culiar to the South, without Federal
legislation to deny them just repro
sentation, what does it mean? Other
like remarks lead to the general opin-
ion that the President contemplates
Southern representation or other in
dictive legislation directed at the
South
Emmett O'Neal a distinguished
Southern lawyer, inquiries in an ar
ticle in the North American Review,
whether Congress has power to re-
duce the representation of the South
ern States in the House by Reprcsen-
tatives and in the Electoral College, in
consequence of the recent legislation
which has had, it is understood, the
practical effect of debarring negroes
from the franchise. Mr.. O'Neal
argues that, if taken literally, the
punitive provisions of the Fourteenth
Amendment would apply to every
State in the Union, since there is no
State in which male inhabitants. be-
ing twenty-one years of age and citi-
zens of the United States, are not de-
barred from voting for some reason
because of idiocy or insanity, for ex-
ample-through the imposition of
property or educational qualification,
or the requirement of registration, or
the payment of a poll-tax, or resi-
dence for definite term.
The Fourteenth Amendment was
never intended to be taken literally.
It was adopted with a view to induce
the Southern States to enfranchise the
negro, but it recognized the right OF
the Southern States to withhold the
franchise from the negro, if they saw
fit, when it threatened them with d
reduction of their representation in
the event Of their exercising that
right.
When it was found that the South
ern States would rather suffer re-
duction of their representation than
allow the negro to vote, the Fifteenth
Amendment was passed, absolutely
taking away from them the right to
withhold the franchise from the ne
gro, which the Fourteenth Amend
ment had recognized in other words,
the Fifteenth Amendment, in fact re-
pealed the Fourteenth, and the latter,
so far as il relates to this subject. is
no longer in force
1t is clear, therefore, that any legis-
lation which violates the Fifteenth
Amendment is a matter for action by
the courts, on resort to them, and
not matter for action by Congress.
Mr.. ONeal concludes:
"The South alone is competent to
solve the serious problems which
were created by the emancipation and
acknowledgment of the negro race
to solve them justly, permanently, and
with such wisdom as is possible to the
finite mind. And, while 1t is to be
hoped that the conservative sentiment
of the country will prevent any seri-
Gus effort being made to put into force
and effect the repudiated policy OF
congressional control of the suffrage
to revive sectional animosity and re-
kindle race antagoniSmS-yet the
States of the South which have re-
forSned their suffrage laws are sus-
tanned by the confident assurance that
they have only exercised powers never
surrendered to the Federal Govern
ment, powers essential to the preser-
vation of their local governments from
misrule and virtual anarchy.
1.-THE Southern States can place
- H. fNf