The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1907-04-21


Are the fourteenth and fifteenth
amendments to the constitution of the
United States valid?
The question has been discussed.
but has never been passed upon by
THE Supreme Court of the United
States Now, however, indications are
to the effect that within the next two
years, the Supreme Court will have
an opportunity to pass on the matter.
The Florida state senate on Tues
day, April 16, 1907. by a vote of %
TO five, with four members absent,
passed the resolution submitted by
John S. Beard, proposing an amend
ment to the constitution of Florida
which will limit suffrage TO the White
male citizens of the state
If this resolution passes the house,
and indications are that 1t will, the
amendment will be submitted to the
people for ratification or rejection at
the November election of 1908, and If
adopted the Negro will be disfran-
chised in the State of Florida
The validity of this DISTINGUISHING
amendment Will of course depend upon
the decision of the United States Su-
preme Court, to whom it will of course
be carried, as to whether or not the
II
Constitution Is valid
The Argument.
The contention or MT. Beard, who
submitted the resolution, is that the
f, Fifteenth Amendment is not a part of
the Constitution of the United States
for two reasons. to-wit:
1. That it was not constitutionally
proposed in that II did not receive the
vote of two-thirds of the members of
both houses of Congress, and
2. That it was not constitutionaIly
ratified by the legislatures of three
fourths OF the states.
Mr.. Boards address before the state
senate. April 16, 1907, in which he
argues the invalidity of the Fourteenth
and Fifteenth Amendments of the
Federal Constitution, was as follows:
Address of John S. Beard.
The provisions of the resolution propos-
ing amendment TO the Constitution
do. the franchise to the white males. are
in direct conflict with the provisions of
the fifteenth amendment to the Federal
Constitution II this resolution passes
both houses of the legislature by the
requisite constitutional majority, and is
ratified by the people at the polls as n
part OF the State Organic Law its valid =
ity as a part of the Constitution of the
invalidity OF the so-calIed fifteenth
amendment to the Federal Constitution
which will finally have to be determined
States.
contend.-and think that can dem
onstrate. and | believe that the Supreme
Court of the United States will hold =
that the fifteenth so-called amendment is
United States. that ii was neither con-
stitutional}y proposed nor constitutional
~ ratified, The suffrage or political DOW
eminent by the States in the Constitu-
ton which created the Union OF the
States and established the Government
never delegated to the Federal Govern
ment, but the reservation of 1t by the
z express provisions of the Federal Consti-
tuition. which adopt the electorate Gre
ated by the states as the electorate OF
the elective Federal offices. This is illus
trated by the Constitutional fact that:
Representatives in Congress are elected
by the electors of the most numerous
branch of the State legislature Each
state appoints electors of president and
vicepresident. as the State shall deter
mine. and senators in Congress are cleo
ted by the Legislatures of the States
which are elected by constituencies ere
elective Federal offices. The fourtcentr
and fifteenth amendments do not change
these express provisions OF the Fedora
Constitution. but place limitations upon
the former absolute political power Of the
State: the fourteenth by providing fOl
tion in Congress and consequently in the
electoral college in proportion TO the num-
Der of male citizens of the United States
Inhabitants of the State, of and owe
twenty-one years of age, who are denied
the right TO vote under the suffrage laws
OF the State: and the Fifteenth amend
ment which prohibits tn" tpife' - -
or any State. from denying or abridgine
d. the right of citizens Of inc United state.
TO vote on account OF race. color. 81
previous condition OF servitu6e.
II is necessary TO consider the propose
and adoption 81 the thirteenth @nd TOW
teenth amendments in order to thorough
" understand the methods employed n
the so-Called proposal and adoption o.
the fifteenth. They are. IN design. inti'
rnately connected, each following th'
other in a logical sequence. The thlr'
.teenth amendment makes the former Nc
Ero slave a freedman the fourteenth Gle
Yates him TO citizenship and the fifteenth
enfranchises him.
States Never Out Of Union.
Mr.. Lincoln, in his first inaugural ad
dress said that, NO State. upon its owl
mere action. can legally get out of th'
Union: that resolves and ordinances q
that effect are legally void. /. therefore
consider that. IN view OF the Constitu
fion and laws. the Union is unbroken.
In July, 1861, Congress adopted witt
practical unanimity resolution
THAT this war is not waged. on on
mart. In any spirit of oppression nor fol