Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1910-01-21
Mr.. Marbufy Declares Fifteenth
Amendment Was Never validity
Adopted.

not drafting new amendment. Further
more, have not assumed, and shall no
assume. to advise the submission of an
other amendment at this time. II is equally
true on the other hand that have not ad
vised, and will not assume to advise
against submitting one.
II remain of the opinion that the Ques
ton as to whether or not a new amend
ment should be presented is one primarily
for the people of those sections of the
State which are most deeply concerned
1T is no light matter for those people sc
soon again to 60 through the ordealof such
controversy, and whether or not they
shall do so at this time, or whether they
should postpone the matter to some future
day, is question which no one is in a
position to decide except their representa-
tives in the Legislature
To APPLY TO NEGROES ONLY.
There is much to be said on both sides
of the question and hope those gentlemen
will take their time and not decide II one
way or the other until after due delibera-
ton. AS have several times stated am
satisfied that no amendment can possibly
be carried which gives any cause, apparent
or real, for the fear that it might disfran-
chise white men. But in order to preclude
such a fear the amendment must be so
framed as to apply to the colored people
only.
Nov. such measure will undoubtedly
have the appearance of being a direct
challenge of the validity of the Fifteenth
Amendment even though it be not in con-
tiict with that amendment as properly I'M
derstoOd
Speaking for myself alone, would not
hesitate to support suffrage amendment
which did directly challenge the Fifteenth
Amendment, so called for the reason that
| have become satisfied as the result of
what think can say has been careful
study Of the question, that the Fifteenth
Amendment itself is not and never has
been validity part Of the Constitution of
the United States, and because believe
that the Supreme Court of the United
States will feel constrained to declare it
void whenever the issue is squarely pre-
sented to that great tribunal. But this is
only my opinion.
1T is true that it is an opinion which
believe is shared by one or perhaps two
lawyers of the highest ability who have
given the question thorough investigation
and study. 1t would be idle to deny, how
ever. or attempt to conceal from ourselves
the fact that this opinion is not held by
the bar of this State generally, or that il
has any general acceptance among lawyers
at this time.
Il believe that the reason is that very
few lawyers have ever had occasion to
give the matter serious study or investi-
CATION, and entertain strong conviction
that when they do many of them will reach
the same conclusion which have reached.
No legal opinion on this question is of any
value which is not the result of careful in
vestigati0n, no matter how able the lawyer
may be who gives II.
VALIDITY OF FIFTEENTH AMENDMENT.
Now, il is not to be expected and GER
tainly am not vain enough to expect that
the people Of this State will accept my
opinion unsupported by the opinion of other
lawyers on question of such Grave mo-
ment and Of such extraordinary character
therefore. | feel that before any such
amendment is submitted the members of
the Legislature should endeavor to induce
a sufficient body of the legal profession to
examine this question to make sure that
they have the proper guidance for the peO-
Pile. Whether there is time enough before
the expiration of the present session to do
this am not in position to determine.
Perhaps may be permitted however,
in justice to myself, TO state in word
what my position on this question Of the
validity Of the Fifteenth Amendment Is.
OF course. cannot pretend to 90 into the
details Of the process by which have
reached the conclusion, but II is substan-
tally this
Assuming that the Fifteenth Amend
ment was properly submitted to the States
for their adoption, and assuming that the
necessary three-fOurths Of the States did
actually and legally vote in favor of its
adoption, both of which propositions may
be seriously questioned, II is clear to my
mind that In adopting this amendment
the States exceeded the power of Amend
ment conferred upon them by Article of
the Federal Constitution. That article con-
fers upon three-fOurths Of the States, on
the conditions mentioned therein. the
power to amend the Constitution of the
United States. II cOnfers no power to de-
stroy either State or the United States,
or to adopt any measure under the guise
of an amendment the effect of which Is 10
deprive a State. either in whole or In part,
Of the right to exercise any of the func-
tons essential to a separate and indie
pendent existence as a State.
ELECTORATE OF STATE.
Now the right 10 determine for itself
who shall constitute its electorate is mani
testify one Of the functions essential to the
separate and independent existence of a
State as State. and the Fifteenth Amend
ment is certainly the beginning Of the de-
structiOn Of that function.
For in the language of the Supreme
Court a State in the ordinary sense Of the
Constitution is a political community of
free citizens not merely a geographical
area.
I'm other words. il is the people living
within certain territory who have the
political power and who are the political
community Of free citizens who constitute
a State-these people and such other peO-
pie as they may admit to share political
power with them: in other words the cleo
torate. the people having the right TO vote
and determine the government.
Now. II any outside power such as
another State or States, has a right. with
out the consent of the State In question, to
change the electorate Of the latter State
the right to say who Of those residing with
in its territory shall vote and who shall not
vote. the right to say that black men shall
vote and that white men shall not vote, or
the right tOcompel State without It's own
consent to admit to the privilege Of voting a
vast mass Of people who previously were
not citizens Of the State and constituted
no part Of the political community-then
the original State may be destroyed.
"A white State may be changed into a
black State, an African State or an Asiatic
State, and the whole purpose which the
people Of the United States had when they
adopted the original articles Of Federation
and subsequently the present Constitution,
namely, the establishment Of an indestruc-
tble union Of indestructible States. will be
defeated.
CHIEF JUSTICE CHAsEs DEFINITION.
IN the great case Of Texas VS.. White,
q Wallace 700, 725). the Supreme Court
Of the United States. speaking through
Chief Justice Chase. who succeeded Chief
Justice fancy by appointment of President
Lincoln, finally settled and established the
doctrine that when the people of this coun-
try established this Union they intended 1t
10 be perpetual. But, says the court in
that case. the perpetuity and indissolu-
btIifu NJ tho IIntor hu M mama ttaultaa