Reminiscences of Sixty Years in Public Affairs, Vol. 2Boutwell, George S. (George Sewall)
History
Reminiscences of Sixty Years in Public Affairs, Vol. 2
Boutwell, George S. (George Sewall)
Boutwell, George S. (George Sewall), 1818-1905; United States -- Politics and government
"Our disappointment is the greater because we had reason to believe
that the Senators who have this matter in charge, would be the last
men to forget themselves at such a crisis. They have been timidly
'practical,' ludicrously tied up to precedents, when, in times past we
have urged them to some act which seemed likely to jeopard party. Then
Sir Oracle was never more sententious, more full of 'wise saws and
modern instances,' than they. The inch they were willing to move ahead
was hardly visible to the naked eye. How they lectured us on the 'too
fast' and 'too far' policy! Now in an emergency which calls for the
most delicate handling, they tear up not one admitted abuse, but
include in the grasp half a dozen obstinate prejudices, which no logic
of events has loosened. For the first time in our lives we beseech
them to be a little more _politicians_--and a little less _reformers_--
as those functions are usually understood."
Under the date of March 18, 1869, I received from Mr. Phillips a letter
in acknowledgment of my letter of thanks and commendation, in these
words:
"DEAR SIR:--
"Thank you for the intimation in your letter. I am glad if any words
of mine helped get rid of the too prompt action at that time. I
think it was of the greatest importance to act at once."
The public mind seems to be misled in regard to the scope and legal
value of the Fourteenth and Fifteenth Amendments. The amendments were
in the nature of grants of power to the National Government, and in a
corresponding degree they were limitations of the powers of the States,
but the grants of power to the nation were also subject to limitations.
Until the ratification of the amendments the States had full power to
extend the right of suffrage, or to restrict its enjoyment with the
freedom that they possessed when the Treaty of Peace of 1783 had been
signed, and when the Constitution had not been framed and ratified.
All limitations of the right of suffrage by male inhabitants of
twenty-one years of age, must fall under the control of the Fourteenth
or Fifteenth Amendments.
If in any State the right to vote shall be "denied or abridged on
account of race, color or previous condition of servitude," the
statutes may be annulled by a decision of the Supreme Court. Neither
the people of the United States in their political sovereignty, nor
the political branch of the Government in its representative capacity
can exert any direct influence upon the decision of the questions that
may arise. The questions that may arise will be judicial questions,
and they will fall under the decision of the judicial tribunals. Hence
there has never been a time when it was the duty or when it was in the
power or within the scope of the duty of the executive branch of the
National Government to take official notice of the legislation in some
of the former slave States, which is designed manifestly to limit the
voting power of the negro population in those States.
Public-domain text, read in full here on John Shaqi.
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