I wrote and had published in the Washington _Post_ a letter in which I
took strong grounds in favor of having the representation in
Congress,--from States where the colored men had been practically
disfranchised through an evasion of the Fifteenth Amendment,--reduced
in the manner prescribed by the Fourteenth Amendment. In that letter I
made an effort to answer every argument that had been made in opposition
to such a proposition. It had been argued by some fairly good lawyers,
for instance, that the subsequent ratification of the Fifteenth
Amendment had so modified the Fourteenth as to take away from Congress
this optional and discretionary power which had been previously
conferred upon it by the Fourteenth Amendment. I tried in that
letter,--and I think I succeeded,--to answer the argument on that point.
It was also said that if Congress were to take such a step it would
thereby give its sanction to the disfranchisement of the colored men in
the States where that had been done. This I think I succeeded in proving
was untrue and without foundation. The truth is that the only material
difference between the Fourteenth and Fifteenth Amendments on this
particular point is that, subsequent to the ratification of the
Fourteenth and prior to the ratification of the Fifteenth Amendment, a
State could legally disfranchise white or colored men on account of race
or color, but, since the ratification of the Fifteenth Amendment, this
cannot be legally done. If, then, Congress had the constitutional right
under the Fourteenth Amendment to punish a State in the manner therein
prescribed, for doing what the State then had a legal and
constitutional right to do, I cannot see why Congress has not now the
same power and authority to inflict the same punishment upon the State
for doing or permitting to be done what it now has no legal and
constitutional right to do.
No State, in my opinion, should be allowed to take advantage of its own
wrongs, and thus, by a wrongful act, augment its own power and influence
in the government. To allow a majority of the white men in the State of
Mississippi, for instance, to appropriate to themselves through
questionable methods the representative strength of the colored
population of that State, excluding the latter from all participation in
the selection of the representatives in Congress, is a monstrous wrong,
the continuance of which should not be tolerated.
Public-domain text, read in full here on John Shaqi.
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