The Negro and the elective franchise. A series of papers and a sermon — John Stuart Mill — John Shaqi
The Negro and the elective franchise. A series of papers and a sermon
John Stuart Mill · en
Underlying the civil laws of the nation are certain high ideals. The
fidelity of the nation to these is measured by the quality and the force
of public opinion. Just as long therefore as the republic endures, the
executive, legislative and judicial powers will obey the people’s will.
To this oracle the rulers have again appealed, and its answer has been
an expression of renewed and increased confidence in the Republican
party. The hour of the new administration has almost come, and the
message may be now on its way to the country that the party pledges are
to be redeemed. It may be that there are brighter days before us; but
if, as in the past, we stand on no securer footing than two men
wrestling on a steep and icy hill-side, where both roll over and over,
and there is no chance between throwing and being thrown,—then it
matters not whether we appeal to President, or Congress, or Supreme
Court; to the 14th or 15th amendment, for the righting of our wrongs.
Congress is empowered to enforce the 14th and 15th amendments by
appropriate legislation. Such legislation has been enacted and by one
President, at least, enforced. But, now, it is held that it must be
shown that the amendments are being violated, and this cannot be done
until the Supreme Court fully interprets them. What a mockery it has all
become! Insolently, sneeringly, the violators of the plain intent of the
law rise from their seats in Congress and demand how far they are going
to be obliged to walk around these Amendments instead of kicking them
aside. By law, or by force, colored men are being deprived of the right
to hold office; by law or by force excluded from the jury; by law or by
force sent into slavery for crimes of which they were convicted by these
juries from which they are excluded; by law or by force, they are being
disfranchised. The alternative is clear. Southern men do not evade it.
The revised Constitutions stand boldly for disqualification by law.
Southern Congressmen in debate as boldly proclaim the force. More
cautiously Mr. Murphy testifies to the same effect, denying that "the
abuse of discretionary power by the registrars of elections,—an abuse
which the State permits, but which the State does not necessitate or
prescribe, brings the State within reach of the penalties of the
Constitution."
If not by law then the Constitution is nullified by force, and it
becomes the duty of Congress to maintain it. But is Congress so near the
performance of this obligation that we can profitably advise as to the
method? Shall we say that candidates for Congress, by force or fraud
elected, shall be refused their seats or that an election bill shall be
passed, guaranteeing just laws; or that the penalty clause of the 14th
Amendment shall be first enforced? At least, we had better wait until
the House has reversed the policy outlined by its Committee on
Elections, whose concluding words in the Dantzler-Lever case follow:—