The Negro and the elective franchise. A series of papers and a sermon
John Stuart Mill · en
"However desirable it may be for a legislative body to retain
control of the decision as to the election and qualification of
its members, it is quite certain that a legislative body is not
the ideal body to pass judicially upon the constitutionality of
the enactments of other bodies. We have in this country a proper
forum for the decision of constitutional and other judicial
questions. If any citizen of South Carolina who was entitled to
vote under the constitution of that State in 1868 is now
deprived by the provisions of the present constitution, he has
the right to tender himself for registration and for voting, and
in case his right is denied, to bring suit in a proper court for
the purpose of enforcing his right or recovering damages for its
denial.
"That suit can be carried by him, if necessary, to the Supreme
Court of the United States. If the United States Supreme Court
shall declare in such case that the "fundamental conditions" in
the reconstruction acts were valid and constitutional and that
the State constitutions are in violation of those acts, and
hence invalid and unconstitutional every state will be compelled
to immediately bow in submission to the decision. The decision
of the Supreme Court would be binding and would be a positive
declaration of the law of the land which could not be denied or
challenged.
"On the contrary, the decision of the House of Representatives
upon this grave judicial question would not be considered as
binding or effective in any case except the one acted upon or as
a precedent for future action in the House itself.
"A majority of the Committee on Elections No. v doubt the
propriety in any event of denying these Southern States
representation in the House of Representatives pending a final
settlement of the whole question in proper proceedings by the
Supreme Court of the United States. Some of the members of the
committee believe the "fundamental conditions" set forth in the
reconstruction acts to be valid and the constitutions and
election laws of these States to be in conflict with such
conditions, and hence to be invalid.
"Some of the members of the committee believe the "fundamental
conditions" set forth in the reconstruction acts to be invalid
and the constitutions and election laws of the States claimed to
be in conflict with such conditions to be valid. Some members of
the committee have formed no opinion and express no belief upon
the subject.
"Your Committee on Elections No. i therefore respectively
recommend the adoption of the following resolution:
"’_Resolved_. That Alexander D. Dantzler was not elected a
member of the Fifty-eighth Congress from the Seventh
Congressional district of South Carolina, and is not entitled to
a seat therein.’"