the bugaboo has served its purpose by disfranchising the Negro.
It will be laid aside for a time while the nation discusses the
political corruption of great cities; the scandalous conditions in Rhode
Island; the evils attending reconstruction in the Philippines, and the
scandals in the postoffice department--for none of which, by the way, is
the Negro charged with any responsibility, and for none of which is the
restriction of the suffrage a remedy seriously proposed. Rhode Island is
indeed the only Northern State which has a property qualification for
the franchise!
There are three tribunals to which the colored people may justly appeal
for the protection of their rights: the United States Courts, Congress
and public opinion. At present all three seem mainly indifferent to any
question of human rights under the Constitution. Indeed, Congress and
the Courts merely follow public opinion, seldom lead it. Congress never
enacts a measure which is believed to oppose public opinion;--your
Congressman keeps his ear to the ground. The high, serene atmosphere of
the Courts is not impervious to its voice; they rarely enforce a law
contrary to public opinion, even the Supreme Court being able, as
Charles Sumner once put it, to find a reason for every decision it may
wish to render; or, as experience has shown, a method to evade any
question which it cannot decently decide in accordance with public
opinion. The art of straddling is not confined to the political arena.
The Southern situation has been well described by a colored editor in
Richmond: "When we seek relief at the hands of Congress, we are informed
that our plea involves a legal question, and we are referred to the
Courts. When we appeal to the Courts, we are gravely told that the
question is a political one, and that we must go to Congress. When
Congress enacts remedial legislation, our enemies take it to the Supreme
Court, which promptly declares it unconstitutional." The Negro might
chase his rights round and round this circle until the end of time,
without finding any relief.
Yet the Constitution is clear and unequivocal in its terms, and no
Supreme Court can indefinitely continue to construe it as meaning
anything but what it says. This Court should be bombarded with suits
until it makes some definite pronouncement, one way or the other, on the
broad question of the constitutionality of the disfranchising
Constitutions of the Southern States. The Negro and his f
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