ther words, in order to constitute
affirmative State action in violation of the Constitutional mandate
against distinction and discrimination based on race or color, it is not
necessary that the State should pass a law for that purpose. The State,
the Court declared, acts through its agents, Legislative, Executive and
Judicial. Whenever an agent or representative of the State acts, his
acts are binding upon the State, and the effect is the same as if the
State had passed a law for that purpose. If a judge, for example, in the
selection of jurors to serve in his court should knowingly and
intentionally allow a particular race to be excluded from such service
on account of race or color, the effect would be the same as if the
State, through its Legislature, had passed a law for that purpose. The
colored men in the States complained of, have been disfranchised in
violation of the spirit if not the letter of the Constitution, either by
affirmative State action, or through and by the State's agents and
representatives. Their acts, therefore, constitute State action as fully
as if the Legislature had passed a law for that purpose.

CHAPTER XXVI

MISSISSIPPI AND THE NULLIFICATION OF THE FIFTEENTH AMENDMENT

The defeat or abandonment of the Lodge Federal Elections Bill was
equivalent to a declaration that no further attempts would be made for a
good while, at least, to enforce by appropriate legislation the war
amendments to the Constitution. Southern Democrats were not slow in
taking advantage of the knowledge of that fact.

My own State, Mississippi, was the first to give legal effect to the
practical nullification of the Fifteenth Amendment. On that question the
Democratic party in the State was divided into two factions. The radical
faction, under the leadership of Senator George, advocated the adoption
and enforcement of extreme methods. The liberal or conservative
faction,--or what was known as the Lamar wing of the party under the
leadership of Senator Walthall,--was strongly opposed to such methods.
Senator George advocated the calling of a Constitutional Convention, to
frame a new Constitution for the State. Senator Walthall opposed it,
contending that the then Constitution, though framed by Republicans,
was, in the main, unobjectionable and should be allowed to stand. But
Senator George was successful, and a convention was called to meet in
the fall of 1890. In order to take no chances the Senator had himse