New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-06-07
POLITICAL
KANSAS.

PEEPONpEEANCE OF WHITE BLOOD MAKES TIN VOTER
IMPORTANT DECISION or JUDGE BREWER.
J. II. MorTes a respectable citizen of Leaycnworth
at the late election in Kansas offered his vote, and
refused OH the ground of color having One-fOurth
of negro blood in his veins He sued the Judges of
Election, and on Tuesday the case was decided by
Judge Brewer of the Ist District Court. Tile facts
agreed upon 10y the counsel for the parties, and
the important questions deliberately argued bv Judge
Sears and Judge Gambell for the plaintiff and Judge
Mcdowell for the defendants The ease was made
test one and brought solely to obtain the Judgment
OF the Court No damages sought by the plain
tif The following is the decision of Judge Brewer:
The question presented this Is possessed of less
than half negro blood white male person as de
scrbcd in Sec ArVof the state Constitution by com
mon consent since me adoption OF TINS constitution nc nae
been deemed excluded from the provisions OF that see
ton Nowhere within the State has lie 20 my knowledge.
been allowed 10 vote SIM the question mas never Deeh
the subject OF judicial decision In our courts and en-
titled 10 examination IN the light ~ authority and reason
whenever Legislature copies Jaw from lht Nlhtutc
book Of sister Statc II is settled rule that adopts
that construction which the law has civcd In The courts
of tho state from which II was taken Thus # the qurs
ton OF suffrage were settled by legislative enactment
and Legislature had copied the statute OF Ohio IN
reference thereto the courts would ec consiancH 70
that statute here the construction which
reason @'d p cE1"@s f ST the oS san 4S
intended otherwise would not Use Language which has
already received such settled meaning This principle
applies with equal force to constitutional provision
For II the convention, copying from the constitution o
terms and different language The NNHndott Conttiiu-
t0nal Convention 10y resolution carried IN that BODY
proposed 20 model the Constitution 81 Kansas nom tha
Of Ohio Wherever II did cory. according TO the prnc,
above stated ID adopted the settled meanings TIC phrase
or section II had received ~ ONO Tic Consttnt"h 80
Ohio Of 1902 I'm reference TO suffrage, usd the term
white male inhabitapts' by repeated decisions was
held thai le WHO had less hal one nan negro pood NS
white within the meaning Of that clause Commenting on
this question the supreme Court OF ono say lhtFc
was probably no word the Constitution Of ls2. the
meaning OF which had been more fully ana authorila,
white as connected with the exercise Of The elective
franchise The Convention IN that State which framed
t.e Constitution VI 1851, using IN the suffrage section
t.s term white male citizen was hel0 ny tne
Unanimous 9pnlpR Of me 3Wrelqe to l m
tho las cited cast to have adopted nc construction gtcn
OF 2. Under each Of those Constitutions by the de-
csioIs the supreme Of Ohio the plaintiff wOnld
he entitled to vote Modelling their Constitution from
that 0i ONO, copl ing tins descriptive term WINE hat
into ths suffrage section, did not the people Of Kansas
adopt tue settled construction TINS term nag Ic'Neu w
the state from which they took II Indeed when -
proposition was offered IN the Conventlon ~ view OF
these very ono decisions maj no negro OF Hihlo 'hs
be- entitled 10 vote AT any election ~ was vOted down y
saN ing that they approved the ON" decisions AEdln
there no DECISIONS and this an entirely new qucs
would exclude only those in whom negro blood prepon
down, | know, such one iNtcentl or oneciChth
Of negro blood But why with shade les than one
White race and one with shade more than onecighh
~ that be accounted for only on e fcl ne
principle IN such classification ~ j. simply mh'
trary Many reasons and reasons Of great force may c
addueeG favor Of either Of the two cla~siaos nave
suggested above. have not time TO examine thesf rs"
sons az any length Is II perhaps necessary lhAt
should. The importance 81 tlo question "il uoup'US
take fc ga IL 10 the Supreme Court, whose dt-ph VIII
place The matter finally at rest VIII simply slate one
or two considerations which. aside from the authorizes
cited. influence nv decision. First, The theory "' oW
GoycruIuent h universal suffrage Any limitations g"
that which history shows have been CONCESSIONS u"
the prcudrces OF fears which at the tune swayed The
community. That construction which best CONSISTS with
Inc theory Of the Government should be ncceP'ru o,e
ondiv II is humane aud Just. courts may il"'
satisfy their ideas Of Justice ana hulhtMA
,cy may not lead the people Legislators aud HaicrS
~ constitutions cal They must take the law ~ lheA
nnd H. aud enforce II. Still, taking the law a. thrf
find it they viii not believe inc Wopc nave uetI"'u ~
fycr Of Injustice aud wrong unless they nave PLAINLY .u
80 TLii The words used IN reference 10 race ana
not 10 color No would clam that nus loodtd ne
white his complexion, was eutlled 10 pt
nor the other hand, that phft h""'ru !
however swarthy ms skin was dcbdrftd Tue eltcuN'
franchise And know from orr own ohs'fNa"ne, ~
freoucnt fact paradoXical rs the statement ~ tha
many black man 10 winter lpgn some Nlpe men: IN
niles mi. term race anduOt 20 color The term refers
10 the race az distinguished from The black race me ta
,.su as distinguished from the negro. NOW Weh me
question 10 which Of two one belongs VINO mas lhe
blood W each does ne not properly belong IA that whose
blood urcpOnderates in him Reverse the picture Nei.
hack males entitled 10 certain privileges Wouh
ia for q moment De claimed that only they VINO hau III
mixed negro blood thus cnutedt Were tIt sam"
issue presented between the American aud the Ger
man would question he raisedt Again the term
used il not term Of limitation, Ia be STRICTLY construct
Int one of description be literally construed All VINO
are bv anv fair reasonable intcndmeut included within
thai fern should De allowed the elective franchise am
of fhe opinion therefore, that the plaihiH NOie was
improperly rejected That an action OF inns klnd may pe
maintained settled OF ancient and sound law As by con
sent only uOnlna damages 10 be recovered Judgment
will be- entered Tor one cent