The Roanoke times. (Roanoke, Va.) 1897-1977, 1897-02-07

Washington Feb. 6.-The publication
OF the fact that Hon. c. W. Murray. the
coloreu Republican from the First dis
trict of South Carolina, intended to pro-
test against the counting of the electoral
vote of that State at the Joint meeting
of Congress on "Wednesday next. eprarcd
the Interested attention of Mr.. Murray's
colleagues, all Democrats, to-day. and
several informal conferences were held
at when senator 1tllman WAS present
Alter che OF these, Mr. Tillman said:
III Mckinley is going to be iuaugura-
tel on the 18th of March the Joint conven-
ZION has got to count the vote of South
Carolina. III the Republican party wants
to make an tttack on the constitution Of
the state 1t must make it on some other
grounds or in some other manner than
by ehdeavoring to prevent the counting
of her vote.
Il wish to 90 farther" he said. ',,nd
express my preference for seeing Mr.. Nc.
kinley President rather than TO see the
Presidential function exercised bv Mr.
Olney, as it will he after the .ith of March
ii the effort is made to deny South Caro-.
lima the right to vote. This has hcen nv
feeling for long time past
Mr. Murray was said to base his pro-
posed protest upon memorial numer.
Carolina, reciting that the constitution
of the state violated the I4th and 10Th
amendments to the constitution of the
United States and the law OF 1867. nro.
wiling for the admission of South Caro-
INA into the Union; and that it was in
Vhili because 1t had not been submitted
TO the voters of the State Tor their an.
prOval.
Representative McIaurin, of South
Carolina, who has held the Office of uttor-
ncy general of the State, discussed these
objections this afternoon to arenorter of
the Southern Associated Press. He said:
The constitution of South Carolina is
valid constitution, although not sub
mitted to the people for ratification. 1t
has never been the custom in the State of
south Carolina to submit its new con.
stiJution to the people for ratification.
The only instance in which this rule was
varied from was in 1868. This constitu.
ton was mt once and ever since has been
recognized by all the departments of the
State government rs the organic law of
the STAGE
Discussing the objection that it viola
tel the act OF 1867, readmittinu the State
INTO the Union, 10y depriving certain cit
liens of the right of suffrage, Mr.. Me-
Lnurin called attention to the fact that
the United States supreme court had de-
cded, in more than one case, that the
States which were parties to the civil war
never lost their Statehood and stand 20.
day IN their original attitude rs States
OF the Union, with undiminished light
OF autonomy and with acknowledged re.
pulican form OF government .and, there
Iore, THAT the law referred to was not
binding.
$50, too" said Mr.. McLaurin, must
the objection fall that the constitution is
repugnant tn the 14th and 10th amend
ments OF the Federal constitution. The
right to vote is not one of the privileges
or immunities OF citizens within the
United States within the meaning of the
18th amendment. The 18th amendment
does not confer the right of suffrage. The
State alone can confer that right. 1t
simply invests the citizens with the right
of exemption from discrimination us to
the elective franchise, and that protection
is limited by its express terms to the sin
gle discrimination on account of race
color or previous condition of scrvitudc.
The provisions of the constitution of
South Carolina clearly make no such lis
examination: but, on the contrary, by
their plain meaning, apply to all citizens
alike. The specific qualifications for
w u reg
istratiOn. and, second rs to the required
registration tself-are valid and in no
wise forbidden. Besides, the State of
South Carolina ha, constitutional re-
quirement of an educational test for vot
ing, rs also have Colorado, Connecticut
and Wyoming"
Mr.. Mcl.aurin said that member, from
his State desire it to lie understood that
II Congress was led into making any con.
test over the vote of that State the prob.
abilities were that Mr.. Mckinley would
not he inaugurated President of the
United States on the 4th of March If
Congress is going into the merits of the
vote OF South Carolina, steps will he
taken to see that the votes OF Northern
States, concerning the validity of which
much doubt rs been expressed, notably
the vote OF Ohio, will he Investigated be-
fore hose electoral votes are counted