The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-12-11

and citizens OF the United StateS. or ln
any way abridged" except for partici
patton in rebellion, or other crime, the
basis of representation shall be reduced
in the proportion which the number of
such male citizens, being u years OF
age, shall bear to the whole number of
male citizens being u years of age, in
the State"
Read logically. in its connection, what
can this language mean, except that at
that time. and until the passing of the
18th amendment, any State that chose
TO do so could deprive the negro even of
his right to vote, but must, IL conse-
quence of such disfranchisement, suffer
a proportionate decrease of representa-
ton. And, if a State could deprive him
of the right to vote, it certainly could
deprive him of The right to holl Office.
THE THIRTEENTH AMENDMENT
The thirteenth amendment did moth
ing for the negro except to free him,
so it is useless to consider it further.
This concludes the examination OF
every one of the negro amendments,
and the closest scrutiny has failed to
discover a single word guaranteeing any
inferior race in the right to hold office.
ELECTION LAW DECISIONS.
Supreme Court decisions upon Louis
lana election laws, etc., sustaining then.
solely on the ground that they applied
to both races alike are not antagonistic
to the position outlined in this article,
in fact they do not bear upon it all.
because those laws were aimed at the
negro's right to vote, which right, consti-
tutionally, is unquestionably the same as
the white mans, but his right to hold
office. vests constitutionally upon another
basis, and is nowhere guaranteed to be
the same as the white mans. 1t IS said
that when the fifteenth amendment was
first drawn it provided that 1.-THE right
of citizens of the United States TO vote
or hold office, shall not be denied or
abridged by any State or the United
States OH account of race color, or pre-
vious condition of servitude," but that
the words "or hold Office were stricken
out before it was passed. Be that as
it may, they certainly are not there,
now, and hence the right to hold office
is not guaranteed TO the negro like the
right to vote.
DECISIONS FAVORABLE.
There has never been an actual test
case in the courts upon the question
whether State has the power to deny
negroes the right of office-holding OF
not, for the simple reason that no State
has, as yet, denied them that right,
and there has consequently been nothing
to make a test case out of. But, never
theless, in eases involving the rights of
negroes. and calling for an expounding
of the amendments relating to them.
the decisions rendered by the United
States Supreme Court, and opinions CIV
en- by eminent jurists who are authori-
ties with all lawyers, support the posi-
ton taken in this article, by uniformly
maintaining, without a single dissenting
voice, as far as examined, the same
Interpretation of the various parts of
these several amendments, that are con-
tained in this article. We briefly quote
below, few extracts from these au
thorities:
CITIZENSHIP DOES NOT IN
CLUDE THIS RIGHT.
The right of suffrage is not one OF
the necessary privileges of State, or
of the United States.-Minor VS.. Happier
sett, 81 Wallace, page 162.
Citizenship has no necessary connec-
ton with the franchise of voting, eligibili-
ty to office, or any other rights, civil OF
political The elective franchise and
qualifications for office, are powers
which always require something super
added to mere citizenship
Annotated Constitution, pages 275 and
POI.
THE RIGHT Is NOT IN "PRIVI-
LEGES AND IMMUNITIES."
The privileges and immunities of Cit
zens Of the United States Sc
cured by the 14th amendment, do not
include the right of suffrage. If they
did the right must necessarily exist in
all citizens Of the United States from
the mere fact of citizenship, without
the power in any State, or in Congress
to abridge the same in any degree, and
in such case, therefore, no qualifications
of any kind could be imposed and all
persons (being citizens) males and fe-
males, infants, lunatics and criminals,
without respect TO age, length OF resi-
dence or any other thing, would be en-
titled to participate directly in all cleo
tions. Every provision in every State,
which experience has proved to be es-
sential to security and good order in
society would thereby be overthrown. 1t
is enough to say that the rights secured
by this amendment are Of an altogether
different character the report OF
Senator Edmunds. 1870 submitted to
the United States Senate from the Com
mittee on Judiciary.
The inhibition contained in the Four
teenth amendment Il means that
no agency of the State. or of the officers
or agents by whom its provisions are
exerted shall deny TO any person within
her jurisdiction, the equal protection Of
the laws.-Ex parte Virginia, 100 u. S..
337. Strauder VS.. West Virginia, 1903
The Fourteenth amendment of tn,
constitution of the United States was in.
tended to secure 20 a recently enamel
pated race, all the civil rights which the