The times. [volume] (Richmond, Va.) 1890-1903, 1898-05-01
AN IMPORTANT DECISION.

A decision Of more than ordinary inter-
est to the people of the South was re-
Gently rendered by the United States Su-
prcme Court in the case Of Henry Will
liams VS. the State OF Mississippi, the
opinion being delivered by Justice Nc
Kenna.
II appears that in June, 1886, the plain
til. one Williams, colored. was indicted
for murder by a grand jury composed
Of white persons. and was tried and con-
victed by a petit jury also composed
wholly Of whites. An appeal was first
taken to the Supreme Court OF the state
Of Mississippi, and the Judgment of the
lower court was affirmed The case
then went TO the United States Supreme
Court, the constitutional question set up
being that the laws under which the
iuries aforesaid were organized are UNI
constitutional and repugnant 10 the
fourteenth amendment, in that the state
constitution prescribes the qualifications
Of electors, and that to be juror one
must be an elector. 1t was further al
legged that the suffrage provision of the
Mississippi constitution Disseminated
against the negro race; that the consti-
tuition was not submitted to the people
for ratification, and that the representa-
ton of the state in Congress had not
been reduced.
Justice McKenna in his written opin-
ion said
1t is not asserted by plaintiff in error
that either the constitution Of the State
or its laws discriminate in terms against
the negro race. either as 10 the elective
franchise or the privilege or duty OF
sitting ON juries these results, If we
understand plaintiff IN error are alleged
to be effected by the powers vested in
certain administrative officers. To make
the possible derelction Of the Officers
the dereliCtion the constitution ana
laws. the remarks Of the Supreme
court of the state are quoted by
plaintiff in error as a. their intent. The
constitution provides for the payment of
poI tax and by a section Of the code its
payment cannot be compelled by a SELF
ure and sale Of property. We gather from
the brief of counsel that rs payment IS
a condition of the right 10 vote and IN a
case of test whether its payment was
or was not optional. the supreme Court
permissible action under the limitations
impoeed by the Federal constitution the
convention swept the field Of eXpedients
| To- obstruct the exercise OF. suffrage by
| .he negro race And further the court
said. speaking OF the negro race; BY
reason of its previous condition of serVl-
tude and dependence, this race had ac-
ouired or accentuated certain pecunarl-
ties of habit OF temperament and OF
Ok II DISTINGUISHED
as a race from the whites. patient
docile Deoplp but careless. landless, mi
eratorv within narrow limits, without
forethought, and its criminal members
given To furtive offence. rather than the
robust crimes of the whites Restrained
by the Federal constitution from as
eliminating against the negro race the
convention discrminates against its
| characteristics and the offences 10 when
its criminal members are prone.
'But nothing tangible can be deduced
from this. II weakness were TO be
taken advantage Of. il was 10 be done
within the field of permissible action
under the limitations imposed by the
Federal constitution, and the means OF
IL were the alleged characteristics or the
| neero race not the administration OF
M law, bv the officers Of the state. Be
sides Opcration Of the constitution ana
Iows is not limited by their language or
"eroots a. ono race. They reach weak
ana vicious white men. as well as weak
and vicious black men, ana Whatever Is
| sinister in their intention, II ahylhlns'
can be prevented by both races Dy tne
exertion Of that duty which voluntarily
pays taxes and rctrains from crime.
eft cannot be said therefore that the
, denial of the equal protection Of the laws
arises primarily from the constitution
| md laws Of Mississippi. nor Is there any
sufficient ALLEGATION Of an evil ana ais
terminating administration OF them
II has been time and again asserted
that the suffrage clause of the Mssls-
sinpi constitution would be set aside by
the United States Supreme Court as be-
ING repugnant 10 the fourteenth amend
men OF the federal constitution II ever
that court were called upon 10 pass the
constitution in review.
II was also asserted by the two sena-
tors in Congress from Louisiana and
nc other senators that the proposed
I ouis,ana constitution. which Is not
unlike the Mississippi constitution
| was in contraventlon of the fede-
| raj constitution. The Louisiana news
naners which contended otherwise are
greatly elated at this announcement OF
| the highest court of the nation and TIE
| Vow orleans Picayune says that as the
new constitution of Louisiana does not
discriminate against negroes as such
and does not go beyond the field Of per
| ynlssible action TO reform the suffrage
| therefore the Louisiana constitution Is
., all fours with the Mississippi consu-
tution and will stand the test