The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-08-24

III accordance with the terms OF IAIS az :
tiele prior to December /, 1908. and no
person shall be entitled to register under
this Section after that date
Now, here the question arises, Is there
anything ii this Section > which dis
eliminates ION aeconnt-of race, or color,
or previous condition of servitude!' IL
so, it would conflict with the 10Th
Amendment TO the Constitution of the
United Suites; but otherwise, it would
not conflict
1T is historically true that on January
/. 1867, the negro race in North Caro-
lima. who had formerly been slaves. were
then free mem; but no law. either State
or National had at that time conferred
on them the right to vote. But how had
it been prior to January /, 1867, to-Wit,
prior to the Amendment to our State
Constitution in the year 1888! 1t IS his
torically true that prior to 1880 free
negroes" as they were called, had and
exercised the right to vote at all cleo.
tons in North Carolina. And II amy
free negro" who voted prior to 1880, is
still living in North Carolina, though he
may he totally illiterate and unable to
read and write and though DISTINGUISHED
from 1885 up to the Reconstruction pc
Rod in 1865. he could vote just like an
illiterate white man under this proposed
amendment, il it should be adopted. Not
only so, but any living ''lineal descen-
dant'' of such free negro" though HIM
self illiterate, could vote under thus pro-
posed amendment. Not only this, but
under the proposed amendment any ne
gro" or slave, who exercised the right
to vote in Massachusetts, or any other
State, prior to January /, 1867, is enti-
tied. and his 'linea descendants are
entitled to acquire a residence in North
Carolina, and vote under the proposed
Amendment, upon compliance with the
registration therein provided, and regard
less of the educational qualification in
Section a: because they come within the
class provided III Section 5.
The only question is, Does this Sec
ton deny or abridge" the right to vote
'.on account of race or color!' Are ne
groes debarred by it? Then. white men
who come within these provisions would
also be debarred. Where is the discrdmi-
nation? Take the. case of an illiterate
son or grandson of an unnaturalized
alien. he cannot vote under Section >,
for his ancestor didn't vote prior to Jan
uary 1, 1867 Take the case of even
Il maturalized foreigner who cannot read
or write the English language, and
never voted prior to January |, 1867 il
matters NOT as to his race or color. he
could not vote under Section .. nor can
his illiterate lineal descendants vote
under Section .. to whatever race they
belong. The question of race or color does
not enter into this enabling quallfIctl-
ton The question under Section D u.s..
whether the voter himself or his anccs-
tor voted prior to January |, 1861
How many individual persons OF differ
ent races may, upon census being
taken, be embraced within this class of
voters, is not the question. Glass legis-
lation. discriminating against some and
fayoring others, is prohibited: Out legis-
latiomi which, in carrying out public pnr-
pose. is limited in its application, II
within the sphere of its operation IT af-
fects alike all persons similarly situated,
is not within the Amendment" Barber
VS. Connolly. 113 e. s. p.
The age Of a voter lis arbitrarily fixed
by law at q years. lint does anybody
follbt that the law might fix it at ~
years. or 10 years. and confer the right
to vote upon persons url1er y years OF
age? On the other hand. could not the
law as to the voting age be so changed
as to make it - years, for instance,
and withhold the right Of suffrage from
oil eelow that age, even from those who
had before exercised the right to vote,
rs being 81 years old and upwards,
though not mp to the standard rule OF -
years? Suppose the State Constitution
should be so amended as to provide that
no male citizen over the age of 80 years
should be allowed 10 vote where is there
any provision in the Constitution CT the
United States which forbids it! In that
case, must the question of the Constitu~
tioDality of the change be Determined
hy d census to be taken Of old men over
so years of age to find out whether
there are more white men or negroes in
North Carolina of that agei In my own
Judgment. it il the novelty Of the idea
of comforting the right of suffrage on
'lineal descendants" rather than the
Constitutionality of it. which provokes
criticism adverse to it. True it is. the
right Of suffrage is a valuable privilege
and franchise. but we have seen that
according to the decision Of the highest
Court, it is a right or privilege which is
not inherent in citizenship alone. but il
must be conferred upon the citizen by
Legislation in some shape, either Gcnst.-
tutional or Statutory. The right to vote.
being one conferred only by our State
Constitution, why cannot the people
amend it within the limits of the prohibit
ton Of the 10Th Amendment to the Uni
ted States Constitution?
The descent of title to real estate has
been regulated by rules of descent, both
at Common law and by Statute since the
beginning of private ownership of land;
but does anybody question the right to
change by law the rules of descent of
land titles, and the casting by law Of
the inheritance upon the heir? What
vested right has the heir in the land of
his ancestors except such as is conferred
upon him by law? What vested right to
vote has any citizen of the United
States. whether male or female, black
or white, by reason of his or her mere
citizenship? None whatever, as the
highest Court has decided. That a man
by the commission of crime against the
State may be made to forfeit his right
to vote, nobody controyegts. As a voter
cannot claim it as a right vested in him
by the Constitution of the United States
by virtue of his mere citizenship, and
the right to vote is only a right confer
red by State legislation. why cannot the