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

ship and of how to vote to secure good
government.
This is the policy and principle which
must be and is to be pursued with the
Hawaiian Islands, and must be with the
Filipinos if we are so unfortunate as to
have to continue to deal with them.
The sentiment which brought about
the adoption of the Fourteenth Amend
ment to the Federal Constitution has
been largely abandoned, and our courts
must now deal with its results in prac-
teal way, or we will have host of UNI
civilized heathens without any concep-
ton of our institutions and government,
controlling by their votes the brave, in
telligent sons Of American ancestors who
are bred and born into the very spirit
and genius Of our republic
The principle in section : Of the pro-
posed amendment is recognized by the
Supreme Court of Mississippi in the dis
cussion in Ratcliff VS.. Beale, "a Miss,
IA, and the language Of that court is
quoted by the Supreme Court of the
United States when the case of Williams
VS. Mississippi was before the court,
without criticism, to say the least Of it,
and is, i think approved by the latter
court. See Williams VS. Mississippi, 10
u. S. 213.
The court, in this latter case, was con-
sidering whether the provisions of the
Constitution of Mississippi on the ques-
ton of restricted suffrage and qualifica-
tions of jurors was in conflict with the
Federal Constitution
1t is known of all men that the effect
of the adoption of the Mississippi Con.
stitutiOn was to eliminate the negro from
politics in that State, and the courts re-
cognize the fact, but say that If it is
NOT DONE ON ACCOUNT OF
RACE, COLOR OR PREVIOUS CON
DFTION of servitude, but because of
ignorance, incapacity or crime common
to any particular race color or previous
condition, it is within the field of per-
missible action under the limitations inn
posed by the Federal Constitution.
Mr.. Justice McKenna, who was form
erly Mr.. McKinley's Attorney General,
wrote the opinion Of the Supreme Court
of the United States, and in it he quotes
the following language from the Supreme
Court of Mississippi Within the field
of permissible action under the lmita-
tons imposed by the Federal Constitu-
tom the convention swept the circle OF
eXpedients to obstruct the exercise of the
franchise by the negro race" And
fuRher-"By reason of its previous con-
dition of seryitude and dependence. this
race had acquired or accumulated certain
pecularities of habit of temperament and
character which clearly distinguished il.
as a race, from that Of the whites-a
patient, docile people, but careless, land
less and migratory within narrow limits,
without forethought, and its criminal
members given rather to furtiye offences
than to the robust crimes Of the whites
Restrained by the Federal Constitution
from discriminating against the negro
race, the convention Disseminated
against its characteristics and the of
fences to which its weaker members
We're prone"
Ii was complained by counsel that this
was the purpose Of the convention, and
it being SO, its work was in conflict with
the Constitution of the United States.
But, as an answer, Justice McKenna
comments ON the quotation as follows
But nothing tangible can be deduced
from this. If weakness were to be
taken advantage Of it was to Be done
within the field Of permissible action un-
der the limitations imposed by the Fed
eral Constitution, and the means of it
were the alleged characteristics of the
negro race
1t needs no discussion to convince the
white people of North Carolina that the
interests of the State demanded that
some means should be devised by which
the negro will be prevented from domi-
mating the offices in this State. The
amendment proposed accomplished the
desired end without interfering with the
native white mans right to vote.
1t will be seen from the foregoing OBJ
servations that the courts must and
will uphold the cOnstitutionality of the
law. IL. ]. JUSTICE.