The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-07
THE NEWS AND OBSERVER SUNDAY MORNING, MAY I, IS99

consider the operation and effect on diff
ferent persons. if the amendment Is
adopted, aways remembering that no.
body's right to vote can be denied or
abridged" ION account of race. color or
previous condition of seryitude."
Look Mt Section >. This section pre-
scribes length of residence, and denies
to criminals the right to vote. Nobody
questions the Constitutionality of this
section.
Section 3. Every person offering to
vote must be legally registered. There
can be no Constitutional objection to
this Section.
Section A. Any person presenting HIM
sci for registration or voting shall be
able to read and write any part of the
Constitution in the English language.
Under this provision, if this were the
only qualification Of voter, an educated
negro man might vote and an illiterate
white man be denied" the right to vote
the negro being allowed to vote, not
because he is a negro, but because he
can read and write any part of the
Constitution in the English language"
Again, Section 4 provides that the yo-
ter. if liable for poll tax "for the previous
calendar year, as prescribed by law,
shall exhibit the receipt therefor when
he offers to vote" There is no race or
color" discrimination i'll this requirement.
But the "Grandfather Section as it
is called. is the one which presents the
really serious question of them all, as to
its Constitutionality. 1t reads as fol-
lows:
''Sec. ). No male person who was on
January l, 1867. or ut any time prior
thereto. entitled to vote under the laws
of any State in the United States where
in he then resided, and no lineal descen-
dant of any such person shall be denied
the right to register and vote at any
election in this State by reason of his
failure to possess the educational qualifl-
cation prescribed in Section of this ar
ticle: provided he shall have registered
i'm accordance with the terms of this ar
ticle 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 Tin this Section > which dis
eliminates ION account of race, or color.
or previous condition of servitude?" If
so. it would conflict with the 10Th
United States: 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 men: but no law, either State
or National. had ut that time conferred
on them the right to vote. But how had
it been prior to January /, 1867. to-wlt.
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 We're called. had and
exercised the right to vote at all cleo
tions in North Carolina. And if any
free negro" who voted prior to 1880, IS
still living in North Carolina, though he
NAV be totally iliterate and unable TO
read and write and though DISTINGUISHED
from 1880 up to the Reconstruction pc
Rod in 1868, he coud vote just like an
illiterate white man under this proposed
amendment. if it should be adopted. Not
only so, but any living ''lineal descen-
dant'' of such free negro though him.
self iliterate. could vote under this pro
posed amendment Not only this, but
under the proposed amendment any ne
gro. whether he was formerly a "'free ne
gro'' or a slave, who exercised the right
to vote in Massachusetts, or any other
State. prior to January /, 1861, is enti-
tied. and his ':lineal descendants are
entitled to acquire residence III North
Carolina, and vote under the proposed
Amendment, upon compliance win the
registration therein provided, and regard
less of the educational qualification IN
Section 4 because they come within the
class provided in Section D.
The only question is, Does this Sec
ton "deny or abridge" the right to vote
ION account of race or colorT Are ne
groes debarred by it? Then, white men
who come within these provisions would
also be debarred. Where is the dlscrim-
nation? Take the case or an llilterate
son or grandson of an unnaturalized
alien: he cannot vote under Section .,
for us ancestor didn't vote prior to Jan
uary /, 1867. Take the case OF even
naturalized foreigner who cannot read
or write the English language, and
never voted prior to January |, lSb', II
matters not as to his race or color, he
could not vote under Section ,, nor can
his illterate lineal descendants vote
under section .. 10 WHaleNeT fd'c iieH
belong The question of race or color does
not enter into this enabling quallhca-
ton. The question under Section is,
whether the voter himself or his ances-
tor voted prior to January / 1867.
How many individual persons of differ
ent races may, upon census beng
taken. be embraced within this class Of
voters, is not the question. Glass legis-
lation, discriminating against some ana
fayoring others, is prohibited; but legls-
ton which. in carrying out a public pur-
pose, is limited in its application, II
within the sphere Of its operation 1t AZ
fects alike all persons similarly situated,
is not within the Amendment" Barber
VS.. Connolly. 113 L. ;. p.
The age of a voter is arbitrarily fixed
by law at p years. but does anybody
doubt that the law might fix it at 20
years. or 10 years, and confer the right
to vote upon persons under u years of
age? On the other hand, could mot the
law as to the voting age be so changed
as to make it % years, for instance,
and withhold the right of suffrage from
all below that age, even from those who
had before exercised the right to vote,