The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-10-22

stored to power The anomaly was then
presented of government whose dis
tinCtive characteristic was that it rested
upon the will of the majority being con-
trolled and administered by minority
Of those entitled under its organic law,
to exercise the electoral franchise. The
habitual disregard of one law not only
brings it finally into contempt, burt tends
to weaken respect for ali other laws.
The most dangerous and insidiOus form
in which this evil cam exist is that
which manifeStS itself in the disregard
of public rather than OF private right;
for not only are the consequences more
widely diffused and less rapidly eradi-
Gated, but because no particular right
of individuals is directly involved reSiS-
tance is less prompt and the evil pro-
crosses to dangerous proportions before
its existence is noted. Not only was
the question of the franchise most diff
fcult one for solution by reason OF
its nature, but there was added to its
treatment the limitations upon State
action imposed by the amendments 10
the Federal Constitution.
The difficulty, as all men knew. arose
from racial differences. The Federal
Constitution prohibited the adoption OF
any laws under which a discrimination
should be made by reason of race, color
or previous condition of servitude. With
in the field of permissible action, under
the limitations imposed by the Federal
Constitution, the convention swept the
circle of eXpedientS to Obstruct the exer-
else of the franchise by the negro race.
By reason of its previous condition OF
servitude and dependence this race had
acquired or accentuated certain pecu-
liarities of habit, of temperament and OF
character which clearly distinguished
it as race from that of the white
Il patient, docile people, but careless,
landlesS and migratory within narrow
limits, without forethought, and it's
criminal members given rather to furtive
offences than to the robust crimes of
the whites. Restrained by the Federal
Constitution from discriminating against
the negro race, the convention discrimi-
mated against its characteristics and the
offences to which its weaker members
were prone. 1t is evident, therefore,
that the Convention had before it for
consideration two antagonistic PROPOSE
tions-one to levy poll tax as "a revenue
measure and to make its payment COM
one of many devices for excluding from
the franchise large number of a
class of persons, which class it was inn
practicable wholly to exclude and not de-
sirable wholly to admit In our opinion
the clause was primarily intended by
the trainers Of the Constitution as 4 clog
apon the franchise, and, secondarily, and
incidentally only, rs a means of reve-
nue.
Here you win see there is plain and
unequivocal judicial finding by the high
est court of the State that the suffrage
framed for the express ana avowed pur-
pose of limiting negro suffrage as far
as possible within the bounds of the
Federal Constitution The Supreme
Court of the United STATES In the Viii
liams case, after quoting from this
opinion of the Supreme Court of Miss
issippi. said:
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
under the limitations imposed by the
Federal Constitution, and the means of
it We're the alleged characteristics of the
nCGAO IdCt, HOl lIlt administration Oh
the law by the officers of the State"
After fully considering the Williams
case it was affirmed.
The Constitution of Mississippi was
not submitted To the people for ratif-
cation or rejection, but was directly pro-
mulgated by the convention. 1t was
urged before the Supreme Court that
the Constitution was invalid because it
had not been submitted TO the people
for ratification or rejection, but this
point, being purely fanciful, was ig-
nored. 1t was also pressed upon the
court that the franchise provisions of
the Constitution were void for the rea-
son that they violated the terms of the
act of 1870 under which the State was
readmftted to representation in Con-
gress. / have not that act before me.
but in substance it made it a ftmdamen-
tai condition upon which the State was
readmitted to representation that the
franchise provisions OF the Constitution
of 1869, known as the Reconstruction
Constitution, should not he altered, ex-
cept as to its limitations regarding resi-
dence, without the consent of Congress.
This point was also completely ignored
by the Supreme Court OF the United
States upon the ground, no doubt. that
the readmission act of 1870 in this re-
spect was clearly unconstitutional.
T. c.. CATCHTNGS.
NickSburg. Miss. Sent, 10 1890