The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-21

/
ed because somebody else is able to qua.
ify himself under the test.
| The master said that the Lord of the
| vineyard did no wrong to those who be-
gan to labor at the third, and the sixth
and the ninth hour. when he gave to
| those who only began at the eleventh
| hour likewise 4 penny" Take that
| which is thine and go thy way"
Let us make practical application of
| the Amendment. Take four citizens OF
| the State, neither of whom can read and
write, let two Of them be white men.
one a native North Carolinian, who has
lived here all his life. one Pole or
German, who has only been 20 years
in this country; let the other two be
negroes. one Of whom has lived in the
State all his life. and the other one who
has recently moved to the State, let us
say, from Massachusetts. where he voted
before 1861, or whose ancestors were free
negroes and could vote before 1861. Now.
under the Constitutional Amendment
one of these white men can vote.
and one of these negroes can vote; while
the other white man (the foreigner), and
the other negro cannot vote.
The white man and the negro, who are
permitted to vote. are both allowed TO
vote for the same reason because they
or their ancestors could vote before 1861.
The white man and the negro, who are
excluded from voting, are excluded for
the same reason. because they could
neither read and write. nor did they CT
their ancestors vote in this country be-
fore 1867. / suppose no one will contend
that the foreigner. who is excluded from
the suffrage under this Amendment is
denied the right to vote ''by reason OF
race, color or previous condition of
scrvitude." Then upon what principle
Of law or common sense will the courts
hold that the negro. who is excluded
with him is denied his right to vote ION
account of race, color or previous con-
dition of servitude!'
But it is suggested that the courts will
not construe this Amendment BY It's
terms. but that it will look beyond and
outside of the Amendment, and consider
any historical facts connected with It's
initiation and adoption, and inquire INTO
the motive and intent of the measure.
Well. for the sake of the argument,
let us admit it, although it must be con-
fessed that this would be a novel meth
cd of interpreting a written ConShtu-
ton. 1t is contended that the court mas
only to look to well known facts con-
ceruing our population, and the facts
with the emancipation of the
negro to see that only a very few ne
groes could qualify themselves for suf-
frage under the so-called grandfather
clause. while all the white people eX-
cert a few foreigners could qualify
under it and therefore the
court. predicating its action upon these
facts dehors the amendement, would
hold that the object of this clause was
to ..deny and abridge'' the suffrage of the
negro. ION account of race, color or
previous condition of servitude." But
North Carolina is not the whole of the
United States.
Let us suppose that an amendment
with ours should be submitted
to the people of New York and ratified
by them, and a case to test ITS constltu-
should be taken to the Supreme
court and that court should apply the
rule of construction contended for, as
above stated, what would be the result!
MENT--TWO -..6 &c. O..
New York has an enormous population
There are some negroes, but not many,
twenty-five or thirty thousand
negro voters in the State. large
part of its white population are for
eigners who have moved into that State
since 1867. A large proportion OF this
foreign element are utterly ignorant
and often depraved. There are prob
ably more than 100000 such voters in
that State today.
Does any one suppose that the court
hooking at these we'll known facts con-
cerning the population of New York
would say that such an amendment was
intended or had the effect of denying or
abridging the negroes right to vote,
ION account of race. color or previous
condition of servitude?' On the con-
trary. would not the court and every
intelligent person, see that for every
ignorant negro effected by the amend
ment in any way there would be
from 8 to 10 uneducated foreigners
effected in the same way, and would
not the court and every intelligent per-
son say that the amendment was aim
ed at the ignorant foreign vote of that
State and that, though the negro was
effected thereby in the same way. as the
foreigner, the suffrage of neither was
denied or abridged ION account of race,
color. or previous condition of servi-
tude." hut on account of presumed un-
fitness and mental and moral delinquin-
ces. as we'll as because of defective
training and inadequate education in the
republican principles of self-government.
and would not the court hold that such
an amendment to New York's consti
tuition was not only constitutional. but
Just?
There are many States OF the great
West which have to Il large extent
been settled since the close of the civil
war which, while having few negroes,
are largely populated by foreigners. In
all Of these States. if the Supreme
Court in constituting an amendment
similar to ours should look to the con-
ditions of population. they would say
that the object of such an amendment
was to reach that element OF the popu-
lation which had too recently settled
there to have divested themselves OF
the monarchical theories and practices
which they brought with them from the
old world, or to imaibe the democratic
principles of self-government upon
which orw Republic is founded and it
~. 4 Asrr.f