The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-14

clearly distinguished it as Il race from
the whites. \ patient, docile people; but
careless. landleSs, migratory within mar
| row limits. without forethought. and It's
criminal members given TO furtive Of
fences. rather than to ROBUST crimes of
| the white Restrained by the Federal
| Constitution from discriminating against
| the negro race, the Convention discrim-
mates against its characteristics, and
the offences to which it's criminal menu
beers are prone" 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 permiss-
BILE action under the limitations imposed
by the Federal Constitution, and the
means of it were the alleged character
listics Of the negro race, not the admin
istration Of the law by officers of the
State. Besides. the operation of the Con-
stitution and laws Us not limited by their
language or effects to one race
| In order then to render State law
obnoxious to the Fifteenth Amendment,
there must be discrimination against a
person solely on account of his race, col
or or previous condition. of servitude:
and in this bill there is no such discrim-
| ination. 1t certainly is not there Ill
terms nor is it there in effect, nor IS the
operation of the Amendment limited by
| it's language or effects to one race.
Under this law all negroes who can not
read and write viii not be deDarred and
all white people who can not read and
write will not be permitted TO vote.
| All negroes who were voters in any
State of this Union prior to January 1,
1867, and there are known to be several,
can vote; the descendants, whether they
were slaves or not, of those free negroes
who We're permitted to vote in this State
prior to 1885. and they are quite NUM-
erous, can also vote. And, on the other
hand. white people born in other coun-
tries immigTants-wh can not read and
write can not vote, nor are those white
people who were unable to vote in the
State in which they lived prior to 1861
entitled to vote under this Amendment,
without being able to read and write.
But let it be known and understood of
all men that all white people living in
North Carolina ON the first day of Janua-
Try. 1867, and their descendants, can vote,
because they are known to be capable
of voting inteligently, whether they can
read and write or not.
If it be said that this exception per-
mits many more white people TO vote
| than negroes, / answer that that is true;
and it would be equally true of any prop
err qualification which might be proposed.
1t would certainly be true or a property
qualification or an educational qualifica-
ton, and yet | suppose no one would
deny the validity of such qualifications.
| 1t was certainly true of the conditions inn
posed in the Constitution of Mississippi.
which has been Sustained by the Su-
preme Court.
| The truth lis that the validity of any
| limitation of the right of suffrage-any
classification of voters-depends. as it
| does i'm the case of other Legislative class
liications, alleged to be contrary to the
| limitations of the Federal Constitution,
upon its reasonableness: upon its CORE
| spondence with the facts or the situa-
ton.
| Upon this subject the language Of Mr..
Chief Justice Fuller, in Plessy VS.. Fergll-
son, 1913 Z. s., 537, $50, speaking of the
Statute of Louisiana, providing for a
separation of the races by transportation
companies, lis instructive, he says:
$50 far, then, as Il conflict with the
Fourteenth Amendment lis concerned, the
case reduces itself to the question wheth-
en- the Statute of Louisiana is a reason
able regulation, and with respect TO this
| there must necessarily be a large discre-
| ton on the part of the legislature. In de-
| termning the question of reasonableneSS
| it is at liberty to act with reference to the
established usages, customs and tradi-
tions of the people and with a view to
| the promotion of them comfort and the
preservation of the public peace and good
order"
| The fact is that the court will not de-
| clare an act unconstitutional If there is
any reasonable ground upon which it can
be sustained--it never undertakes to pass
upon the expediency, policy or wfsdom of
| Il measure. Those matters In our sys-
| tenn of government are left to the I'M
controlled discretion of the Legislature
| Say the Supreme Court: but in de-
te1mining whether the Legislature, in IL
| particular enactment, has passed the
| limits of its constitutional authority, ev
cry reasonable presumption must be in
dulged in favor of the validity of such
enactment. 1T must be regarded as valid
unless it can be clearly SHOWN to be in
conflict with the Constitution. 1t is
a well settled rule of constitutional eX-
position that if q statute may or may
no be, according to circumstances, with
| in the limits of legislative authority the
existence of the circumstances necessa-
ry to support it must be presumed"
The question then arises, and it is the
only question which can arise, is the ex-
ception in favor of those who voted prior
| to 1867, and their descendants, reasona-
BILE? Is it founded upon the rock of fact.
the basis of principle, or Is it mere
lpreteNt?
| The answer depends, and must depend
upon whether the instinct, faculty or ca
lpacity for self government Is capable OF
being transmitted by inheritance and
tradition, and we have seen that it u.s.
| Such certainly is the teaching of evolu-
| tionary science and of history: and if
any one doubts the effect Of heredity
and tradition upon race characteristics.
Signature s III z0I