The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-07

ton of the 18th Amendment to the Uni
ted States Constitution?
The descent of title to real estate has
been regulated by rules of descent, both
lat Common law and by Stature since the
beginning of private ownership Of land
but does anybody question the right to
change by law the rules of descent of
land titles, and the casting by law of
the inheritance upon the heir? What
vested right has the heir in the land of
his ancestors except such as is conferred
upon him by law? What vested right to
vote has any citizen OF the United
Statee. whether male or female, black
or white by reason of his or her mere
citizenship? None whatever, as the
highest Court has decided. That Il man
by the commission OF crime against the
State may be made to forfeit his right
to vote, nobody controverts. As a voter
cannot claim it as right vested in him
by the Constitution of the United States
by virtue of his mere citizenship and
the right to vote is only a right confer
red by State legislation, why cannot the
State, when ii sees iii to do so. withdraw
this right from him, subject only to the
restriction that the right TO vote shall
of race or color or previous condition of
servitude" The State can grant to n
citizen the title to piece Of land for
which the citizen pays the State the pur-
chase price under a contract, and yet
whenever the State requires the use OF
the land for Il public purpose. it can
take that same land away from him at
an appraised valuation under the right
of emnent domain residing in the SOY
ereignty of the State, without infringing
that provision in the Constitution of the
United States that mo State shall pass
any law impairing the obligation of con
tracts" This doctrine is upheld by all
the Courts, both State and Federal.
But suffrage is not Il vested right inner
ent in the citizen" as such. As it is
right conferred by law, the law may be
amended To take it away unless some
higher law prohibits it. Naturalization of
an alien Confers the valuable right to be
come Il citizen of the United States"
and if YOU will read the naturalization
laws passed by Congress. you win see
i'll the naturalization of foreigners and
making citizens out Of rhen. the
principle of heredity of naturalization
rights of citizenship is expressly recog-
nized and enforced by the Congress OF
the United States in our naturalization
laws. Here is Il Section of the United
States Naturalization Laws:
See. g. The children of persons who
have been duly naturalized under any
law of the United States. or who, pre-
vious to the passing of any law on that
subject, by the Government of the
United States, may have become citi-
zens OF any one of the States, under the
laws thereof, being under the age of p
years at the time of the naturalization
of their parents, shall if dwelling in the
United States. he considered as citizens
thereof; and the children of persons
who now are, or who have been citizens
Of the United States. shall. though born
out of the limits and jurisdiction of the
United States. be considered as citizens
thereof; but no person heretofore pro-
scribed by any State, or who
has been legally convicted of
having joined the army of Great
Britain during the Revolutionary
War. shall be admitted to become a citi-
zen without the consent of the Legisla-
ture Of the State in when such person
was prescribed"
And Congress, in our naturalization
laws, has gone even to the extent of CON
ferring rights upon the widow and chill
dren of an alien who dies pending his
application to become a citizen of the
United States. rs follows:
when any alien.. who has complied
with the first condition specified in Sec
ton 2,16o, dies before he is actually nat
uralized, the widow and the children
of such alien shall be considered as citi-
zens of the United States and shall be
entitled to all rights and privileges, as
such, upon taking the oaths prescribed
by law
| might add more to this article upon
the same line, but it would make it too
long, besides thorough discussion of
this subject on the stump next year, its
Constitutonality as well as the policy
of adopting the proposed Amendment, is
to be expected. With the lights before
me, and such investigation rs | have
been able to give it, | have been led
TO the conclusion as a lawyer looking
at it purely from legal standpoint
that the proposed Amendment, if adopt
ed, would not conflict with the Constitu-
ton of the United States, and, in this
communication, that is the only ques-
ton / have undertaken to consider. |
can only give you my opinion as law
yer. but what the courts are going to
decide about it, if adopted, the good
Lord only knows. Experience teaches
all lawyers and close observers of cur
rent events that what the law on any
subject may be, is what the courts de-
clare it to be. Courts are composed
of Judges, Judges are generally law
yers. or at least are supposed to be law
yers; but after all, lawyers at best are
only men, of like passions with other
men, Eight votes to seven votes once
decided the Presidency, and five of these
votes were cast by Judges of the SUI
preme court of the United States, each
Judge, like the others. voting ON the
side Of his party man, in the determine
ton of that great issue.
=. The next question is, if the proposed
Amendment should be adopted and the
courts should declare that Section D of
the proposed Amendment conflicts with
the Constitution of the United States,
would Section 4, which provides for ed
ucational and poll tax qualifications of