The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1899-12-15

lie AS4GA AA&AAA ~ NL4S
where around him. It was said OF a
valiant American officer OF u Revo-
lutionary war that he could neither read
nor write. Yet he successfully led his
men in many a desperate enterprise.
and on many a bloody battlefield his
glory. His cheering presence was an
assured preSsage OF victory for friends.
and defeat and disaster to foes. Who
VIII say that such a man was not wor-
thy 10 vote? There IS no brighter page
in history han that which records the
struggle OF a few hundred Swiss peas
ants against thousands Of the brave
and best disciplined soldiers of Europe.
These poor men, ~unlearned in books,
loved their freedom. and in defence OF
ii, fearsessiy fought against odds
thought TO be irresistible. Their tn
umph was marvellous n the world
reSounded with their praises. VIII any
n dare say that they should lose the
right to govern their country which
they loved and served SO well? How
could they ave any part in it's gov-
ernment unless they voted,
1t is surely s~uperfiuous to argue to a
free people that they have a right TO
provide by law the peace. order, hap
piness and good government of their
own country. If they have not this
right. they have lost their liberty. The
most beneficient and effectual exercise
OF this right is to exclude unworthy
persons from al share in he govern
ing power. The source OF this power
is the ballot box Up TO this time the
state of NORTH Carolina has always
freely and without question regulated
the elective franchise. BY the consti-
tuition of 1I16. 10 one was allowed 10
vote for members of the n unless
he owned fifty acres of land. Many
- - 80 a
ton was removed. Up to the yea 1885
free negroes voted; although their
right was much questioned. By the
amendments proposed in that year, and
adopted by the people. they We're dis
franchised. The people are now, and
of right ought TO be, as free as their
fathers were in 1716: although in some
instances their rights have been down
trodden and abused. 1t is supposed by
some hat popular right has been in
fringed by the Fifteenth amendment
to the constitution of the United States.
Let us consider this question. This
amendment declares that the right of
any citizen of the United States to
vote shall MOI be denied or abridged on
account of race, color or previous con-
dition of servitude. In other words,
that the negro shall not be denied the
right to vote on account of his color. A
black skin shall not be the designa-
ton which excludes him from the bal
lot box, if in other respects entitled
to vote. 1t does not say that a black
skin shall give him the right to vote,
in spite of just disqualifcations. 1t by
no means eXemptS him from the effect
of general laws. 1t does not intimate
that the state have not the right to de-
clare what are proper qualifications for
the right of suffrage. 1t is declared
by the highest authority that all men
have an ~inalienable right to life, lib
erty and the pursuit of happiness. Yet
general. laws have always been pass
ed which for just reasons TAX away
these so-called inalienable rights. The
safety of the commonwealth is ever
and at all times the supreme law. To
is every other consideration is Subordi-
nate. No government could exist on
the face of the earth where this prin-
ciple was not enforced. Every free
government has the inherent right to
provide for the public peace, health,
good order and happiness. Let us see
what doctrine the Supreme court of the
United States holds on this question
In Kugler VS.. Kansas, 123 L. s., page
663, it said: But neither the amend
ment (of Fourteenth) broad and com
prehensive as it is-nor any other
amendment was designed to interfere
with the power of a state, sometimes
termed its police power, to prescribe
regulations to promote the health
morals, education n good order of the
people, and to legislate SO as to in.
crease the industries of the state
develop its and add to it:
wealth and prosperity" This was sale
at the October term of 1887, more thar
seventeen years after the adoption o
the Fifteenth amendment. In the sam
opinion it is said: THAT this poweI
belonged to the states when the fedora
constitution was adopted. They die
not surrender it, and they all have /
now. 1t extends to the entire propert,
and business within their local jurids
d~iction." In Kid VS.. Pearson, 128 u. S
r., a g SO, it was said 1.-The polio,
power of a state is as broad and plen
airy as it's taxing power" In Powell
VS.. Pennsylvania, 127 q. S. r., pag,
683, it was said: 1T is the settled doc
trine of his court that, as govern
ment is organized for the purpos
among others, Of preserving the publ,
health and the public morals, 1t can
not divest itself of the w to pro
vid for these objects" 1t is wei
known that a state is forbidden by tn,
constitution of the United States t
pass any law which shall impair tn
obligation of a contract. But hear wha
the supreme court says on this subject
THE constitutional prohibition upoI
wv o"o AhS NlC "
contracts does not restrict the powe
|, of the state to protect the publ
health. the public morals, or the pub
lie safety, as the one or the other ma,
be involved in the execution of sucl
contracts. Rights and privileges arts
ing under contracts with a state ar,
subject to regulations for the protec
ton of the public health, the publ
morals, and the public safety" Kug
Ter VS.. Kansas, page 665. In the sam,
opinion, pages 666 and 667. it is said
Power to determine such questions
so as to bind all. must exist some
where. Under our system that powe
is lodged with the legislative brancl
of the government. 1t belongs to tina
department to Exert what are know
as the police powers, and to determin
primarily what measures are appro
pirate or needful for the protection o
the public morals, the public health
or the public safety"
Other extracts of the same impor
from the decisions Of the suprem,
court might be given in great numbers
But these are sufficient. Now 1t il per
tinent to ask If anything is more in