The Caucasian. (Clinton, N.C.) 188?-1913, 1900-04-19

The Constitutional Amendment Discussed in q
Very Able and Conservative Manner

rights of the people which were intend |
ed TO give freedom Of opinion and ac-
non to every citizen Of the country. |
The Constitution, the declaration of in |
dependence and the earlier laws of the !
Republic which touched upon this S D. |
Ject at all encouraged and fostered a |
1ree expression of the individual will |
upon all public questions and issues
But how is it in these times? The rec
ords show in Louisiana out of voting
population of 149975 white people IN
1898, only 32S82 voted; in South Carroll |
ma, in Congressional elections of 1898 |
there were 31S.1 votes cast with
White voting population OF 117G00; in
Mississippi in the year 1898 there were
2197 votes cast, with white voting
population of 1877 900; SO that in Loui-
6iana there were $4,000 white voters
who did not cast vote; in South Caro-
lima about $4,000 and in Mississippi
S7436. Now in view of the principles
stated is it not an unfortunate state Of
affairs and one that should not exist
under any conditions, but be deeply
deploreu by all as unAmerican? The
spirit and life of the voters should not
be emasculated or discouraged so that
he will not go to the polls and exercise
SO important right as that of suffer.
age-the chiefest of all his political
rights.
Now there is a very strong array of
legal talent which holds to the opinion
that the grandfather clause. section
of the Constitutional Amendment, will
not stand the tests of the court, and
VIII therefore be declared unconStitu-
tiOnal, while the other sections there
in will, as they represent complete
scheme of suffrage and are not uncon-
stiutional-among them are Senators
P. F. Pettigrew, of South Dakota: w.
V. Allen. Of Nebraska; Stewart, of Ne
vada; Ex-senator George F. Edmunds.
of Vermont one of the best if not the
best constitutional lawyers in this
country; and Senator McEnery and
Caffery, of Louisiana, whose most SOL
emn judgment in 1898 was that the
Constitutional Amendment of Louisi-
ana, Of which ours Is a copy, was IN
constitutional and of this opinion l
shall append a statement taken from
the New Orleans Times-DemOcrat of
March 25th. 1898, which will explain
the situation. coupled with the fact
that Senator McEnery has recently re-
ceded from the judgment then ex-
pressed; and also we have in this State
many able lawyers and leaders Of all
parties, Populists, Republicans and
Democrats, who say that the grand
father clause is unconstitutional. Is
this not enough, to say the least, to
-, IT. - \
visibility of the amendment as pro-
posed?
1t seems to me that Judge George H.
Brown, Jr., for whose opinion ! have
very great respect, has conceded this
when he proposed the eth cecetion to
the Constitutional Amendment, which
reads as follows to-wi::
Sec. 6. This act shall be construed
| and taken as a whole, and if any Of its
clauses, sections and provisions shall
| for any reason become or be declared
imperative and inyalid. the whole CT
| this amendment aid every part and
| section thereof shall become nu!. and
| void and of no effect.
Judge Brown is a good lawyer and
Judge, but when he drafted this 9Th
/
ment he must have overlooked the
/ most important principle expressed
in section II, article of our State
| Constitution, which you will find Cn
page 699 of the Code, volume 2. which
forever separates so far as it can the
Legislative and Judicial departments
of the State Government, in the follow
ing words: THE General Assembly
shall have no power to deprice the III.
dicial Department of any power Or jur.
isdiction which rightly belongs to it as
a coordinate department of the govern
ment," and as it has been well said
Neither our State nor Federal Court:
have ever permitted and will ;cyel
permit the Legislative Department 4
instruct the Judicial Department. as K
how it shall construe statute" Thi'
is the peculiar function of the courts
and hence it is that no encroachment
will be allowed by one coordinate de
partment of the State government OF
the other coordinate departments; ant
this is the reason tnat Judge Brown
9th section will not effect the purpOs
that he thought it would, ma the pur
pose for which it has been paraded be
fore the citizens of our State.
Our people are beginning to under
stand that it takes something NOR
than chaff to catch old birds. The pt o
pie can be fooled sometimes, but no
always. On pages 633 and 635 IF th
Code, volume 2, you will find the lat
and 15tn Amendments to the Consti
tuition Of the United States, and i
! sections one of each you will find tn
following paragraphs: First, mo stat
shall make or enforce any law whic
shall abridge the privileges or imniunl
ties Of the citizens of the Unite
States" and Second, THE rights of tn
citizens of the United States to vol
shall not be denied or abridged by tn
: United States Or any State on accour
. of race, color or previous condition {
servitude." This seems to be plai
!: reading, and when you compare tt
/ State and the amendments of the Uni
ed States, you cannot fail to discove
that there is conflict between thes
4 constitutional amendments, and thu
! one or the other must give way, an
I that the lesser must yield to the grea
[ er, and therefore the State Amendmel
must give away to the Amendments I
. the Constitution of the United State
e Now, in conclusion l will say tt
;, true spirit of our institutions all ter
u to the encouragement of the exercis'
e of all political rights and privileges
4 the fullest extent All thinking mt
j know this whether they will admit
{ or not. God help you to think arigl
Iis, n these things and do what you hol
ION C,r believe to be right and the prop
re- all druEe all know the things tn
st of time and what will
all Is right thinking a,