The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-10-09

Royernment. laying It's louhoaton on s,oh
form as to them shall seem most likely 10 enec'
their safety and happiness
Having thus passed In review. some, OF ne
historical precedents for restricting the SUI
frage, So are in position TO ven I'VE "i ACTON Of
I North Carolina in adopting what - known
"a the grandfather clause OF its new Con.
stitution. Conceding. as We must that Ine
SoSe nav ne reasonably restrict the fran
chise by the application OF a properly, an ruvs
cational or any other qualification whlPh he
Fourteenth and Fifteenth amendments, u Only
remains 20 examine the extent TO ,whlCn tnis
right Of the state has ;b been Fs sSTldsS Gcv afn
either in Us legislative or judicial depart
ments, 70 i%r'"rfere with the state ana 10 o
hIs rights II is pretty generally conceded oy
law writer's and publioists that the negro 0n GSr
claim no right Of the elective franchlse unqet
that clause Of ,he Fourteenth Amendment Which, rcs
I provides that 40 State shall make or ehloIC'
any law abridUipS the PRIVILEGES or lmmnn''l ss
has already been pointed out, the right 70 y2tS
IS not a privilege Of citizenship IN ne uhTTeSoo
S SS1y Siih S%' c RsiGes q K .p FSar 3, MT amendment
bearing upon this question Is that when ue-
| clares that when the right TO vote at any
/ and Vioc-Presidont Of the United states, Repre-
and Judicial oficeTs Of a STATE ,,n Gr
thereof. 'n',Ioe'' do1leS. e any .,as q Ivon the
one years OF age, and citizens OF the Unlteu
| states. or in any way abridged, except tor
| participation In rebellion or other crime. lne
basis of representation therein shall be reduced
male citizens shall bear TO the whole nuInoftII
Of male citizens twenty-one years OF age ~
/ the power OF the state to restrict the suffrage
and It imposes a political penalty up1h InS
STAT, for refusing the rish, : to TS Al P9 X. cinii tinted
states may restore the right taken from the
negro, so long as the state Is wiling TO Pay re
his work on Outline study OF Law, preferred
70 have It's representation cut d2WH rather ,b
praciicaily admitted negroes TO the suffrage
S5Ei i6 d5'9 Hf ycrSitn reES' as SG tests FOR the 'ssIIclusiion
Of persons from the exercise Of tho. elective
franGhi,e This amSpSS d no5 9T stS,t. to r ,nss
shall not be denied or abridged by the United
states or by any STATE on account o! r SSGcbi
is clearly not a limitation upon the state OF
North Carolina to restrict rs sunIige 10 tnose
iirnsSH"sSRAi. this sscry should odidrod Gpe voter In the the
state. II Mr. Curtis was right when he de
tt EIScIn I,bI IHS "onHtry ceases 10 be- mean in It's
true and beat sense, then It Is the right OF a
state, answering TO the lay OF SelicpreaerYao
ignorant to a degree which Is a menace TO the
i~ntegrity Of popular, government North
an educational qualification for her %sufirage,
i, clearly within the limits OF her constitutional
and natural rights, a. much a. N'tlne or Colo-
scribed a property qualification, or that the
voter should have paid taxes. or that, as IN
Virginia, he should have been free from
a principal or accessory. and there
would have been no Constitutional ground on
When. however, she went beyond thfs. and eH-
cepted from the operation OF this, quahtcatlon
men who, with better opportunities than have
fallen 10 the lot Of the average man OF color IN
i%on SS%sd9' b s%V own TrG Sood " Fai Il 's and Soncede e
The Intellectual standard Of her voters, but the
exclusion Of a class on account OF race color
effort to accomplish indirectly what Is forbid
a a'" ySi R at %p'e Of = the GconstiiutiGnal pro,
vision as though 1t nad m nsnnnSiiien
OF -ervituie Of the class against whom the ex-
ception Is 50 obviously directed no negro was
North Carolina, with tho possible exception. Of
n few freemen Of color. whose right depended
~ seryitade. lie was denied this privilege
on account Of race, color or previous condition
Of seryitude' The white man on the contrary,
nit the descendants OF these voters 70 continue
TO cast a ballot, regardless OF their eduoational
qualification. while the restriction applies to
the progeny Of the unfortunate race Is 50 ,nalpa-
bly an effort at evasion that II cannot deceive
any one familiar with the fscts' II ms amend.
'prevents the States or the United States from
sivins one P'efe Gi9lssn In Of this tn. D'rt tGil:d
states over a mother on account OF race, color
or previous condition OF serstude.' II has
clause il permitted to stand. But II cannot be
permitted to stand The court In the case re yHs,
--.,,;n Qualifications are permitted by law 70
vote. those Of another having the same oualii-
Rcations must be. Previous TO this amend
follows that the amendment had invested, the
citizens Of the United states Tith 4 new Con
inc power Of Congress-. That right Is exemp-
ton from discrimination In the exercise OF the
elective franchise on account Of race, color or
nreyious condition Of servitudc. This. under
the express provisions OF the second section
Of the amendment, Congress NAV enforce by
whether this power is exclusive In the Con-
gress, or whether the. courts may intervene
and declare so much OF the amendment as e6-
cestors were permitted TO vote prior to 1887
TO be void, IL Is not necessary now To- consider
M In3t Of '. eecar n to TIE ne negro the rishtts' Of Which
the state Of North Carolina has attempted 10
aeGTiy con Ht%, b is p pST SRens e 70 dkS SHs tS st tffst en-;
qualifications for electors who are citizens OF
the United States. and II the educational quail:
ntlIlnl II IlhlllNtlN'It ~ nus " ~ "
equally against the white man and the negro.
When this is done no one OUTSIDE OF the State
Of North Caroli.a will have a right to complain
and comfy and public policy alike demand
that beyond a vindication Of the Constitution.
we should refrain from interfering under any
preteIt whatsoever,
At the close Of the address a vote AZ thanks
was rendered the DISTINGUISHED guest. Henry
W Jessup then proposed the followinC reso-
luton:
Whereas, We believe that the judiciary OF
our State should be froe from political par
tisanship and from party obligations: and
"Whercls, The intsCt Of the elective judi
ciary system is that good judges may be con-
tinued In Office, and
"WhoreIs, The judicial life Of the Hon Edward
Patterson has been characterized by great
ABILITY and integrity and strict imTartiality.
counted with uniform courtesy in his treat
ment Of the bar: therefore, be II
'Resolred. That the Phi Delta Phi Club OF
New York expre sses the hope. which II believes
is shared generally by the members Of the
New York county bar, that. irrespective Of
party aflliatiou, the electors Of this county will
unite In reelecting Judge Patterson as a Justice
Of the supreme Court"
The resolution was passed by the club unan-
imously. and a copy was sent to Justice Patter-