The Caucasian. (Clinton, N.C.) 188?-1913, 1900-01-25
SOME PLAIN FACTS ABOUT THE
PROPOSED AMENDMENT,
The lineaI Descendant Section
Clearly Unconstitutional.
SUPREME COURT NOT THE
CREATURE OF FLEETING
PUBLIC SENTIMENT.
This silly Cry of Negro Deminatfon-In.
teresting Article on the Campaign
Issue BIZ Frank Nash.
Editor of The Gazette.

es whom | have never seen, have
the habit of forming some mental
conception, not only of the ability,
but of the appearance and person
ality of those judges. OF course as
| discover afterwards, I miss as of
I ten as [ hit the mark; yet there is
something fascinating in the oper-
alton, while at the same time it
gives interest to and fasten3 the at
tention upon those opinions.
Now, Mr.. Simmons in his latest
collection of arguments for the pro-
posed suffrage provision, has saved
me all this trouble, for a likeness
Of it's author accompanies each one
of them. These authors, however,
are not judges, not by any manner
OF means, but simple advocates of
the pro side of legal and political
question. All Of them are pOliti-
| clans, too, or have held political Of
flee. Some of Them are Old sinners
in this regard. Others have here
tofore taken what they fondly i'm
agiue to be a rear seat in the syna-
gogue, and are anxiOusly craining
their necks lest they should be for
gotten and not be invited to come
up higher. All of them are, of
| course, able men, men of reputation
and character; and, as their Great
Leader, Mr.. Bryan, makes politics
a profession, there is no reason why
they, his followers, should not be
politicians, if they want to be; but
it is always well to be wisely eau
tious in giving full credence to in
terested judges or advocates, or wit
nesses or politicians.
Gov. Jarvis is man of much
| more than ordinary ability as a
man and political manager. we'll
balanced and generally wise, and
he is withal kind and benevolent.
think there is no hypocrisy in his
make up, except when he is soft
sawdering a sovereign, and of this
art he is past grand master. But to
save my life, when reading his ar
ticle, | could not prevent the mem
DRY of an illustration in Dickens
Martin Chuzzlewit" from haunt
ing me. 1t represents Mr.. Pecksniff
strolling along a pathway in a
wood, the bare bOughs of whose
trees made an archway over his
head and vista of light beyond.
His hands, with palms together,
were on his breast, and his eyes
were turned heaVenWard and there
was about him an indiscribable at
mosphere Of benevolence, Of good
ness and Of wisdom. Underneath
was the legend "Rustling among
the last years leaves the placid
Pecksniff strolled."
Judge Conner, too, has an envia-
bic reputation in the State, as a
lawyer, as Judge and as man.
But compare his bar association
address with his article on Section
D, published about the same time.
In the former he is clear, able, dig
nified and self-confident; in the lat
ter his argument, if argument it
may be called, is enveloped in
haze of words. He lays down prin-
cIpleS that are not sustained bv
either the history of our country or
the decided cases. He seems to join
in the hue and cry Of his smaller
colleagues against those who dare
to differ with them as to the consti-
tutlonality of Section 5. They, to
them, are either interested politi-
clans ('wretches concentered all in
self'') or Vaporing fools. So his dig
nifty therein appears a strut and
his self-confidence mere pretence.
Having given these general inn
pressions, L proceed now to exam
inc more minutely some of the 20
sitions taken by these gentlemen.
Judge Conner seems to put his
whole defense of Section on the
following grounds: constitutional
law is not an exact science, nor
should it be. Adhering to general
principles, it is medium for Civ
ing expression to and enforcing
wisely, carefully and conservative
ly well-matured public sentiment,
enabling written constitutions to
expand and adjust themselves to
national growth" Public senti-
ment in the north has changed very
much since the adoption of the 10Th
amendment. Section ) is an ex-
preston not only OF the will of the
people of the State but of the whole
South, and as the court is not as
tute to find a conflict with the con-
stltutiOn, but on the contrary as
tute to reconcile state legislation
with it, Section 5 will be declared
constitutional.
He quotes the Atlantic Monthly
and cites Mr.. Thom's "Inevitable
REIMBURSEMENT of the Law The
federal constitution, according to
him, has as much elasticity as the
common law is said to have, and he
creates a court even higher than
our court Of last r7sort in federal
questions, the court of public senti-
ment.
l do not intend to enter into a
finespun inquiry as to the POSSIBLE
ity of the Individual mem bers of
court being Influenced by their en-
vironment or by the action Of pub
lie opinion upon them. Nor have
l, nor do | claim, that constitution
al law is an exact science as is
mathematics, for if it was there
would be no need of course to con-
strue constitutions, as every man
could work out his own problem. 1t
is, however, easy to show that Judge
Conner's argument is based upon
false premise, looking att from the
standpoint of the decided cases or
of history. or of our own experience.
| have never seen nor heard of
case decided by the Supreme Court
of the United States of which it
could be truly said that therein the
court pandered to public sentiment.
On the contrary, know numbers
of cases which it decided right in
the face of what was then the con-
trolling public sentiment. / need