The Caucasian. (Clinton, N.C.) 188?-1913, 1900-01-11
TIE alINEAL ANCESTOR,
CLAUSE DISCUSSED.
[rrom Raleigh Post, May Ii, 1891

tGESS& OtGtOCSED.
IRON Raleigh Post, May IA, 1891
Frank Nash, Esq, of Htllshoro,
furnishes the following regiment,
fri n his standpoint. of the grand
father" clause, or "iineal ancestor"
section, or the proposed Constitu
tional Amendment in regard to the
bearing which the 18th Amendment
ofthe Constitution of the United 7
States, IN his opinion, will bear there
on.
Introduetion.-ThIs discussion is |
one Of purely constitutional law. 1t
ls entitled TO no more consider |
than the strength of the argument |
gives it. | know that M an of ability |
and character do not reach the same
conclusion that do. OF course these
gentlemen are actuated by perfect
integrity of purpose | think they
are mistaken; aud, as | commit my
reasons for so thinking to writing. |
cannot refrain from dem snding that
the tribute which have paid to their
integrity of purpose, shall be paid
likewise to mine.
As, however, the conclusion that
reach is unpopular. think. I owe
what follows to myself; certainly
that much, if not more. All my sym
pathies are with the better class of
people in North Carolina, who desire
| the purfcatiOn of the ballot. by an
/ EDUCATIONAL, property, or tax paying
quail fieation, or by any, or all of
them. Bat the reason for my sym
pathy is this: A Democracy is N owed
TO radical action only by appea S to
its prejudices and passions. When
thus aroused, it has 40 provision and
little memory. It is regardless of
the fu ure and forgetful of the past.
1t has its own short sighted reasons
for its present action, and these, to
it, are all sufficing. Insuperb4ble
barriers make it fret and fume and
! In lmpotent wrath, lash both the bar
rlers and himself The makers of
our constitutions, Federal and State,
understood the weakness as well as
the strength of Democracy, much
better than our modern apostles of
the people, SO they made the break
waters so strong that they could
Withstand all the angry waves of
popular excitement while providing
inside the harbor calm and serene
haven. Now, II is fact that one of
the signs of the times, is popular
restiveness against the r. straints OF
| tsa>o I%,,.
now, 1t is true, as IN 1896, not so
much as it will be in 1900, simply De-
cause the politician was then and
WILL be next year, moving upon the
face of the waters. 1t is true that
We have substantial reason to object
to both the Federal and State con-
stitutions. CandidIy, l think the
} greatest political crime committed
3 in the history of our country was the
enactment of the15th amendment.
believe it to have been q prod oct
both of hatred and revenge. Fer
Their. believe, Leisy vs.. Hardin (fhe
r original Package case and the III
: come tax case TO have been two Of
, the greatest political misfortunes IL
=. its history. But can | listen with
patience to the politician while be
t tells the people that the briber had
, entered the Supreme Court room nd
q had paid Chief Justice Fuller and
. Judge Shiras for their opinions IL
: these eases? Or shall l believe the
3 politicians and ] pin with them, who
disregarding the means provided by
the constitution itself fer IFS amend
ment, seek by main force to break
l down its barriers.
: Consclenti 'uslv, then, believing
that section of the proposed suff
rage provision is obnoxious to the
fifteenth amendment, I submit t;A
1 following argument. which to M
g mind is conclusive. Analysed it me- J
be stated thus:
! l. For the purpose Of the areumen
there are no restrictions in the Fed
eral Constitution upon the right O
e the State to requisite the suff a 9,
q except those contained in the Is
amendment.
2 Suffrage is a privilege and no
a right.
3. The 18Th amendment, however
5 makes it right, whenever any elias
I is excluded by reason of race. colol
or previous CONDITION Of servitude
and it makes no difference whe the
it is exclud d directly or indirectly
THE ARGUMENT.
, Constitutions are not themes pro
posed for ingenious speculation, bu
fundamental laws ordained for prac
4 teal purposes, said Judge CASTOR.
Before the adoption ofthe IF -eentl
amendment there was no iimltatior
on the States power over the stuff
l rage in the Federal Constitution, ex
( cept that which is contained in arti
). Gle l, section 4, and article ", sec
ton "f said constitution. Amend
ment Is then, is a limitation upon
3 the admitted power of the State and
| the question to be discussed is the
extent Of that limitation, and Incl
IDENTIFY the present power OF the State
to qualify suffrage. AS far as this
discussion is concerned, article |.
: section and article ", section 4
: may be put to one side, though they
may suggest what the future shall
bring forth.
Amendment Is reads thus: "The
right of citizens Of the United States
: to vote shall not be denied or abrldg-
ed by the United States, or by any
State on account of race, color or
previous condition of servi,ude." II
is incorporated in our supreme law
) and there are few Intelligent white
men in the State of North Carolina
who have not taken an oath to sus-
tain it.
1. who are the citizens of the Uni
ted States OF the fifteenth amend
, mentq The fourteenth amendment
answers: "All persons born or nat
uralized in the United States-aud