The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-05-09
CONSTITUTIONALITY OF AMENDMENT
The AbIest Lawyer in Louisiana Gives His
Views on the Proposed Suffrage Law.
HE DECLARES IT IS PERFECTLY VALID

the Union. The sons or grandsOnS of ne
groes, who were allowed to vote in the
eight States named, on January ], 1867,
had the right to register under section
) of the suffrage scheme of the Louisi-
ana convention. Between 1868 and 1894.
not only was intermarriage between the
races lawful but all illegal marriages
| contracted between the races prior to
| 1868, were validated by legislation of
| that year Hence many children of
mixed race were entitled to register un-
| der section ). The acknowledged illegit-
| innate colored child of white father
| who was able to vote on January 1st,
| 1867 could also, in my opinion, have reg
| istered under the same section Hence
| the excepted class was not one SO con-
stituted as to admit all white men and
exclude all negroes but so as to admit
some white men, and to exclude some
negroes. ] may maintain as a matter
of fact, that quite a number of mulat
toes did register in this city under the
provisions of section (the grandfather
clause.) / always believed that it was
competent for State to prescribe quail
fications which would rule out the vast
mass of negroes, provided the ground
of exclusion was not one which necessa-
rily excluded all negroes. and | be-
lieve that the right of the State is still
stronger if class Of preferred voters
the large majority of which happens to
be white do not constitute the bulk of
the electorate. In this State there were
registered on January 1st, 1897, 164 900
white voters and $780, 900 colored voters.
The registration was at that date pro-
badly fuller and more accurate than it
had been for many years in this State.
because the State political campaign in
the spring Of 1896 had been more active.
and involved more of contest than had
existed in the State for many years. 1,
therefore. believe these figures to be as
accurate as any that could be found. OF
the white voters. 1873, 603 wrote their
names and 2S.311 made their marks. OF
the colored voters 33 3.S05 wrote their
names, and 9i,49S made their marks The
records, at the office of the Secretary of
State. will show that somewhat less than
sc, 800 voters availed themselves of the
rights accorded by section (the grand
father clause), Of the suffrage scheme
of the constitution. 1t is a we'll known
fact that not only in the country par
ishes, but in the city OF New Orleans,
many persons who did not need to avail
themselves of section ). did register un-
der its provisions in order TO set an
example to induce their illiterate neigh
bors to do SO. This was done for the
reason that the iliterates showed an
indispCsition to come forward and confess
the fact that they could not comply
with the general provisions of the consti
tuition. For this reason many leaders
came forward and registered. In some
parts Of the State this course was urged
by printed or written circulars or news
PAPER articles. 1t is impossible to get
statistics on this subject, but | feel GER
tain that the number of voters who avail
cd themselves of the provisions Of section
> (the grandfather clause), was below the
number of white voters who made their
marks when they registered prior to jan
uary 1st, 1897. or less than, say $4,000.
| believe that it is perfectly competent
for the State to confer suffrage as an hon
or upon select class in the community.
whatever the ground of the selection
may be, or to refrain from taking away
pre- existing right of suffrage from
like class because the prohibition of the
constitution is not against the granting
OF the right of suffrage but against
the deprivation Of that right J. there
fore, believe that it is competent for
"a
upon the right of suffrage which limita.
tions shall apply to all men, white and
black, and which limitations are not I'M
reasonable in themselves, to also consti-
tute special class to whom the right
of suffrage may be given. or in whose
favor pre-existing right may be reserv-
ed. whilst it is taken away from others.
Thus, [ do not doubt, howver. repugnant
ii AM |,
it is perfectly competent for the State
to provide that no man, whose ancestors
served IN the Revolutionary War. shall
ever be deprived of the right of suffrage;
that no man, whose father or grandfather
ever served in the Confederate Army,
shall be deprived of the right of suf
frage; that no man, whose father, or
grandfather ever served in the State
Legislature. shall ever be deprived of the
right of suffrage, etc 1t may well be,
that not single negro will be granted
| the benefit of this saving clause: but no
negro is deprived of the right of suffrage
| ny the saving clause. | do not think
| ihat the State stretches the principles
| ior Whlch / above contend to any very
| great extent, if she extends such right
only 10 the children and grandchildren
of those who were suffragans for so MANY
generations back that the. public con-
science revolts at the idea Of depriving
them. or their descendants of right
which is viewed by all Americans as
vested one, in practice. when it has
cnce been acquired. although VIC may
theorize and say that suffrage is a priv
ilegc. and not a right. ] can very well
understand that a point may be reached
where it will be difficult to say that
the State whilst apparently granting a
privilege to a special class, is not, in
reality, depriving another class of rights
Thus. if the right of suffrage should be
conferred upon all those whose ances-
tors, however remote were born in Eu-
rope, | admit that this would seem to
be merely another form of expression to
deprive all persons other than those OF
Caucasian blood or race, of the right