The Caucasian. (Clinton, N.C.) 188?-1913, 1900-03-15

REPLY TO SENATOR M'ENERY.
The SCGatCr from Louisiana (Mr.
McEneryl lIsed ais whole contention,
as | understood him, upon the claim
that section > did not discriminate
against formtt slaves because ii did
not exclude them suffrage; but, on the
other hand, iAcluded anC her class who
had nee been in sery.tude. His CON
tention. If | understood him. was that
section 4, limiting to an educational
qualification and applying it TO all
races alike, was, OF course. constitu-
tional (Which everybody admitsl, but
that when section , comes along and
Confels still wider suffrage on Il
certain class none Of whom were
slaves, that this inclusion, not being
exclusion, is not in violation OF the fif-
teenth amendment. | have heard one
y two other persons make the same
tgument: not in this body, however
Ne. A. President, with all due respect TO
- Senator, Candor forces me to say
14k thinner and more transparent
<erfuge, q weaker and more untena-
argument, was never advanced by
10y lawyer in the court house, even
IN the mos desperate case to de-
Ad. take it that the distinguished
11atcr would not have the courage to
oriou3ly make that argument before
ates.
BuS the Senator cites an authority
n1ch he claims supports that position.
M IS as follows: McI'lerson VS.. Black
Ier clio U. s., page u. He quotes the
bllowing:
the right to vote Intended to be pro-
6Hed refers to the right to vote as
fhblished by the laws and constitu-
1n OF the State. There is no color for
I.IIe contention that, under the amend
N(cnt, every male fnhabitant of the
mac, being a citizen OF tho United
Xates, has. from the time Of mis- ma
pKrlty, right to vote for Presidential
8tectors.
.lNHe quotes next from The State VS.
Auikshank ct al, (92 U. S. Reports
hge 542) as follows:
From this it appears that the right
IWI suffrage is not a necessary attri-
hte of national citizenship: but that
y
lllErcise of that right on account OF
lrNce. etc, is; but it must be expressly
Ulf1 sed.
NFMPc only point that | could see that
WI PUB attempted to make by this citation
M IS thae he repeated the words "ex.
rltkrssIy avcrred.'
NlBut, Mr.. President, the Senator
Svn authority contains sufficient Ian
sAI
with which TO ajnSwe- his con
Pntion. Is not the inclusion of a clas
ITO certain privileges which are de-
led to another class as much q dis
as the direct exclusion OF
Nbe said class? When there is dis.
in favor of one class ther,
necessarily at the same time a dis
Illumination against another class; anG
not this discrimination expressly
yerred' in section 5? The authority
N e cites is an authority against his
IN entention.
shI or course the Federal government
"a llB6s not confer the right to vote or
The States confer that right;
N lut the fifteenth amendment says tha
VI then State proceeds to confer tina
Wight upCin its citizens II shall no
!. Rbrtdge the suffrage rights of those
IA tho have been in slavery. Abridge
W1ent there can mean but one thing
IV4d that is that the States shall nc
M MMnfer less suffrage privileges upon tn,
NJ NJ lass of former slaves than upon IL,
|NIfher citizens. But if there was any
YEJubt about this question, the Suprem,
WXourt, in one terse sentence, interpret
Mag the fifteenth amendment, in tht
IWNIse of the Urited States vs.. Reese. ha.
fliYettled IL. That sentence is as fol
lE1ws:
Hfl II citizens OF one race having Ger
Y k in qualifications are permitted b.
.AA to vote, those OF another havin!
1 anne qualifications must be.
. Us We see that it makes no differ
YMH whether the discrimination Is b.
VIII letting directly the suffrage priv
of another former slave or indi
" by enlarging to the forme
Il Vee: yet it is an abridgement within
Il meaning of the fifteenth amend
t. Can anything be clearer?
~ that does not put beyond all ques
M the unconstitutionality Of sectioi
- en- nothing can (for those who sti
MSU )t) except To have the court to ca
E6" section by name and apply tn
-pet words to it.
n 4. Mr.. President, | do not conside
ENR ,7cessary to analyze the argument {
HM fS, lator from Louisiana, even IL
stronger than it is, because tn
|fvI tie will remember that while tn
= tor was delivering the speech ir
M pied him and read the followin
from the New Orleans Time:
ocrat OF Friday March is, 1898,
- ,tcr strongly expresse