The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-02-11
Mr.. MONEYS GREAT SPEECH.
The Mississippi Senator's Unanswerable Ar
gument in Favor Of Restricting
Negro Suffrage.


why this matter has been brought here.
There is no question but that the Senate
can consider any question which it con-
siders important or unimportant. 1t can
range from the transit of Venus down
to the price of putty, and exhaust its
mind upon any question which any gen
tleman may. propose. But this case is Il
serious one, and perhaps the Senator was
perfectly Unsuitable in bringing it to our
attention. If, however. there was deslr-
ed judicial ascertainment Of the con-
stitutionality of this proposed amend
ment, a case could easily have been made
up for the courts on the constitution of
the State of louisiana, of which this pro-
posed amendment is copy.
But it does not seem so much deslra-
bic to have a judicial decision rs it is to
have legislative opinion upon this mat
ter; and it seems ITO me- Mr. President,
that the speech of the Senator from North
Carolina. together with the amendment.
was very much like the newspaper and
committee declarations he read on Mon
day last--mere campaign documents. In
ether words, it seems to me that the Sen
ator draws upon the Senate of the United
States for an auxiliary in a discussion
Ii he can secure an expression from this
body that the proposed amendment is
unconstitutional, he readily perceives, as
you will, that it will exercise an intim'dat-
ing and deterrent effect upon the voters
OF North Carolina favoring the amend
mept. In any State Of the Union that
would be the necessary result. Many
voters win decide at once that whatever
81 10, lnux- Ia uo. 81
must be so, and they will not desire III
casting their ballots TO go against that
opinion. They are unwilling to wait for
judicial decision upon it.
THE MISSISSIPPI CASE.
In the first place, Mr.. President, as to
the State OF Mississippi, l want to refer
10 the same authority which was used
on Monday by my friend from North
Carolina; and desire to say that l shall
cite no other authorities except those
which he himself has used. Ii they can
be construed to support his position in
this matter, then l will yield the case;
but l shall contend that every decision
he has quoted here goes against him i'll
the construction that he desires TO put
upon it. The case Of Williams was de-
cided in the State of Mississippi, and the
Senator gave his construction of the de-
cision Of the court.
/ can not see we'll enough to find what
| want, but, in brief the case was this:
Williams took an appeal from the circuit
court Of Washington county upon a
charge Of murder, the ground being that
the jury was drawn from the electors Of
county who We're Disseminated against
IN manner obnoxious to the fifteenth
amendment to the Constitution of the
United States. The Supreme court OF
the State of Mississippi delivered very
able opinion upon that subject, and that
opinion was affirmed by the Supreme
Court of the United States, Judge Nc
kenna delivering the opinion. IN that
case it was said that there was nothing
in the Constitution of Mississippi IN any
way obnoxious TO the fourteenth and tif-
teenth amendments. That is the sub
stance of that decision. l am unable
10 find the place, although I have the
book here before me.
PRITCHARD'S OMISSION.
Before ] proceed further, Mr.. Presi-
dent, call the attention of the Senate
TO the fact that the speech made by the
honorable Senator from North Carolina
ON Monday last was not based upon the
proposed amendment to the constitution
IN Its words; but was based upon what he
prints in his speech as the constitutional
amendment, which differs from 1t in va
rious points. In other words, the Senator
omits from the fourth section words
which are vital to its meaning and makes
his argument upon that. Upon hiatus.
created by himself, he POUNDS the su-
rNor Of A
part OF his argument is founded upon a
word interpolated by himself in a decision
quoted by him. l shall ask the Secretary
North Carolina of last year the proposed
Let the Secretary begi
reading at section 5.
The Secretary read as follows: I
Section 5. No male person who was OF
january /, 1861 or at any time prio
thereto. entitled to vote under the laws q
any State in the United States whereas
he then resided, and no Ineal descendant
Of any such person, shall be denied tn
right to register and vote at any electio 81
In this State by reason of his failure t
possess the educational QUALIFICATIONS pre-
serfbed in section of this article: Pro
vided, He shall have registered in accord
to December 1, 1908.
Mr.. Money. Mr.. President, that is no
the language upon which the Senate
from North Carolina, on Monday last
predicated his speech. In other words
what he prints in his speech as copy o Il
The law is not a true copy. He oInitS tht
words 'or at any time prior thereto ano |
the absence of those words is the rea 1
foundation of the argument made by the
Senator on Monday last.
Mr.. Pritchard. VIII the Senator allow |
ne?
The Presiding Officer. Does the Sena-
or from Mississippi yield?
Mr.. Money. Certainly.
Mr.. Pritchard. The proposed amend
nent which 4 quoted in my speech is tax
II from a certified copy, which was sent
o me by the Secretary of State of Nortl.
tarolina. 1T was certainly not intention
on my part to leave out anything which,
occurred in the amendment, and l have
Tot done so as | understand it.
Mr.. Money. / accept that explanation
n the part of the Senator
Mr.. Pritchard. I did not base my argu-
nent ON any such ground
Mr.. Money. l think | will show that
on did.