The evening times., 1900-02-06


the Senate today at the close Of the .ro.tfns
morning business. on the subjec, OF the
resolution introduced by Senator PrItch-
ard. relating to suffrage il North caro-
lima. Mr.. Butler spoke. in part as fol-
lows:
'Ar. President I have listened attea-
lively 10 the three speeches which have
been delivered in the Senate in opposition
10 this resolution ! have been surprised
that these Senators have devoted tbe ma
jor part Of their speeches not TO the legal
and constitutional Questions al Issue. but.
| instead, TO a discussion Of a question thst
is not II issue ana about which there is
no contentiOn-that Is. whether or not the
negro is as intelligent and as capable OF
self-goveTnment as The white man.
The Questions Involved.
II the proposition before the Senate was
a resolution for the repeal Of the Fifteenth
Amendment, then their speeches would
have been more TO the point. But tnat is
/ not the question raised by the resolution,
nor is il the question that coufrouJs the
people Of my State to be voted on az the
August election Of this yesF
The only questions at issue before the
Sen'-te and before the voters Of North Caro-
lima are the legal ones which would be con
| sidered by the Supreme Court II the pro-
posed suffrage amendment should come be-
fore il 60 be tested What are these legal
questions
First. Is section . OF the proposed
| amendment uncoHsututioaaI-in conflict
/ with the Fifteenth Amendment
/ Second II the supreme Court should
rau.a
/ would it also hold that Jhat the balance Of
the amendment (which makes a complete
| and constitutional scheme of limiting suf-
I fragel should stand AS a part OF the organic
I law Of the SJatec
! These are the questions I propose 10
/ discuss. II the law and The decisions Of our
/ supreme Court show that the answers TO
/ both Of these questions must be In the
I affirmative. I take IT, that then there would
not be a man in this body nor a voter in
| North Carolina who would dare support the
[ proposed amendment.
| Nov the question is. Is the section
| known as the grandfather clauseJ con-
sututiOnaI2 It provides that a citizen who
could vote on OF before January l. 1867. or
whose father or grandfathers were then
allowed 20 vote. shall be exempt from the
I provisions OF section and permitted %
I vote even though unable t0 read and write
I
1 uons required Of other voters. Now dos
[ this provision opera-e equally. impartiaIIy.
and uniformly upon both races and upou
I those formerly free or formerly b0udg u
I IL does not. then clearly 10 is unc0rstitu-
/ tioual-au must fsIL~
Legal Decisions Quoted.
( Nj Butler 90 This roiut quoted from.
number OF decisions of the United Supreme
Court, ard speeches Of noted legal
authorities, as proof of The uuconstitu-
tionality Of the "grauIla,hs- clause"
"Shoul9 the court hold. continued NJ.
/ Butler, that this section is u1coasti,u-
tiCual and that the remainder Of the
/ amendment-whieh is constitutional. and
which is q logical. complete. and coa=t.-r-
I tional scheme tor limiting sgnrles-shau
stand what viii be the r5suItc What
would be the effect Of the operation Of the
proposed North Carolina amendment with
section eliminated No one familiar with
the facts OF who viii take the trouble 10
examine the census reports wiH DENY that
the result viii be 20 disfranchise Hfty
, or sixty Thousand white vOJers-iudeed.
. as many white voters as colOred voters.
II regret 10 say ia, and would not ad-
ve-tise the fact IL the threatened danger
Cf disfrGuChisemenr of this large number
not demand it, that North Carolina has z
larger percentage Of iIliterate whites than
/ any other state I'm the Union. Therefore.
+ the adoption OF such a disfranch.sing
scheme would result iu disfrauchisinE
I more good substantial men in my state
/ than in any other State i'm the Union.
Z These illiterate white men are not like
/ the class Of illiterates who make up the
slums OF the great cities but they are. as
I a rule. sturdy and as worthy citizens as
/ North Carolina has within her borders
They are the descendants Of the Rcv0-
! lutionary patriots who fought at Kings
Mountain. Moores Creek Guilford Court
/ House. and on every field in the Bevolu-
zion Many Of them are old men and for
mer Confederate soldiers. who are now
100 old TO start to school and get an eud-
cation even If they had the time and mon
ey 20 DO so. Many Of this class volunteer
Cd and entered the United States Army in
the late war with Spain.
4 Danger Pointed Out.
These men who compose some OF the
/ very best and most substantial citizens OF
my State would be disfranchised while the
/ t0vn-uesro dude would vote and be eIigi-
BILE to hold Office according 10 the provIs-
/ ions Of the amendment This danger. in
addition to the beliei that the amendment
Z is. unconstitutional. will cause q large
I number OF the voters OF North Carolina TO
reject this amendment at the polls.
The supporters Of this amendment have
/ recently realized that this is true. In fact,
. they have just admitted that they cannot
sustain this measure in arguing before the
| people. 1 hold in my hand the proof Of
/ that confession. On last Thursday Judge
! Brown. one Of the State Circuit Court
] Judges Of North Carolina. while holding
court at Wilmington. gave 10 the press an
/ interview iu wEich he not only expressed
an opinion about the constitutionalitv OF
| The proposed amendment. but he went fur
| ther and advised his political friends to
, amend il IN order to avert defeat at the
! polls.
But Mr. President. this section at
tempting 20 instruct the court how 20 con-
strue the amendment viii not fool the
voters of the state into supporting such q
/ dangerous scheme. They have had intelli-
gence enough to see the danger in section
3. The same intelligence viii guard them
against this new device The voters OF
North Carolina are intelligent enough to
know that there is not only grave. II not
certain. danger TO 10000 white voters in
this amendment, but they also know that
If this amendment were adopted and sec
tiOn eliminated. no power under heaven
could restore to those voters their ballot
| except by again amending the cOnsutu-
/ tion
These 10000 iIliterate white voters are
/ Intelligent enough TO know that when once
/ disfranchised they would have no vete 20
: help change the amendment and help wipe
! out the wrong They know that the aver
! age polfffcian only fears the people so long