The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-01-28
JUDGE MERR|MON's GREAT SPEECH.
He Shows In An Unanswerable Way That
The Amendment Is Constitutional.
Baskerville Citizen.)

Baskerville CitiZen.)
Judge MerIimon, being introduced re-
ferred TO the many political quest ons
which would have to be settled this year
those of finance, the trusts, etc. How
ever, the speaker SAID, he would discuss
only one question, that of the constitu-
tional amendment. and would limit him
self to its legal phase. Continuing, he
said:
The chief if not the only issue, en-
crossing the attention OF the people OF the
State at this time is the proposed amend
ment to the constitution of the STATE III
relation TO suffrage and eligibility 10 Of
fee. The amendment has been published
in all the newspapers of the state, ana
the people. have become familiar with its
provisions.
It's adversa1ies base their opposition
upon the ground that it violates the four
teenth and fifteenth amendments to the
Constitution OF the United States and
present their objection to the public
with double aspect.
They insist in the first place, That 1t
is repug1lallt to the Constitution of the
United States for the reason that it dis
franchises the negro because he is a
negro. or, in the words of the fifteenth
amendment. ION account of race, color
or previous condition of seryitude,' but
not convinced that this point is well
taken, and still less satisfied that il
it was it would avail to defeat the adop-
ton of the amendment by the people.
they pretend 10 be greatly alarmed lest
the fifth section or Grandfather
Clause as it is styled, might be declared
unconstitutional and void. and the other
provisions left in full force and thus the
poor white men of the State be deprived
of the right to vote.
1t is Incumbent upon the friends of the
proposed amendment to satisfy the people
that If adopted, it will be valid part
OF the Fundamental law of the State
and not in conflict with any provision OF
the Constitution OF the United States. IL
the advocates of its adoption cannot do
this it would be best for the Legislature
when it meets, to repeal the net propos-
ing the amendment, and providing for us
submission to the people for their iop-
ton or rejection
Let us then consider dispassionately
the two objections urged, and see wheth-
or there be any merit in them or IN
either of them
AS stated in the outset the enemies of
the amendment present their objection to
its adoption with a double aspect. It will
therefore he best in discussing it to di-
vide the issue into two:
/. Will the proposed amendment. II
adopted, be repugnant to the Constltu-
ten of the United States?
. Ii not unconstitutional, as Whole,
will the fifth section violate the Constr
tuition of the United States?
1t has not been suggested that the Cen
eral Assembly in passing the act proposing
the amendment failed to comply with the
usual forms OF legislative procedure, nor
has any one; so far as l know, attempted
10 point to anything apparent upon the
face of the act or proposed alttndln'Hnt
that renders it obnoxious 70 any provls-
ion of the Constitution Of the United
States As is commonly understood. the
contention is that the necessary oHect
OF the amendment, If ratified, vii! be the
Acknowledgement of the negro. and. al
though there lis nothing i'll the lauSulSe
off the amendment TO show 1t. ytt never
1heless the courts willl hold that me
manifest purpose is to deny or ablilge
the Negroes right to vote. ION account OF
race color, or previous condition of servi-
tude," and that what is expressed is n
bald subterfuge-''a deluSion and
snare"
Is IT UNCONSTITUTIONAL?
As it lis my purpose to be as brief
as possible I will take up ut once the h.St
of the question for discussion:
Will the proposed amendment Il adopt
cd be rcpugnant to the Constitution or
the United States?
No one will contend that there is any
thing in the Constitution Of the United
States which forbds or prohibits State
from regulating the right TO vote III its
own way unless it he found III the NV
or XIV amendments to that Instrument.
AS was said in Civil Rights Cases.
100 T.. s., %, the NH amendment SIM
ply abolished slavery.
1t is important III the outset 20 get
clear understanding OF the ru:'.s i cen
str,lction to be applied 10 the aElclG.iAent,
and in order to do this we cannot do
better than TO resort to the highest all-
thorities upon questions of this character.
and in this country there il 10 highe
authority as text writer than Judge
Cooley and it will be conceded on all
hands that there can be no higher au-
tho1tty than the Supreme Court Of the
United States.
Judge Cooley speaking of the con-
str-lction OF 4 State constitution,
says: Nor is. it lightly to be infer
red that any portion of a written law