The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-10-31


was relied on yesterday by both the
prosecution and the defense. 1t is a
Kentucky case, and in it, as in the
Johnston county cases, the Indictment
is for violation of sections 550T and
55OS of the Revised Statutes of the
United States. The two cases (the Ev-
ans Case and the Johnston county
case) are in every respect exactly alike,
except that in the Evans Case all the
aggrieved persons are men of color, of
the African race, and the wrongs
committed are charged to have been
committed on account of that fact.
The prosecution relied entirely on
fhis case, laying special stress on that
portion of it which says that sections
5507 and sos, which were enacted as
a part of the legislation for the en-
forcement of the Fifteenth amend
ment, are not limited to elections for
Representatives in Congress, but ap-
ply equally to all elections, whether
national, State or municipal" Quoting
further, Mr.. Spears read:
1T applies to the election franchise
the right to vote,-whenever, wherever,
and however exercised by the people"
Immediately Mr.. Spears laid down
the book from which he was reading,
Mr.. Pou, for the defence, took it up,
saying:
1--WE will rely on the gentleman's
own case, and on that alone we are
content to take our chances before the
court
Mr.. Pou explained that in the Evans
Case" the complainants were negroes,
and that the decision expressly held,
as had all Federal decisions for the
last thirtv-ive years, that the FIT
teenth amendment extended its pro-
lection only to the colored race. He
read:
ut must be admitted that this Tiff
teenth] amendment is. and was intended
to be the GREAT CHARTER OF THE
NEGRO'S RIGHT TO VOTE. 1t is the
fountain source from whence alone it
sprung"
But Congress, under the Fifteenth
amendment may also legislate to enforce
and protect the rights given by that
amendment in which event the legislation
may apply to any occasion when the act
is committed by which the right to vote
is denied or abridged ON ACCOUNT OF
RACE, COLOR OR PREVIOUS CONDI-
TION OF SERVITUDE. Overlooking this
distinction will lead to some confusion in
endeavoring to apply the decisions of this
court"
1.-The Fifteenth amendment, WITHIN
THE SCOPE OF ITS PURPOSE. is as
wide as the right to vote itself. 1t ex-
pressly and unequivocally prohibits the
denial or the abridgment of the right to
vote at any election whatever-national
State or municipal-ON ACCOUNT OF
RACE, COLOR, OR PREVIOUS CONDI-
TION OF SERVITUDE. s. WITH
IN THE LIMITATIONS SPECIFIED, it
applies to the election franchise,-th
right to vote,-whenever, wherever, and
however exercised by the people,.
I'VE have already noticed generally the
language of the statutes under which
these indictments were found, and have
pointed out the intention thereby at least
to attempt to guard the rights of A GER
TAIN CLASS OF CITIZENS to vote with
out being Disseminated against ON AC
COUNT OF RACE, COLOR, ETC."
After reading from these decisions, Col.
Argo moved to dismiss the cose on the
ground that the bill of indictment did
not describe criminal offence known to
any valid and constitutional law Of the
United States, in that it did not show
that conspiracy was entered into to de-
prive the compliments of their right to
vote, by reason of their race, color or
previous condition of servitude.
1t was this motion that the commits
sioners took under consideration, and
pending its decision adjourned further
hearing of the case till November 8th.
1T has not been contended. nor can it
be, that the amendment confers authority
to impose penalties for every wrongful re-
fusal to receive the vote of a qualified
elector at State elections. 1t is only
when the wrongful refusal at such an
election is BECAUSE. OF RACE, COLOR
OR PREVIOUS CONDITION OF SERVI-
tube that Congress can interfere and
provide for it's punishment"
1--WE cannot doubt that the use of the
words to whom the right of suffrage is
guaranteed by the Fifteenth amendment
in section 5507, shows conclusively that
the sole intention of Congress was to en-
force and protect the RIGHT OF THE
COLORED MAN TO VOTE, and clearly
LIMITS THE LEGISLATION to that le-
climate and constitutional end In
short it seems to us that the general
conclusions to be drawn from the au-
thorities are: /. That the Fifteenth
amendment was meant to guarantee and
secure TO THE NEGRO. AS SUCH. the
same right to vote that the white man.
as such, has: (2) that Congress has the
power, by legislation, to enforce and pro-
tect that right
Col. Argo read a number of other
Federal authorities to the same effect.
Among them: Logan Case, IA, U. S.,
1858; Reese Case, 90 L. S., 21S; Cruik-
shank Case, 25 Fed. Case. 713: Yarbo-
rough Case, 10, Z. S., 657, and others.
After reading from these decisions,
Col. Argo moved to dismiss the case
on the ground that the bill of indict-
ment did not describe a criminal Of
fence known to any valid and consti-
tutional law of the United States. in
that it did not show that a conspiracy
was entered into to deprive the com
plainants of their right to vote. by
reason of their race, color or previous
condition of servitude.
1t was this motion that the Com