The Caucasian. (Clinton, N.C.) 188?-1913, 1900-01-25

and change of the personnel of the
court. But all this was to a great
degree settled by the war, when the
federal idea triumphed and the
United States was made a nation
by the thirteenth, fourteenth and
fifteenth amendmen
There is a wide difference between
the license cases in 5 Howard and
the two cases, Robbins VS. Taxing
District the drummers easel and
Leisy VS.. Hardin, (the original
packing case), yet these latter ca
Ses were not decided at the dicta-
ton of any public sentiment, how
ever wise or just or conservative
that public sentiment may have
been for the foundation principles
of those decisions were enunciated
long ago by Judge Marshall in
Brown VS.. Marylaad.
Taking the most recent cases, the
income tax cases, as an illustra-
tiOn, believe the income tax idea
to be founded upon a wise, Just and
conservative public sentiment; vet
the court, disregarding the public
sentiment, through it's chief Justice,
himself, Democrat, dec AIRED it un-
constitutional, and thus almost
hopelessly crippled the Democratic
party. l might go on indefinitely,
but this is sufficient.
Public sentiment is constantly
shifting. 1t is as unstaple as the
sea. What is to it now wise, jnst
and conservative may not have
been so ten years in the past, or
may not be SO ten years in the fu-
ture. Besides there is no fixed stand
ard by which you can judge of the
justice, wisdom or conservatism Of
this public sentiment. To one man,
it may have all these excellent
qualities, to another it may be to-
ia ly devoid of them So the court
that would be influenced by it
would be like ship at sea. with
out rudder or compass, carried hith-
er and thither by every wind that
blows. And the Supreme Court Of
the United States is not that court
"Why did you not tell Judge
Marshall that the people of Amer
lea demanded a convictionP" was
asked of Mr.. Whit after Burr's trial
'Tell him that" was the reply.
81 should as soon have gone to
Herschell and told him that the
people of America insisted that the
moon had hornes as a reason WHY
he should draw her with them.m
Ant the only public sentiment to
which that court pays any heed is
that which has been expressed 10
the way and by the means which
the constitution itself has provf-
ded.
The public sentiment of the times
was crystalized into the fifteenth
amendment, and the court is bound
In law and in conscience to enforce
that amendment until public SEN
tlmentiment intervenes agai n
through constitutional channels
and repeats it. And Mr.. Thorn
himself, in the address, cited THE
Inevitable REIMBURSEMENT of the
Law" reaches the same conclusion.
says he: THE great wrong was done
whenthe 10Th amendment was adop
ted. The only remedy is it's uncon-
ditional repeal"
Though constitutional law is not
an exact science, it is a set of gen.
eral principles which in the appli-
cation make the dead words of the
constitution living power. Judge
Z. forgets this when he attempts to
but the fifteenth amendment back
into the archives of the past with
the mouldy remains of the public
sentiment which brought about it's
The Supreme court, in both the
South Carolina and Mississippi ca
SEES, has definitely and distinctly
laid down this principle. A suffrage
qualification to be in accord with
the fifteenth amendment MUST OP-
EQUALLY, IMPARTIALLY AND
UNIFORMLY UPON BOTH RACES AND
UPON THOSE FORMERLY FREE OR
BOND.
Now section 5, by a purely arbi-|
trary provision, removes the edu-
cational qualification from the prac-
tically all white men, but leaves it
in full force upon all ex-slaves or
descendants of slaves.
Does that look like uniformity
of oppression
Why, they admit that it is not.
Not a speech, not an article have l
read (and / expect that I have read
about all Of them) that does not
glory in that fact, and assert that
the uneducated white man should
vote because the ballot is his birth
right, while to the negro, first
barbarian, then a slave, it was a
harsh and cruel gift. They then 90
On with confusion of ideas, or a
calm assurance, most remarkable,
and argue that section is cOnsti-
tutional, because the negro is dis
franchised not On account of his
race and previous condition but be-
cause he is unfit to vote, forgetting
that the fifteenth amendment has
impressed its imprimature of fit
ness upon him, after he had been
both barbarian and a slave, and
'o cASJ oiO OAplSSSIy OIDiuuc0
therein to make classes, whose di-I
viding line are racial. characters
tics or which confers greater privi-
[eges upon those formerly free than
upon those formerly bond.
You cannot enlarge the suffrage
privilege Of the white race alone
denying or abridging the
suffrage right of the black race.
All these gentlemen, including
Mr.. f. j. Justice, mistake the uni
'ormity required by the federal con-
stitution, and that is the funda-
mental error of their arguments.
If every white man in the State
Il years of age could read and write
md no negro 81 years of age could,
believe that an educational quail
fication would be constitutional,
5hough it disfranchises every ne
gro and no white man, for it would
operate uniformly and would tend
y, l. IL