The Caucasian. (Clinton, N.C.) 188?-1913, 1900-01-18
Section 5 in Conflict with the
Federal Constitution
ACCORDING 70 RULES GOVERNING
COURTS IN REACHING comclu-
SlOkS.

Sl0NS.
Constitutionality Analysed and AM
swered-The Proposed Amend
meat not Candid and Honest.
Editor of the Register
"Written constitutions are the pro-
duct of deliberate thought and the
words which express that thought are
rSstalized into strength. II ever
there is power in words, it is in the
words Of q written constitution
Judge Elliott, of Indiana.
ALI regulations of the elective fran
chise, however, must be reasonable,
uniform and impartial. They must
not have for their purpose, directly or
indirectly, to deny or abridge the Con-
stitutional right of citizens to vote or
unnecessarily impede its exercise. II
| they do they must be declared void.'-
Cooley Constitutional Limitations, 500.
The proposition laid down in my
first article Ito the Post) was this:
When a general law is enacted,
which in restricting the suffrage,
acts equally upon all races and
colors and regardless Of their pre-
vious condition, that law is consti-
tutional, though it disfranchises a
greater number Of blacks than
whites, or whites than blacks.
This principle, however, does not
extend so far as to permit the
State to establish a merely arbi-
trary qualification, though it does
not in terms import a discrimina-
ton by reason of race etc., if in fact
and in truth it is such discrimina-
ton. So much the more would
this be true, if the proposed quail
fication was adopted with the in
tent to discriminate, by reason OF
race, etc.
proceeded further and argued
that the intent of Section 5, on it's
face perfectly harmless, is to be,
and will be, discovered by the Su-
preme court, in this way:
| LIST. By considering the political
history of the country which sur
rounds and is mingled with. the
Fifteenth Amendment and Sec. 5.
End. By considering the effect OF
the adoption of said Section, upon
that equality in the exercise of the
suffrage which the Fifteenth Amend
ment secures.
: Applying these rules of construc
tion and Interpretation, 1 conclud
ed that Section 5 was plainly OBJ
J noxious of the Fifteenth Amend.
, ment, because it's necessary effec1
was to establish an educationa
qualification for every former slave
or decendent of a former slave
: while expressly removing it from
r all, or practically all, white men.
t Since that article was published
the editor of the Morning Post, Mr.
Simmons and Mr.. Aycock have dis
cussed the constitutionality of Sec
t ton so ably and ingeniously tha
3 they have forced me to re- examine
, the authorities, with view to any
possible mistake that may hav,
made. After such REORGANIZATION
I find myself confirmed in my orig
2 inal opinion. This opinion, how
! ever, was formed at the time, tina
Louisiana was discussing a simu-
lar provision in it's Constitution
and have not seen nor read no
found anything to shake it, since.
1t seems to be admitted on al
hands that if the above canons O
construction and Interpretation ar,
). correct ones, then Section neces
sarily must be unconstitutional
for they are the principal points O
attack.
l purpose to show, first: Tha
!, they are sustained by the very bes
= of authority; and, second: To con
: slider any new suggestions made b,
+ the gentlemen above mentioned
! and show their utter fallacy.
Mr.. Simmons says, anent the frs
canon above laid down: swell, TO
the sake of the argument, let US ADM
q it; although it must be confessed tina
: this would be novel method of inter
!. pretiDg a written constitution"
g A novel method! Let us see.
!. Chief Justice Marshall, in Brow
VS.. Maryland, II Wheat, gives
( succinct,' yet full account of tn
d difficulties that confronted the ole
j. Confederation, to illustrate the ex
e tent and force of the words in tn
d Interstate and Foreign Commerc
+ provision of the Federal Constitu
g tion Chief Justice fancy, in tn
bred Scott case, says, in discussin,
Art. Sec. 3 and sub-sec. Q: q quot
x his exact words)"A brief summar,
of the history of the times, as wei
as the careful and measured term
= in which the article is framed, wei
n shows the correctness of this prop
osition."
He then proceeds and gives thi
- summary.
Daniel j., in the same case, cor
II curing, says:
"In the construction of pleading
either in abatement or in bar, ever
= fact or position constituting q porto
II of the public law, or of known or gen
If sral history, is necessarily implied
~ 1t is what the world, at large, an
~ every individual, are presumed t
y knOw-nay, are bound to know and b
n governed by"
J. Campbell, j., concurring in the sam
e case, said: II pass now to the evi