The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-01-24

1919 iAAi<Ohl VI 'yA<.'~N.A
FROM NORTH CAROLINA IL
WOULD. UNLESS a NEGRO WAS
GIVEN THE SAME DISTINCTION.
SOME NEGRO GENERAL. OF MILL
TIA OF THE RECONSTRUCTION
ERA WOULD HAVE TO BE THUS
HONORED. OR THE LAW WOULD
BE A VIOLATION OF THE FOUR
TEENTlH AND FIFTEENTH
AMENDMENT. TO THE CONSTI-
TUITION OF THE UNIFIED STATES.
THE 18TH AMENDMENT NEVER
INTENDED TO PLACE THE
NEGRO on A PERFECT PLANE or
EQUALITY WITH THE WHITE
MAN. so AS TO DENY PRINII-
EGGS TO THE LATTER WITHOUT
GIVING THE SAME TO THE FOR
MER. TT MEANS ONLY THAT THE
RIGHT TO VOTD SHALL NOT BE
DENIED Or ABRIDGED BECAUSE
OF HIS RACE. COLOR, OIL. PRE-
NlOUS CONDITION.
In our Democratic government tho ma
T, lority rules This is not tyranny. There
is no power 30 devoid of tyranny as the
political majority. &s.All tyranny has
sprung from the minority acting beyond
and outside of the law. 1t has been said
that 300 persons inaugurated the reign Of
terror in France. \ few carpetbagSers
controlling the negroes inauguratCd Il
reign Of terror in the South. In Louis
lana. after the disappearance of the carr
petbag negro government. one man COIL
| trolling sometimes 100 negro voters eX-
| ercised Il dangerous power. He overthrow
| the will of voters who lived in aneth.g
section Of the State where no such pew
or was attainable. because CT the a5Sehcs
of the negro from those sections. WIN
| the mass of the negroes as voters tiere
| was no political majority in Louisianl.
| A minority necessarily governed becanse
| of the preponderance OF the negro pcIt-
| lation and the ability to absolutely con
| troll ii 10y one CIR more persons The ren-
| cdy is a principle of representation M
volying the right of all as against the
arbitrary rule of q few controlling IN
impersonal mass of voters.
WE'LL BEING OF THE WHOLE.
In the constitution OF 1898 for arbitra-
nv action of an individual or class there
has been substituted the well-being a. the
whole against the design of a few. There
may he 10 the unthinking ar apparent
wrong in the inclusion of one class OF
voters into the electorate. but this inciu-
sion was of a class who have freedom OF
WILL independence and capacity for post
cal acton. The inclusion of the negro.
as have described his incapacity for the
suffrage would have been q greater
wrong and detriment TO the whole cleo
torate. The State of louisiana was COM
PEELED to change this condition III its poll
| teal affairs so as to avert grave disaster
| in the paralysis of power and VIII ana
| TO give strength and energy and power
and authority to the government. 1t was
| compelled TO look among its citizens for
higher personality in order to bestow
| electoral power upon them. 1t had the.
sole and exclusive right TO do this us
| Judgment can not be questioned unless
you find that for arbitrary reasons the
negro was excluded from the electorate
simply because he was negro.
A JUDICIAL QUESTION.
The question raised in the resolution Of
fered by the Senator from North Caro-
lima is a judicial one. Congress has the
power. but it has not the right to declare
any law or constitutional provision OF
State unconstitutional. Under the Constr
tuition of the United States this IS the
exclusive prerogatiye of the judiciary
liz the resolution should pass, 1t would be
meaningless in the face of decree OF
the Supreme Court of the United States
declaring such a provision III the cCnstl-
| tuition of State constitutions. not ieillg
| i'm violation of the fourteenth and fif-
teenth amendments. Congress can pass
| no law coercing a State. If, under the
| guaranty of republicans form of gov
| cr.lment to the States. any State should
| organize Il government not republican,
but hostile To that of the United States,
then the State would be virtually placing
| itself outside of the Union, and Con-
| gress. by the military power of. the Gov
| ernment. if necessary, would undoubtedly
| have the right TO rehabihtate the State
| and organize government republican III
| form.
| CONGRESS CANNOT SETTLE If.
| Put because a law or an article in the
constitution of q State is invalid, because
| Of it's conflict with the Constitution of the
! United States gives Congress no right or
/ authority to declare the law or the a.
| Gle in the constitution null and void. Ii
| would be the lisllrpation OF judicial au-
tho1-ity and in itself unconstitutional
| Suppose the judicial department sloliid
| decree that the article in the constitution
Of the State is null and void. The eHecr
/ of the decree would be to reiTStat" tue
/ suffrage as it was before the constitution
| was adopted Then. if negro shon I DE
1 denied the right to vote--the exercise oil
| the act of yoting-because OF ms facc.
/ color. or previous condition. the hiteel'h
/ amendment would be violated, anu the
individual or person preventing the ACT
i Of voting would be liable to he prosecuted
| under any law of Congress enacted 10
carry out the provisions of said anNld-
1 ment.
/ In my opinion Congress can only enact
law to act upon the person or pers9Ls
1 who deny or abridge the right to eyer-
i else the act of voting CIR account OF race.
j color. or previous condition. 1T can not
| punish the State 1t can not deprive tho
| State of any of its constitutional rights.
/ It's laws must be respected until they are
/ declared unconstitutional by the judiciary
| department. of the Government.
! The meaner the man the more uii-
willing he is to assume small obilga-
ton.
Il