The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-01-28
Again he saws: 1T i an historical fact

Again he saws: 1T il an historical fact
of which the courts viii be compelled
to take judicial notice that in the year
1867 the coored people were not entitled
to vote 1t is true that they were nor
entitled to vote in North Carolina, but
il is not an historical fact that they
were not entitled 10 vote in any other
State in the Union. and the fifth section
excmpts from the educational quaiihca-
tions "all male persons who were on
January i, 1867, or at any time PRIOR
thereto entitled to vote under any of
the laws of any of the States of the
United States
PRlTCHARD CONTRADICTS HIM
SELF.
Again the Senator contradicts himself
emphatically when he admits in his
Statesylle speech that there are about
10000 negroes in North Carolina who
can read and write and who would be
entitled to vote in the event the pro-
posed amendment is adopted, provided
they can pay their poll tax on or before
the LIST day of March
The truth is the speech OF the Sena-
tor is an admission that if the proposed
ams nd7nent is construed according to the
stated there is nothing in ii that con-
flicts with the Nv or any other amend
ment or provision of the constitution.
Ills policy is to have the courts cOnstrue
ii according to historical facts, rs nc
contends these facts TO be, and not ac-
cording TO the uniform and immemorial
rules of construction. There can be no
doubt that il the Senator and those
who agree with him can prevail upon
the courts to hold an inquest over this
proposed amendment and call witnesses
and prove facts, and decide according To.
the facts they shall be able TO prove.
and without regard To the plain mean
ing of the language Of the amendment
itself, the amendment will be declared
70 be unconstitutional. But the courts
will never do anything OF the kind.
Look at the question from any stand
point you may, the conclusion is ineviA
table that the negroes right TO vote IS
not denied or abridged on account Of his
race. etc. but only because of the dis
qualifications enumerated in the several
sections Of the proposed amendment.
Under the fifth section the negro stands
precisely upon the same footing that
every other man stands who was not
a citizen of the United States on the list
OF January. 1867. He was not a citi
zen at that time and was not citizen
until he was made such by the NV
amendment Why section five should
be held TO discriminate against him and
not against the thousands OF others in
this State who We're not entitled to vote
and whose ancestors were not entitled
to vote on the LIST Of january, 1867, 1t
is impossible TO see.
The opponents Of the amendment had
Just as we'll say at once, for their whole
argument comes 10 that ut last, that
when the courts get hold Of this cues
ton, and especially the courts in whose
hands they propose 10 place it, they de-
eide that the fifth section affords proof
positive that the preceding sections, pre-
scribing qualifications, were fraud.
There is no other way for them to get
along.
In the case of Williams VS.. Mississ-
ippi, ITO L. S., 213, a question like the
present one was before the Supreme
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