The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-02-11

ever since the races came upon the globe.
sIf my friend has found that part of his
speech, will be glad to get it.
Mr.. Pritchard. DO you desire me to
read it?
Mr.. Money. If you please.
Mr. Pritchard. / will read what /
said:
1t is also contended by some that the
proposed amendment contains identically
the same provisions that are to be found
in the amendment to the constitution of
the State Of Massachusetts.
1t is unfair 10 attempt compa1ison
between North Carolina and Massach1-
sets. when it is we'll known that Massa-
chusetts has all the while had the best
public school system of any State in the
Union---
Mr.. Money. | do not think that is the
part OF my friends speech? ] want him
to turn to the part where he spoke of the
Confederate soldier.
Mr.. pritchard. am coming to that in
moment.
while ours has been weak and INSULT
cient. At the close of the late Civil War
the soldier from the State of Massachll-
sets returned to 4 home of peace and
plenty
Mr.. Money. That is it.
Mr.. Pritchard:
where his children had enjoyed uninter-
ruptedly the benefits OF the public school
while on the other hand. the Confeder-
ate soldier returned to Il home of desola-
ton and ruin. TO find that his children
had been denied the privilege that had
been enioyed by the children OF Massa-
cllusetts.
Is that sufficient?
Mr.. Money Yes, sir: that is sufficient
Mr. President. that does not. | think,
show that the children of the Confede1-
ate soldier are to be excluded from the
franchise.
1t Is now proposed
by the leaders of the Democratic party
that his children and their descendants
Speaking of the Confederate soldier
shall be denied the right of suffrage be-
cause of their inability to read and write
the Constitution in the English language,
Mr.. Pritchard. Yes. sir
Mr.. Money. That is correctly report
ed?
Mr.. Pritchard Yes. sir; that is cor
rectly reported.
Mr.. Money. Does not the Senator
know that these very children of the Con
federate soldiers are entitled to vote be-
cause they are the descendants of people
who voted either in 1867 or prior there
to?
Mr.. pritchard. The Senator from
Mississippi asks me a question. Will nc
permit me to answer it!
Mr.. Money. Certainly. That is what
I asked you for
Mr.. P1.itchard That would certainly
be so if the Supreme Court should decide
that section ) is constitutional. But il
the Supreme Court should decide
that section : IS unconstitutional. as
am satisfied it will. in that event the
white people would he required to under
go this educational test as well as thu
colored people I'm other words, / do no.
believe that any State legislature has tn
power to confer the right TO vote by in
heritance on any class of people residing
therein.
Mr.. Davis And deny it to another.
Mr.. Pritchard And deny it to anothe'
class Of people who are similarly situa
ted. In the event they should decide thar
to be the law fand they have already de
cided that 10 be the law in every cas-
that has ever been considered. as far q
l am informetD the white people of North
Carolina will be compelled to stand the
same test that is required Of the colore,
people.
Mr.. Money / showed awhile ago from
the decision | quoted. and some which
desired to read Il could not find, tina
when this scheme of franchise s,ibmitte'
by the Legislature was passed upon i
would all stand or all fall together.
do not believe that there is 4 REASONABLE,
doubt of that fact. / read from Soma
decisions that I had in my hand then
and there are others concurring, which
/ cannot now find.
Mr.. Pritchard. / will gladly assist tn
Senator in any way, if there is any boOl
| can turn TO for him.
Mr.. Money If could see it I would
be very glad.
Mr.. Pritchard. If I knew what tn
Senator wanted. would take grea'
pleasure in helping him.
COOLEY QUOTED.
Mr.. Money. Here is Cooley's Consti .
tutional Limitations. very good author.
ity; everybody so considers. Here is whal
Cooley says:
Where. therefore, a part of a statute
is unconstitutional that fact does not
authorize the courts to declare the I've.
mainder void Also unless all the provis
ions are connected in subject matter, de
pending on each other. operating togeth
er for the same purpose, or otherwis,
so connected together in meaning that il
can not be presumed the Legislator.
would have passed the one without th
other
That is Cooley on limitation of power
who has used in this matter the yer,
language of the decision in the case o
Commonwealth VS.. Hitchings, decided il
5 Gray, the Supreme Court of the Stat
Of Massachusetts. Judge Cooley goes Oh
to say:
The constitutional and unconStitutionaN
provisions may even be contained in tht
same section and yet be perfectly ddstinc-
and separable, so that the first may stan(
though the last fall. The point is no.
whether they are contained in the SAM
section. for the Distribution into sections
$ purely artificial. but whether they are |
essentially and inseparably connected IL |
substance. If, when the constitutional
portion is stricken out. that which re-
mains is complete in itself and capable |
lf hain,r aya cd ~, orJn xvitb 1