The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-07-27
he motive, is to disfranchise the ne

ascertaining the meaning and effect of
any law drawn in question.
Cooley on constitutional limitations,
pages 1S6, 1871.
THE failure to realize adequately
this doctrine Of the courts sometimes
into error, but 1t is never, so far as
I know, deregarded by the eminent
men who sit in judgment upon the
bench Of the supreme court Of the
United States.
Every one knows that the purpose
OF the constitution makers Of Missis-
sippi was to restrict as far as possible
the elective franchise in the hands of
the negro, and when he validity Of
that constitution was challenged In
the supreme court Of the United States,
in the cas- of Williams vs. Mississip-
pi, 40 U. s., 213, counsel pressed this
point with much earnestness, but the
argument was unanimously declared
to be invalid by that great tribunal"
No law can be made to be u%nconsti-
tutional hat does not violate the con-
stitution. When that great instrument
declares that, 1.-The right of citizens of
the United States to vote shall not be
denied or abridged by he United
States or by any state on account Of
race, color or previous condition of SER
vitude," it does not intend by any pos
sibility Of construction or interpreta-
ton to say no educational or property
test shall be made by any state. 1t is
known that northern states have re-
stricted the ballot. We think at least
three New England states have hedged
about the ballot with certain tests, ed
ucational and property. The North
Carolina amendment does not set aside
or invade h causes given above in
behalf Of h negroes, for it certainly
does not discriminate against them be-
cause of their ace or skin or condition
of S~ervitude. 1t is a simple question
of paying the poll tax, not being GRIM
inals and being able to read and write.
Only that and nothing more.
Mr.. Rountree gave the election law
of h richest and most advanced state
in education in proportion to popula-
tion-Massachusetts. 1t is a law that
has stood the fire, will defy the COM
bined batteries (pop-guns) of Pritch-
ard, Butler, Cy. Thompson and the
other tremendous legal a~rtillerists of
the hungry, out-at-the-elbow gang Of
perennial office-seekers. We give it
because of its Importance. Read and
see how certain people are limited or
"interfered with" up there:
Section 1. Every male citizen Of
twenty-one years of age or upward not
being a pauper or person under guard
ianship, who is able to read the consti-
tuition of the commonwealth in the
English language and write his name,
n who has resided within the COM
monwealth one year and within the
city or town in which he claims a
right to vote six calendar months next
preceding a state, city or town cleo
ton may have his name entered upon
the list of voters in such city or town
and shall nave the right to vote there
in in any such election, or in any meet
ing held for the transaction of town af-
fairs, upon complying with the require
ments hereinafter set forth; and, ex-
cept as above provided, no male per-
son shall nave his name entered upon
the list of voters, or have the right to
vote, except that no person who is pre-
vented from reading OF writing as
aforesaid by a physical disability, or
8 who had the right to vote on the first
day of May in the ear one thousand
. eight hundred and ffty-seven, shall if
otherwise qualified. be deprived of the
right to vote by reason of not being
E able so to read and write"
: Mr.. Rountree and the other gentle
men in the legislature who were favor
ing the amendment that passed, were
familiar with the Massachusetts, law
of limitation for voters, as well as the
we'll known Louisiana law that after
two or three years remains undisturb-
ed, doing so we'll, so efficiently the
blessed work intended. They knew
that the amendment did not collide
with or invade the 18th amendment
Mr.. Rountree said in his speech:
THE exception in the Massachusetts
law is evidently directed against illit.
crate and incompetent immigrants
whereas this is directed against illit,
crate and incompetent negroes and for
eigners. If the n is r~epugnant to thu
fifteenth amendment the other is, fol
it is we'll known that while the pri
mary purpose of that amendment wa.
to secure to the negro the right of Suf
frage, it is equally applicable to al
other races who may become citizen;
by naturalization"
Whether adopted or defeated it will
remain a fact until the crack o
doom" that no negro is interfere,
with in his rights as a voter becaus
Of the exceptions named in the fif-
teenth amendment. He may be a
black as the ace of spades, he ma.
be the purest of Africans and hav
served in slavery for a half century
but if he can rea and writ
and is not of the criminal class
and has paid his poll tax. h
is as much entitled to vote as NJ
Rountree, OF any republican membe
OF The state supreme court. We TAX
leave to add, that if a mans skin wer
as white as bleached cloth, and b,
could cad the constitution in thirt,
languages. and had not paid his poll
tax, and thus aided in some degree t,