The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-01-09

either as TO the form or the substance OF
any enactment that Congress may make
for the enforcement of the fifteenth
amendment of the Constitution.
If we should adopt the resolution 1t
would be brutum fulmem that this Con
gresS or a subsequent Congress would
follow or reject at will.
The honorable Senator would doubtless
have presented a bill that would reach
and prevent the alleged wrong or evil he
intends to suppress or prevent if he could
have devised scheme by which he could
coerce Il State to amend its constitution
under the penalty of being driven from
the Union or of being refused representa-
ton in Congress or in the electoral col
lege.
1t is too plain for argument that suchq
q measure would abolish the State as TO
its rightful sovereign powers, and would
remand it to the condition of our OrganlZ-
ed Territories, all Of whose laws may
be repealed by Congress and all of whose
officials may be placed under the power
of appointment and removal by the
President.
PRITCHARD AS A CRAWFISH.
In his original resolution the honorable
Senator distinctly took this ground as to
the duty and power of Congress in deal
ing with any State whose constitution
violates the fifteenth amendment when
he asserted that such a State has not a
republican form of government. On
further reflection he endeayOrs TO geI
away from this dangerous ground and
to retreat TO a position that IS apparently
less strenuous, somewhat less heroic and
, less dangerous to the State and Federal
4 {l,- 4 "a
substitute to declare in another form OF
words the same principle and the same
appeal to the power of Congress to deal
with a State as such, that is only more
| distinctly expressed in the Senator's ori-
! ginal resolution.
TEXT OF RESOLUTION.
The substitute is as follows:
! Resolved That an enactment by con-
| stitution or otherwise by any State which
/ confers the right TO vote upon any of its
| citizens because of their descent from GER
I tain persons or classes of persons and
! excludes other citizens because they are
| not descended from such persons or class
! es of persons. having all other qualifica-
/ tions prescribed by law in the opinion of
| the Senate is in violation of the four
| teenth and fifteenth amendments to the
! Constitution of the United States, and
! Of a fundamental principle of our repub-
| lican form of government.
| A particular state of facts is here pre-
| sented which is declared as violative of
/ the fourteenth and fifteenth amendments
! to the Constitution and as being also vIo-
! lative of a fundamental principle o. olrr
republican form of government.
The alluSion here is distinctly made to
l q l. Il, I'll,
| of the Constitution, which is that ''the
sUnited States shall guarantee to every
State in this Union a republican form of
government, and shall protect each of
them against INVASION" etc.
/ suppose the Senator will admit that
this is the section and article to which
he refers when he speaks of "a funda-
mental principle of our republican form
| of government" The point in both
| forms of the resolution is that Congress
can deal directly with North Carolina
and inflict penalties on her as Il State,
and as a State standing by itself, if she
amends her constitution in the manner
prescribed in the preamble to the resolu-
/ tion.
TFe substituted resolution J rave ust
| .,ad Is not true in pniEt of law. :. IS
not a discrimination ON account of race
! color. or previous condition Of slavery,
unless the act excludes them by its
/ terms, or by necessary iEtendment from
| its terms. for such causes. lhe eXclu-
| sion of certain persons or classes of per-
[ sons or their descendants can be lawfully
made in many cases and for many reasons
that have no relation to race or color or
! nrey,ious condition of Seryltudc.
Jyhp resolution begS the question when
| II admits the right to exclude those who
have not all the other qualifications
prescribed by law" from the right to
| vote.
THE RIGHT OF EXCLUSION.
Cinnamon, japanese, and Indians who
are citizens OF the United States, may be
lawfully excluded from the right TO vote
! for any reason, even for their race or
color. simply because the States prefer
/ to refuse them that privilege; yet in all
other respects they may have the qualiti-
cations prescribed by law.
Many white persons who We're engaged
in rebellion against the United States
| .vere excluded from the right to vote by
/ octs of Congress passed after the alleged
rotification of the fourteenth amend
| ment They possessed all the other
| qualifications. but imputed crime dis
/ ouaIfied all of certain classes of white
] persons from voting and still excludes all
i of them from holding office whose dlsa-
/ biIities have not been removed by a vote
/ of two-thirds of each House of Congress.
/ 1T has been settled in various cases by
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