The Caucasian. (Clinton, N.C.) 188?-1913, 1900-02-22
Stand.

WHO, under the present equal and Re-
publican constitution OF that State. are
now entitled to suffrage, that it vio-
lates the Fifteenth Amendment Of the
Constitution Of the United States. The
matter of motive and purpose Is one
fact, and If such motive and purpose
exist, then the right OF this class of
citizens is denied or abridged On ac-
count Of race, color, or previous con-
dition OF seryitude:" and this Section
Of the proposed amendment cannot be
saved by any device OF date or phrase.
See Williams vs.. Mississippi, 40 &. S.
and cases there cited, where the prip-
ciples applicable to cases under .ha
Fourteenth Amendment are stated.
am for these reasons of opinion that
the Fifth Section referred to will be
held void when brought to judicial de-
cision.
Your second question is whether 4
and Of the Constitution are so depen-
lent on each other that the 4th section
must be held imperative if the 9Th
; Section is void.
Applying the test established by the
| Supreme Court Of the United States in
regard to such questions, it would
| seem that Section may stand perfect
| ly we'll without the 5th Section. II is
| complete in itself as a distinct Section
| and distinct and complete PROPOSE
| ton. 1t does not even refer 10 Sec
ton or to anything contained in It
| The first four sections OF the proposed
| amendme at contain a complete and
equal .rle twhether a wise one Or not
for the suffrage qualifications Of all
citizens, sex, age, residence, Innocence
of crime, and capacity to read ard
write any section of the Constitutions.
In the nature of the thing no eason
can, think, be stated for holding that
it is dependent for its validity on the
5th section in any respect whatever. 1t
may be presumed that the legislature
was actuated by high sense of the
Importance of intelligence in the voters
in a government of the people ard sup
posed, (erroneously l think, that a
capacity to read and write section OF
the Constitution was the essential and
sole evidence Of such intelligence
| Having made this complete and equal
| 80 n "a
felt that the class of citizens who were
| so fortunate as to have been legal so-
ters before January i, 1867, and those
who were so fortunate as to have their
lineal descendants, could not be expec-
ted to possess and ought not to be re-
quired to possess the constitutional
learning required Of other classes, anc
so, as an act of gracious benevolence
or as a recognition of the fact that the
persons so situated and SO descended
. ! should be entitled to vote, a separate
provision was made for them. The
legislature may very justly have fei
that the legal and equal provisions con
tanned in the fourth section were ST
important to Republican government
it would have the main provision ever
: if the grace, ETC., provided by section
; could not lawfully be bestowed ant
| stand as the fundamental law Of tn
, State. 1t cannot be supposed that tn
y legislature could desire to make
! broad, equal and universal provision
in the Constitution of the State depen'
f on the validity of an act Of grace an
: favor to a particular class of persons
+ Without enlarging on the subject,
think that the 4th section can stan
although the 5th section is held inva
: lid. Very truly yaurs,
= GEO. F. EDMUNDS.
E To Hon. ]. c. Pritchard, Unite
/, States Senate