The Caucasian. (Clinton, N.C.) 188?-1913, 1900-04-12
the right TO vote,

the right to vote.
n On page 1888, the following strikin
and pertinent extract 10 taken frol
> the speech Of Senator Fowler:
, II think the Constitution - 1t stand
, At present would guarantee to eac
citizen Of the United States the rigk
to hold office IL he were elected. | d
not doubt on that point myself. Th
proposition is made here to incorpo
rate this principle in the constitution
and an amendment has been made
it which takes out the principle fror
; this amendment, thus placing . con
struction upon the constitution whic
denies the right Of the citizen to hol
Office. Now, If this amendment /
made to the constitution a. IL stands
1t will deny to those citizens specIie'
in the amendment the right to hol'
office. That is the clear and inevitabi
construction of 1t. That of course de
feats the rights which the citizen hold
under the Constitution as 1t stands a
the present time.
Il simply wish to say before the vot
is taken that my understanding of til
proposition, as it now stands. is tha1
it decides by an amendment to tn
Constitution that the Constitution
does not guarantee to all citizens o
the United States the right to hold Of
1ce.
"The effect of it is to exclude from
Office large number of the citizens ir
the Southern States merely to gratif,
prejudice that exists in certain of thu
Northern states, who wish to heaI
heavy burdens upon the shoulders o
other men that they will not touch
with their own fingers
On page 1641 the vote on the amend
ment to strike out "and hold office" il
recorded, there being thirty nine votes
In favor of the proposition and only
thirteen against it.
On page 1868 Of the Globe, third ses
sion, 10th Congress, part 3, the vote on
the House. Favoring the amendment
were l44 votes, and against it only A
This establishes beyond shadow O:
a doubt that il the Congress even in
passion and ejudice too often con-
troll mems conduct on public and po-
litical questions had intended to con-
fer the absolute right TO HOLD OFFICE
on the negro they would have placed
such provision in the organic law of
the land.
Inasmuch as Congress then posi-
lively and deliberately refused to con-
fer the privilege Of holding Office with
the right to vote, it is clear that the
states can, without violating the Con-
stitutlOn of the United States, prohibit
negroes from holding offices within
their gift. The debates have proven
that it would be constitutional to deny
the negro the privilege of holdi & Of
fee.
In investigating further this ques-
ton Of prohibiting negroes from hold
ing office within the states by engraft-
ing in their Constitutions such a re-
striction as 1 propose, | find that the
state of New Hampshire had in it's
Constitution as late as 1876 the follow
ing: THAT no person shall be capable
of being elected a Senator who is not
Of the protestant religion, who is not
of the age of thirty years, and who
shall not have been an inhabitant of
this State for seven Yeers Immediately
preceding his election" etc.
If, therefore, one can be prOhl blted
from holding office on account of his
religious views, why cannot he be pro-
hiblted from holding Office on account
of his color? 1t seems to me that there
is as much force in one proposition as
there is in the other, and furthermore
the fact that Congress struck out the
Office-hOlding provision of the fifteenth
proves that Congress did
not intend that the negro should never
be Disseminated against in holding
political office; for if they had it would
have been adopted in the original form
as quoted above.
It is a we'll established principle that
what the states are not expressly pro-
hibited from doing by the Federal Con-
they can do. therefore, as the
right to hold office is not expressed
and guaranteed by the fifteenth amer
ment, the states, within the scope of
their constitutional auth GRITTY, can de-
ny this privilege to the negro, without
the Constitution of the Uni
ted States.
Daniel Webster, in his famous IRE,
ply to Hayne" said 1.-The national
government possesses those powers
which it can be shown the people con-
erred upon it and no more. The peO-
Gle erected this government. They
have it q Constitution, and in that
constitution they have en- umerated the
powers which they bestow on it. They
have made it limited government.
They have defined its authority. They
have restrained it the exercise of such
powers as are granted. 1t is govern
ment OF strictly limited powers; of
enumerated, specified, and particular
lied powers, and whatever is not gram
ted Is withheld.
chief Justice fancy in Scott VS. San
ford, said
"The government of the United States
is one of the delegated and limited
powers. 1t derives its existence and
authority altogether from the Consti.
tuition, and neither of its branches can
exercise any of the powers of govern
ment beyond these specified and gran
ted"
The fact that the right to hold Office
was not specified and granted" by the
Constitution, coupled with the further
fact that it was proposed in the origi-
nal Fifteenth amendment and then
stricken out By an overwhelming ma
iority vote in both Houses of Congress,
shows, that the States are not prohibit
ted from denying it to the negro.
1t would not conflict with the Four
teenth amendment, for that amend
ment cOnfers STRICTLY and sOLELY
CIVIL RIGHTS, and under it women are
made CITIZENS but not VOTERS. If the
Fifteenth anne ndment were abrogated
the negro would have no political
rights whatever guaranteed by the
Fourteenth Amendment.
That to prohibit negroes from hold
ing office would not violate the four
teeuth amendment is established and
set forth clearly in Presser vs. Illinois,
116 U. s. 252, which is as follows:
1.-THE provision in the Fourteenth
Amendment to the Constitution that
no state shall make or enforce any law
which shall abridge the privileges or
immunities of citizens of the United
States does not prevent q state from
passing such laws to regulate the priv
| ileges and immunities of its own citi.
zens as do not abIidge their privileges
and immunities as citizens of the Uni
ted States"
1t is perfectly clear that any state
| Lat bo npiviloros and inm IL.