The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-10-30
OF
THE DEMOCRATS
Continued from First Page.)

that Mr. Parker would speak for the court
in the future.
Colonel Argo then made motion to
dismiss the warrant against the defend
ants. Il make this notion" Colonel Argo
declared because we do not believe
that there is any statistical offense
against the laws of the government. The
offense alleged in the warrants cannot
fall under sections 5507 and 550S. the
two sections on which the prosecutors
base their action. 1t cannot fall under
section 5507 To do so it would be neces-
sary to show that the prosecutors are
negroes.
cit is charged that they were debarred
of their right to vote in violation of the
Constitution of the United States. There
is nothing in the Constitution of the
United States guaranteeing the white
man the right to vote. The Constitution
does not grant the suffrage to either the
negro or the white man. 1t does say
that there shall be no discrimination
against the negro The Constitution says
if you enfranchise the white man you
shall also enfranchise the negro. The
Supreme Court says that the Congress
cannot give the right to anybody to vote.
This case is too plain for man to argue
Section 5507 of the statutes of the United
States says every person who prevents,
hinders, controls, or intimidates another
from exercising, or in exercising the
right of suffrage, to whom that right is
guaranteed by the fifteenth amendment
to the Constitution of the United States,
by means of bribery or threats of
bribery etc.
1.-THE Constitution does not pretend to
guarantee the right of suffrage. The t1f-
teenth amendment grants political rights.
1t refers to race, color or previous con-
dition of servitude.' 1t means that the
negro cannot be Disseminated against in
his political rights. If it did not mean
this, it would not have said race, color
or previous condition of servitude.' II
this case were presented to Federal
Judge he would dismiss it at once. All
the authorities substatiate what l have
said There is no exception What is the
use of going into an investigation with
the law before you?"
Mr.. Spears 81 have listened with
much interest to the able argument OF
Colonel Argo. He has not placed the
bark of this question. Both white and
black electors are guaranteed equal
rights under the fifteenth amendment of
the Constitution. There can be no dis
elimination against Cinnamon, white or
black men, in the right to vote. When
black men have the right to vote, thes
same privilege must be extended to the
white man. The equal right to exercise
the right of franchise is guaranteed by
the Constitution of the United States to
all men. If one white man is protected,
then all white men are protected. The
Constitution protects the white man
equally as much as it does the black man.
The State law gives the right to vote
and the Constitution of the United States
protects him in this right"
The speaker only cited one Federal
case in support of his case. That was
the Evans case, from Kentucky.
Ex-Judge Thos. Sutton followed speak
ing for the prosecution. He added moth
ing to what Mr.. Spears already stated.
Mr. James H. Pou stated that the de-
tense had admitted that the right to
speak, to assemble, to bear arms and to
vote, was guaranteed by the State.
Then with these admissions, he declared
he did not see that the prosecution had
any right to make this fight in Federal
court. The speaker said that the relief
asked could only be obtained in the State
court
Mr.. Pou declared that Mr.. Spears
failed to read the vital part of the Ken
lucky case, which he quoted. Mr. Pou
read with great effect the paragraph
Mr. Spears failed to read, where it was
held that the prosecutors were entitled
to redress only by reason of the fact
that they were negroes.
'tCan you name another authority in all
the history Of the Federal court in addi-
ton to the one already cited in support
of your case?" Mr.. Pou asked.
YES" replied Mr. Spears in the midst
of perfect stiffness throughout the
crowded court house.
GAS the representative of the greatest
government on earth and in the name of
the men who are here defending them
selves from these charges, / asked you
to name one other case in support OF
your contention" Mr. Pou asked. 'Ano
l pause for an answer.
'That case covers it," Mr.. Spears said
apologetically, after hesitating for some
time.
"The Supreme court" Mr.. Pou said,
Gin the very opinion which Mr.. Spears
cited held that the bill of indictment
was imperfect, because it was not stated
that the action was brought by reason
of race, color or previous condition of
servitude.
TON Massey, Bob Wallace and the
other prosecutors have all the rights of
every citizen of North Carolina. What
right in regard to suffrage has been
conferred on them by the Constitution of
the United States that has not been con-
ferred on other citizens? / pause for
an answer
Mr.. Pou's pause was not met with an
answer, though every eye centered on
ex-Judge Sutton and Mr.. Spears.
Mr.. Pou cited a number of Federal
authorities in support of his contention.
Mr.. Spears then went over his old argu-
ment. He declared that the government
obligated itself to enforce the suffrage
laws of the States.
Mr. Pou said he would answer him in
the language of the Supreme court OF
the United States, and read opinions OF
the court, whar, it WAS held that the
Constitution of the United States only
guaranteed the right of suffrage in cases
of discrimination because of race, cor
or and previous condition of servitude,
as declared in the fifteen amendment.