The Caucasian. (Clinton, N.C.) 188?-1913, 1900-02-22
Washin gton, D. c., Feb. 10, 1900.

Dear Sir: Your letter Of the 18th
ult. was duly received. have care
fully considered the two questions you
submit fer my opinion.
Your frs. question is whether Sec
ton CT the amendment; proposed to
Constitution OF North Carolina by the
Legislature CT that State by the Act
approved February 21st, 1899, will, ii
adopted, be valid in view of the Con-
stitut;on Of the United States.
. This Section makes, in the plainest
possible terms, perfectly arbitrary
distinction between male citizens in
respect o. the most sacred political
rights of men. 1t gives to those per
sons who were entitled on or before
January Isl. 1867, 70 vote in any state
and to their lineal descendants the
right to take part in elections In North
Carolina, without the qualifications
required OF every other male citizen Of
being liable to read and write any sec.
ton OF the Constitution in the English
language" The discrimination is not
founded On any reason whatever that
can have any relation tc republican
form CT government" which the Con-
stitution OF the United States has re-
quired the nation to guarantee to ev
cry State, but is absolutely in opposi-
| ton to, and destructive OF republican
! government. It IS q we'll known ane
| historical truth that before and On the
| 1st Gay Of January, 1867, there were
! great numbers Of male citizens OF the
| United States in, and citizens OF States
| In which they resided, who were not
| entitled to vote although twenty-one
| years or more Of age, and great numb,
bers who were under twenty-one years
| Of age and therefore not entitled TX
! vote and who were not lineal Gescen.
dan.s OF the voters Of tha. date, an(
. there were great numbers OF Africa!
descent and many aliens In process o
! udtUIduLastcu All tueoe e'el iifItu
ally increasing classes OF citizens ART
required to possess a particular liter
ary qualification, while no such test il
applied to the residue Of citizens 0
the State. A form of government c
this character cannot, think be hel,
to be republican, either in a legal, O
moral, Or political sense.
l think that the discrimination !:
fatty in contrayention of the Four
teenth Amendment to the Constitution
of the United States, which, amons
other provisions for securing eeua
rights and privileges to all, command.
that no State shall deny to any per
son within its Jurisdiction the equa
protection of the laws" 1t may,
think, be safely affirmed that it is nov
settled that the Fourteenth Amendmen
confers an affirmative and positiv,
| right upon every class and condition
Of people to a broad equality OF treat
ment, and permits no distinction O
discrimination not founded upon rea
sonabie and just grounds of classified
ton. 1t is impossible for me to imag
inc that a discrimination resting on il
face solely upon date could have an,
other basis than purpose to disfran
chise the people of particular rae
and color whose condition on Januar
l, 1867, of then recent slavery, ha
made great mass Of them incapabl
Of reading and writing any section c
the Constitution of North Carolina, al
though doubtless large numbers c
them were entirely capable of intell
gently choosing their rulers.
l am also Of opinion, II 1 am rigf
in supposing the motive and purpose {
the Section Is to disfranchise a mass {
colored citizens of North Carolin;