The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-01-28

are permitted by law 10 vote, those of
another having the Same qualifications
must he. Previous to this amendment
there Was no constitutional guarantee
against the discrimination: now there Is.
1t follows that the amendment has invest
cd the citizens of the United States with
a new constitutional right, which is with
in the protecting power OF Congress- ina I
right is exemption from discrimination III
the exercise of the elective FRANCHISE on
account OF race color or previous conul-
lion of Servitude This, under tue ex-
press provisions of the second section Oh
the amendment, Congress may enforce
by appropriate legislation. 1t Is
only when the wrongful refusal at an
election is because of race, color or pre-
ViouS condition OF servituSie, that Con-
grcss can interfere for its protection"
The XIV amendment was declared to
he n part Of the Constitution of the
United States on the Dist of July, 1858:
the XIV amendment did not bccome 4
mart of the constitution until March so.
1870. Therefore under the decision just
cited il was within the power of the
LEGISLATURE Of any State from the date
of the adoption OF the NV amendment
TO that Of the adoption of the Nv amend.
ment 10 exclude citizens on account OF
race, etc. This would not have been so, OF
course. if the XIV amendment affect
cd the question In any way what
eyer. i may therefore with perfect
confidence take the position here that
uulesS the opponents of the proposed
amendment TO the constitution Of the
State can show from what appears III
the amendment itself, its effect. il
o6ontea. viii DE to exclude the negro
from voting ON account of race. ere.
i, violation of the Nv amendment
their objections are groundicss. There j.
no claim or pretencc that any other por-
tion of the constitution Of the United
States has anything To do with the ques-
ton. But il may be ais well 10 say that
II has been repeatedly decided by the
Supreme Court of the United States that
tho prohibitions contained in the first
twelve amendments TO the Constitution
of the United States were not designed
as limitations for the State governments
in reference TO their own citizens, but
exclusively upon Federal power.
Senator pritchard. the very head and
front OF the opposition to the proposed
amendment. comedies that there Is moth
ing in section FIVE which iii so many
words declares that those of African de-
scent shall not be entitled 10 vote. His
objection 10 il Is that it contains "a
! nroyision which attempts to
confer the right OF suffrage upon those
whose ancestors were entitled 10 vote In
the year 1861" and from this he con-
cludes that il ''can only be construed
| as an effort TO exclude all citizens from
the enjoyment of that right who were
not entitled 10 vote in that year." These
| positions OF the Senator are utterly
| without foundation. In the first place
! section five does not confer the right
of Suffrage upon those whose ancestors
1 were entitled to vote in the year 1867
without qualification, but they are still
left subject to all the qualifications Of
the preceding sections. except the educa-
tional qualification. And his other state
ment that this provision can only be
construed as nm effort to exclude all
citizens from the enjoyment of the right
to vote who were not entitled TO vote
in that year. is further from the truth
than the other.