The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-08-30
TO EXCLUDE NEGROES AND
CHINESE FROM THE
BALLOT.

interesting and ingenious argument in
an article in the Richmond News in
favor Of plan of suffrage that is who'll
ly original. If it will be as effective as it
Is simple and original, and if constitu-
tiOnal, it would meet the need. Here is
his proposition:
Resolved, That no person born with
in the empire of China or on the CONT
nent of Africa, and no descendant or
any person born on the continent or
Africa or within the empire OF emma
shall have the right to vote in this
State
He argues that this restriction is es.
sentially geographical and in no sense
social, and therefore does not come in
conflict with the Fifteenth Amend
ment, which provides that the right to
vote shall not be denied or abridged
ION account Of race, color or previous
condition of servitude."
Mr.. Pendleton argues thus:
''The continent of Africa alone en-
RACES Wlluln It's lCPl ~
Of substantially all races-the Anglo
Saxon the Teutonic on the south and
west; the French, Spanish, Bubu and
Arab of the north, and the Soudan, as
well as the Abyssinians, the Kaffirs and
the Congo negroes. 1t thus applies to
all persons, irrespective of race, even
born within certain geographical limit,
and their descendants
Neither is the restriction based Oh
color for it applies equally to all coll
ors
"Of course, it has nothing to do with
previous condition of servitude,' for
1t embraces both bond and free.
"This measure to quote the language
Of the Supreme Court in the 'Yick Wo'
case Q1S u. S., 374) makes no .discrimi-
nation between persons in similar cir
cumstances' On the contrary, it seems
to come clearly within the requirements
demanded by the court in the same case
when it held that if within the sphere.
of its operation it affects alike all per-
sons similarly situated, it is not within
the amendment This language was
quoted with approval in Hayes VS..
Missouri, 120 Z. S., and again in Nc
Pherson VS.. Blacker. JAG u. S., 80.
1.-The right to vote is not necessary
privilege of a citizen of the United
States minor VS.. Heffersett, 81 Wall,
1922. 1t is privilege confirmed or de-
MED by the State. The only restriction
on this power is that the right shall
not be denied on account of race, col
or &c. This doctrine was reaffirmed
and greatly extended in Mcpherson VS..
Blacker, supra. The court held in Bush
VS.. Kentucky Q07 u. S., I'D that aciti-
zens of African descent might be ex-
Guided from jury, provided they We're
not excluded on account of race OF
color.
IF the words, descent or geographic
cal origin had been added to the
amendment, we admit that the pro-
posed measure would conflict. But
they were left out. Suppose the words,
previous condition of servitude, had
been left out of the amendment, would
not a measure DISTINGUISHING all slaves
and their descendants have been con-
stitutional? If it would not, then why
were the words, previous condition of
servitude,' inserted?
again, if the word race had been
left out, could we not have disfran-
chised all persons of the negro racer
If the word color did not affirm,
might we not deny the right to vote to
all yellow, brown, or black persons?
'The Fifteenth Amendment applies
equally to the United States govern
ment as to the State government, but
does anyone doubt that the Supreme
Court would have sustained Congress
had it gone little further in the
Chinese exclusion act, and provided
that no one born in the empire of China,
or any descendant thereof, should be al
lowed to naturalize? We do not deny
the citizenship, or the right to equal
protection of the laws, any more than
Massachusetts, denies them to those
who have not sufficient education to
qualify them to vote. She says that
the ignorant, no matter of what race
or color, shall not vote; why may Vir-
ginia not say that the natives of China
and Africa and their descendants-no
matter of what race or color-shall not
vote?'
The South will find some way to
eliminate the ignorant negro vote. and
sooner or later all the Southern States
may be forced to the same expedient
What is the matter with Mr.. Pendle-
toms plan?