The age-herald., 1901-05-30
SUFFRAGE LAWS MUST
 APPLY EQUALLY TO,ALL
., 2ae50,t1xa-

pugned her own good faith. and conceded that the object was not the improvement of the intellectual standard of her voters but the exclusion of class on account of race, color or previous condition of servitude.' It Is an effort to accomplish indirectly what is forbidden to be done directly, and is as clearly violation of the Constitutional provision as though 1t had mentioned the race color or pre- vious condition of servitude of the class against whom the exception is so ob- vtousiy directed. No negro was permitted to vote prior to 1867 in the State of North Carolina, with the possible exception of a few freemen of color, whose right de- pended upon emancipation from a pre- vious condition of servitude. He was denied this privilege on account of race color or previous condition of servitude.' The white man. on the contrary was permitted to vote at all times, and to permit the descendants of these voters to continue to cast ballot, regardless of their educational qualification, while the restriction applies to the progeny of the unfortunate race Is so palpably an effort at evasion that 1t cannot deceive any one familiar with the facts If this amendment, as said by the United States Supreme Court in the case of U. s. ys Reese (92 U. s. 2t4) prevents the states or the United States from giving pref erence in this particular to one citizen of the United States over another on ac- count of race, color or previous condi- of in its purpose if the exception clause is permitted to stand. But it cannot be permitted to stand The court in the case just cited declares:
 If citizens of one race having certain qualifications are permitted by law to vote, those of another having the same qualifications must be. Previous to this amendment, there was no constitutional guaranty against this discrimina tion; now there is It follows that the amend ment had invested the citizens of the United States with a new constitutional right which is within the protecting power of Congress. That right is ex- emption from discrimination in the exer- else of the elective franchise on account of race. color or previous condition of seryitude. This, under the express pro- visions of the second section of the amendment, Congress may enforce by Appropriate legislation.
 Whether this power is exclusive in the Congress, or whether the courts may intervene and declare so much of the amendment As excepts from it's operation persons whose ancestors were permitted to vote prior to 1867 to be void, 1t is not necessary now to consider. That there is way of reaching this matter, and of securing to the negro the rights of which the State of North Carolina has attempt ed to deprive him. is not open to doubt; at least the State cannot be permitted to have two different qualifications for electors who are citizens of the United States, and if the educational qualiflca- ton is maintained. it must be enforced equally against the white man and the negro. When this is done no one out side of the State of North Carolina will have right to complain and comity and public policy alike demand that beyond vindication of the Constitution, we should refrain from interfering under any pre- text whatever.