2
POPULISTS FAVOR AMENDMENT.
Editors Progressive Farmer: Some
time since I was interviewed by a re
porter for the Charlotte News and to
him 1 said that 1 expected to support
the amendment, etc. His report was
practically correct. 1 now propose to
give you the same, with a little more
of the same sort, as I take it.
While 1 realize that your paper is
not. partisan, let me say this: Ido
not feel that this matter is a Populist
affair, and our concern with it is to
make the most out of it we can for
the best interest of the people of
North Carolina as a whole. It ought
not to make any material difference
with Populists, what political party
it helps or hurts. I am willing to
sink any political party with it, if
by so doing I could do a great good
lor the people of North Carolina.
The negro—of course there are a
few individual exceptions-—is and has
always been an incompetent voter.
At the close of the war he was in
his best state, as a citizen. Under the
compulsory training and discipline of
slavery for five or six generations, he
had become something of a citizen —
from habit, not from his nature or
race instinct* During this servitude
lie had the best possible advantages
for proper training as to good citi
zenship. etc., and was compelled to
make proper use of these advantages,
thereby becoming, to an extent, im
bued with proper notions and ideas
of manhood, patriotism, religion, mor
ality, etc.
Since his freedom all these helps
have to a great degree receded beyond
his reach, as he is left out from the
direct influences flowing directly
from the personal interest of the
former master.
The natural bent, the racial ten
dency, of the negro is backward —to
slavery, cannibalism, etc., and with
out closest restraints, as slavery ne
cessarily threw around, he easily and
surely glides back into the old racial
nature, a state that the Caucasian can
not tolerate.
I believe the establishment of this
amendment will do all parties good.
I mean all parties that are wanting
good. Heretofore, and as long as the
negro is in the way with his deadly
club (ballot), it has been the main
work of the white people to tight him
and keep down the depredation which
would obtain in the land Ff he were
not restrained. Now, if he is dis
armed, we can turn our attention to
something real and profitable, in his
ignorance and recklessness, the ne
gro cannot be trusted at any time
with a means to lmrm any interest.
He is always ready, for a triflng bribe,
to throw bis force or power where
ever the bribe or premium would dic
tate, consequently we will always
find him on the side of the destroyer
of the country's prosperity—on the
side of those who are living and fat
tening by vicious legislation—robbing
and defrauding trie common masses
of what is honestly theirs. AAe can
afford to give the force of one friend
(if need be by yielding the grand
daddy clause) for the scalps of five
to ten enemies. If I could accomplish
so much for my country l would
cheerfully yield the privilege of my
ballot, and I think any other sane
man ought.
The franchise of the negro has nev
er been of profit to him. lie ought
to know this himself; he cannot show
wherein it has ever helped or added
to his racial prosperity one mite. It
has been to him a delusion and a
snare.
Contracting the franchise of a coun
try would at any time be dangerous
if this contraction were indiscrimin
ate. Hut this is not the proposition.
On the very face of this amendment,
it only proposes to eliminate the dan
gerous, vicious, politically worthless
clement. To illustrate: If you have
a barrel of potatoes, a part of which
are rotten, no one can be hurt by
one one’s throwing out the worthless
or rotten ones. If your own ranks
are somewhat depleted, your enemy
is to a great extent demolished. Con
sequently no harm is done your abili
ty to cojh* with the common enemy.
I do. not like the present election
law, and many other things political
ly considered, but I see only good in
this constitutional amendment move.
I think with this trouble off hand, the
white people of the State will compel
the breeders of mischief to quit their
wrong doing to a degree and allow the
real friends of good government to
get, in so ne work.
As to the constitutionality of the
amendment, that is for Congress and
the, courts. Hut l do not disfranchise
on account of color, previous condition
of servitude, etc., (except, it was in
Africa centuries ago) but on account
of what he now is, a menace to wel
fare of country.
W. P. CRAVEN.
Mecklenburg County, N. C.
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W. C. STRONACH’S SONS.
Progressive Farmer.
ADVOCATES T1 i E AMEN DM ENT.
Editors Progressive Farmer: —I am
very deeply interested in the success
of the effort to secure a limited suf
frage to the negroes in .North Caro
lina, by the adoption of the proposed
Constitutional Amendment. I am hil
ly persuaded it would prove a great
blessing to the State of North < aro
lina, to all of its citizens, including
the negroes.
1 have, been sojourning in South
Carolina, my native State, for a bunt
two months, and see the great nmetit
to all classes of its people, negroes in
cluded, from the practical retirement
of the negro from political influence
and power. This was virtually done
by the great revolution in 1879, which
wrested ihe power from the negroes
and their leaders, and vested it in Ihe
white people. For some time the
whites retained the political power by
the entire control of the election ma
chinery. The management of the elec
tion was entirely in the hands of the
Deiwocratic party. The law required
that there should be a separate box
for the reception of each vote for a
candidate for any particular office.
Each box was to be marked for Gov
ernor, Lieutenant-Governor, for Sena
tor, for members of the House, and
the law provided that in any case if
the ballot was not deposited iii the
right box it was invalidated. It also
provided that each voter should de
posit his ballot in person, with no one
near him. As a result illiterate per
sons could not vote, unless the mana
gers of the election chose to give in
formation as to the right box in
which to deposit each ballot. As a
result illiterate voters whose votes
were not desired were practically de
barred from voting. There were grave
objections to this system, and many
thought that it was unwise to hazard
its continuance in case of division
among the whites. To fully secure
the victory that had wrested the (low
er from the ignorant and incompetent
negroes and their self-seeking le ulers,
the amendment to tlie Constitution,
which 1 give below, was adopted.
RIGHT OF SUFFRAGE.
“Section I. All elections by the
people shall be by ballot, and elections
shall never be held or the ballots
counted in secret.
See. 11. Every quaified elector shall
be eligible to any office to be voted
for, unless disqualified by age, as pre
scribed in this Constitution. Hut no
person shall hold two offices of honor
or profit at the same time. Provided,
That any jierson holding another of
fice at the same time be an officer in
the militia or a notary public.
See. 111. Every male citizen of this
State and of the United States 21
years of age and upwards, not labor
ing under the disabilities named in
this Constitution and possessing the
qualifications required by it, shall be
an elector.
See. IV. The qualifications for suf
frage shall be as follows:
(a) Residence in the State for two
years, in the county one year; in the
(Killing precinct in which the elector
offers to vote four months, and the
payment six months before any elec
tion of any poll tax then due and
payable. Provided: That, ministers in
charge of an organized church and
teachers of public schools shall be en
titled to vote after six months' resi
dence in the State, otherwise qualified.
(h) Registration, which shall pro
vide for the enrollment of every elec
tor once in ten years, and also an en
rollment during each and every year
of every elector not previously regis
tered under the provisions of this ar
ticle.
(e) Up to January Ist, 1898, all male
persons of voting age applying for
registration who can read any section
of this Constitution submitted to him
,>v the registration officer, or under
stand and explain it when read to
them by .ne registration officer, shall
be entitled to register and become
electors.
A separate record of all persons
registered before January Ist. 1898.
sworn to by the Registration officer,
shall be filed, one copy sent the Clerk
of Court and one in the office of the
Secretary of State on or before Feb
ruary Ist. 1898, and such persons shall
remain during life qualified electors
unless disqualified by the other pro
visions of this article. The certifi
cate of the Clerk of Court or Secretary
of State shall he sufficient evidence
to establish the right of said citizens
to any subsequent registration and
the franchise under the limitations
herein imposed.
(d) Any person who shall apply for
registration after January Ist, 18‘'S,
if otherwise qualified shall be register
ed. Provided: That lie can both read
and write any section of this Consti
tution submitted to him by the regis
tration officer or can show that he
owns and has paid all taxes collectible
during the previous year on property
in this State assessed at three hun
THS NKWB AND OBBBRVBR, SUNDAY MORNING, APRIL 22. 1900
died dollars ($:i00) or more.
(e) Managers of elections shall,
quire of every elector offering to vote'
to any election, before allowing him
to vote, proof of the payment of all
taxes, including poll tax. assessed
against him and collectible during the
previous year.
The production of n certificate or
of the receipt of the officer authorized
to collect such taxes shall be conclu
sive proof of the payment thereof.
(f) The General Assembly shall pro
vide for issuing to each duly register
ed elector a certificate of registration,
and shall provide for the renewal of
such certificate when lost, mutilated
or destroyed, if the applicant is still
a qualified elector, under the provi
sions of this Constitution, or if he
has been registered as provided ia
sub-section (e)."
It was easy for the party in (lower
to prevent the registration of unde
si red voters—for example, illiterate
negroes —and thus permanently pre
vent them from voting. This was the
intent and effect 6f the measure.
lie fore my recent careful investiga
tions into the actual workings of the
law, 1 had always been distrustful of
it and feared it might limit the rights
and influence of the plain common
people for whose right 1 am ever
jealous. That such has not been its
effects is plainly shown by the fact
that the plain, common people who
revolutionized the government in this
State a few years ago, and got full
control of it. still retain this (lower.
I have spoken with quite a number
of persons, of men of different profes
sions, of different occupations and va
rious positions in society, and ha-e
found not a single one who did not
speak of it with full approval and
commendation.
It is very singular the good effect
it has had upon the negroes. They
have had their eyes opened to the
fact that casting ballots into boxes
was not going to secure for them
either the financial or social advance
ment which they expected, and as a
result the masses of them have lost
all interest in politics, and many of
them who can read and write and can
therefore vote if they enoose do not
exercise their right. Their whole de
meanor is changed. They are far
more industrious and contented than
they were during their days of poli
tical power.
1 lived here during that horrible
nightmare of Reconstruction, and can
vividly recall the anxiety as to life
and property, that hung like a pall
over the whole people, and can but
note. Ihe amazing change that has
taken place.
T wish, to say a few words more,
especially to my Populist friends, in
regard to the pending contest in our
State. We nave often criticised, and
not infrequently abused the Demo
crats for making the negro issue a
paramount one.
Now the amendment will practical
ly eliminate the negro question from
our political contests in the future
and give to us the opportunity of dis
cussing issues of far greater import
ance.
Now, will it he consistent in us to
refuse to assist in tin* effort to sup
press the ignorant negro vote? I
think it the duty of every true lover
of the State to put aside any bittei
ness or estrangement that may have
occurred in the past, and unite in
the request from all to secure this
modification of suffrage and relieve
us from this irresponsible and dan
gerous negro vote.
For the benefit of those of my read
ers who fear that the grandfather
clause may be declared unconstitu
tional without invalidating the re
maining sections, thus making the
educational tost apply to all illiterate
whites now of age, T present these
opinions:
CASES CITED HY SENATOR MONEY
“No, the Senator from North Caro
lina assumes that if part of this Con
stitutional amendment shall be de
clared unconstitutional, that part
does not carry the remainder with it,
and he cites from a decision of Jus
tice Matthews. 1 should like to find
that case.
“Mr. Pritchard. 1 think you will find
it in 158 .United States.
“Air. Money. One hundred and fifty
eight United States. I have the case
here, 1 suppose. It is the case of Pol
lock vs. Farmers’ Loan and Trust
Company, quoting from Sprague vs.
Thompson (118 U. S.. 90. 95:
“The insuperable difficulty of the
application of that construction to the
present, instance is that by rejecting
the exceptions intended by the legis
lature of Georgia, the statute is made
to enact what confessedly the legis
lature never meant. It confers upon
the statute a positive operation be
yond what any one can say it would
have enacted in view- of the illegality
of the exceptions.”
Then, again, the court says:
“We do not mean to say that an act
laying by apportionment a direct tax
on all real estate and personal prop
tv, or the income thereof, might not
also lay excise taxes on business,
privileges, employments, and 'ora
tions. Hut this is not such an act.
and the scheme must be considered
as a whole. Heing invalid as to the
greater part, and falling as the tax
would, if any part were held
valid, iu a direction which could not
have been contemplated except in con
nection with the taxation considered
as an entirety, we are constrained to
conclude that sections 27 to U7, inclus
ive of the act which became a law with
out the signature of the Presumed on
\iioiist 28. 1894. are wholly inopera
tive and void.” .
"That income tax. I hat is
not the ease I wanted, although it is
to the same point.
"In the ease of George AA . Warren
and others vs. Aiayor and Alderman
of Charleston (98 Mass.), the court
sa vs:
"When the parts of a statute are so
mutually connected and dependent as
conditions, considerations, or com
pensation for each other as io the war
rant a belief that the legislature in
tended them as a whole, and that if
all could not be earr e l into effect
the legislature would not pass the
residue independently, it some parts
are unconstitutional and void, ail the
provisions which are thus dependent,
conditional or connected, must tall
with them.”
"That exactly meets Ihe case in
point. Now, it. is evident that lie
legislature of the State of North Caro
lina intended to present a scheiic* of
suffrage to the sover i_* * *i people of
that State for their adoption, h was
a whole scheme; it was something
in entirety. It had its several sec
tions. it is true, but as the court bad
frequently said, sections are sim
ply artificial and carry no meaning.
Two different flyings miv ne in the
same section, and on" thing may be
scattered through a dozen sections.
Here is the legislature of . orth *• um>-
lina presenting 1.0 that people a Con
stitutional Amendment upon who.?
Upon tin* subject of the oic'di' e fr.iti
chise. And they make the’;* decima
tion first as to illiteracy.
“One must read and write the Con
stitution. One must pay poll taxes.
Then, as a modification of its restric
tions as to illiteracy a liberal con
dition appended to it. a certain class
of people, to-wit, those who voted on
or prior to the Ist of January, 1897,
and their descendants mi North Caro
lina and in other States are permit
ted to exercise the franchise.
“Nowp here is a scheme presented as
a whole; and with some regard for the
white people of his State, 1 ask the
senator if he believes that the legis
lature would have presented tin*
schemes minus that section—section
5. I think it. is? No. Air. I'resident;
they presented 11 1 i>. scheme of suffrage
as a whole, one part compensating for
another, that called the fifth section
moderating the rigor of the fourth
section, 1 believe it is.
Air. R. D. Gilmer says:
“The position taken by some Repub
lican leaders that section 5 of the
proposed amendment will be declared
unconstitutional, leaving the remain
der of the law, imposing an educa
tional qualification intact, cannot, in
my opinion, be sustained. The amend
ment deals with one subject alone —
that of regulating the right of suf
frage. It presents to the voter a
scheme involving an idea of unity.
Suppose an elector in the election to
be held on this question, next Au
gust, should deposit a ballot “for
Constitutional Amendment except
section five,” such a ballot could not
be considered. He does not vote upon
any particular question, but upon
Ihe amendment as a whole, lie votes
either for or against-. If the voter
could not at the ballot boy reject one
section, and adopt the remaining sec
tions by what process of reasoning,
or in obedience to what sense of jus
tice and right could any court force
upon him a law from w hich one of the
essential features, one of the parts of
a general whole had been eliminated,
making a different law from that
which received bis endorsement at the
ballot-box. The same indestructible
unity in the provisions of the law
which confronted the voter, must and
will confront the court. In the light
of judicial investigation, this amend
ment will either stand or fall as one
structure —and that will stand is my
deliberate judgment.”
Air. AV. AY. Kitcliin says:
“The amendment will stand or fall
as a whole. It is submitted to the
people as a whole. No man can vote
for one section and reject another.
Thus the courts must consider it. if
it ever reaches them. If it is un
constitutional the wnole amendment
fails. If a horse has one bad leg he
is unsound, though he may have three
good ones. So if one section is bad
the amendment is unsound and will
fall. Its opponents can cite tut in
stance in which an amendment has
been sustained at all while unconsti
tutional in a material part.”
I am no lawyer, but from a careful
examination of the opinions of more
than one lawyer on each side of this
question, 1 believe if a majority vote
for the amendment it will stand.
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