Newspapers / Eastern Courier (Edenton, N.C.) / May 3, 1900, edition 1 / Page 1
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IL Wo Onward fy&feXrpwhrjil AYCOGK'S Speaks Before the Convention on Accepting the Nomination For Governor. TELLS OUR PAST EXPERIENCE WITH THE NEGRO. Extracts from his Splendid Speech pf Acceptance. Mr. Aycock Ad dressed the Convention Two Min tesfter His Nomination, Mr. Aycock addressed the conven tion: The language of gratitude ought to be brief, for inadequacy of speech is never so apparent as when it seeks to convey a sense of obligation. I am grateful to you and to the people whom you represent. I cannot tell you how deeply so. My past life and service to the State have so little justified the great confidence which you show in me to-day that I am, made humbly anx ious for all the rest of my life to ap prove to your judgment the action of your affections. This nomination has not come to me unsought, but I can say with truth that I have sought it in hon orable fashion and it has come to me free from the taint of contrivance and combination. For the office of gov ernor itself,- dignified and honorable as it is, made glorious by the records of a. long line of the State's greatest and best men, I have not wished, but I have earnestly desired that manifestation of affection on the part of the people of North Carolina which finds the expres sion in election to the governorship. This unanimous nomination; is a joy to me, because the good-will of my fel low citizens has ever been a thing of delight to me. When I consider the character, the ability, the service, the fitness of the gentlemen who were named in connection with this nomina tion, anyone of whom would have dono honor to the State, I am pressed with the consciousness of my obligation to yon, and with fear of my inability to. meet the demands which yqur kind ness makes upon me. But the fight 'is not mine, nor shall I claim the victory when i s won. The contest this year is to be made by the people of North Carolina and the personality of men Mill cpunt for little. THE GREAT ISSUE. The question for settlement is of the utmost importance. It touches the race question and deals with condi tions. For thirty years our political battles have been fought from time to time along race lines, while we have sought in vain to make the theory of universal suffrage work out good gov ernment and private virtue. We have found by actual trial that it cannot be done. INTELLIGENCE BY INHERITANCE OR EDUCATHN. Senator Cullom tells us in his report of the Hawaiian Commission "the American idea of universal suffrage presupposes that the. body of citizens who are to exercise it in a free and in dependent manner have by inheritance, or education such knowledge and ap preciation of the responsibilities ot free suffrage and of a full participation in the sovereignty of the country as to be. able to maintain a republican form of government." THE NEGRO HAS NOT CAPACITY - TO GOVERN. AH parties have in different ways and to different extents recognized the incapacity of the negro for govern ment. In 1875 the people changed the Constitution at the instance of the Democratic party, and authorized the Legislature to provide for the govern ment of the counties. Under that con stitution the Legislature provided a system of county government by which the justices of the peace in the various counties were appointed by the Legis lature and not elected by the people. These justices in turn chose the coun ty commissioners who appointed the various school committees and passed upon the bonds of the county officers chosen by the people. ALL PARTIES SAY SO. The counties of Western North Car olina gave up their much loved right of local government in order to relieve their brothers of the east from the in tolerable burden of negro government. For twenty years the Republican party waged unceasing warfare upon us against the form of county government adopted by the. Democratic party. They appealed to that desire which has always characterized our people to participate in the selection o the of ficers closest to them. When the Popu list party came into existence it joined with the Republicans upon this Issue and together they won a victory over the Democracy. They came into power with the distinct pledge to re store to the people local self-government, and indeed the act changing the Old system is entitled "An act to re store to the people of North Carolina local self-government," and yet com ing 'into power as they aid upon this distinct pledge they were afraid to trust the negro with the government, and put in the statute a provision for the appointment by a judge of the Su perior Court of two additional county commissioners, and clothed those two with more power than the other three chosen by the people possessed. Fear of negro rule compelled the Republi cans and opulists to introduce for the first time in North Carolina since the Democratic party abolished it under the leadership of that true-hearted and great North Carolinian, Governor David S. Reid, a government by free holders, for this act -distinctly provides that the two additional commissioners shall only be appointed upon the apT .plication of 200 citizens, 100 of whom NOMINATION, shall be free-holders. The Republi cans and Populists themselves thereby, to some extent, restricted suffrage "to those who owned land in rder to es cape from the unbearable 'burden of negro rule in. the eastern counties. WILL ANY MAN DENY. Is there any Republican, is there any Populist who will deny that this pro vision was put in the statute as a safe, guard against the evil of negro suf rage; will any of them pretend that any such provision would ever have been made if only white men could vote? They thereby confess, and they have put this confession in the form of a statute and written it in the law books of North Carolina forever, that the negro where he predominates in numbers cannot be trusted to govern. They themselves declared his unfitness and published his incapacity. GOV. RUSSELL BEARS TESTIMONY. Again in 1897, there came into the executive chair in North Carolina a" man, who in a public speech, had de clared that he was not a friend of the white man, nor a friend of, the negro, but a friend of Man. With his advent to power the negro naturally forgot the days when he was regarded as a sav age and with expectant joy listened to the inaugural address which was u. usher in that new and glorious day uf political equality, but before that ad dress closed we hear this friend of Man warning the Legislature not to turn the cities of the State over to the "ignorant and propertyless elements,' and thereby this friend of Man de clared that, fond as he was of uni versal mankind, he realized that the negro is incapable of governing the cities in which he predominates for surely it will not be contended by any body that Governor Russell had other reference than to the negroes when hf spoke of the "ignorant and property less elements." THE FUSION LEGISLATURE AS ' SENTS. And the Legislature of 1897, violent as it was, determined as it showed it self to be to break all ties with the past and to repeal all Democratic legis lation, followed the advice1 of the gov ernor to the extent of providing for the appointment by the governor in the cities of New Bern and Wilmington additional aldermen to those selected by the people. SENATOR BUTLER'S EVIDENCE. Further confirmation of the unfit ness of the negro to govern may be found in the open letter which Senator Butler addressed to the people of North Carolina just before the election in 1898, in which he pledged the Popu list candidates for the Legislature to introduce bills providing a special form of county government for certain eastern counties where necessary. In what eastern counties did Senator Butler suppose a special form of coun ty government was necessary, and why was it necessary? Plainly he meant in those eastern counties where the negro predominated and because of the unfitness of the negro to rule. SENATOR PRITCHARD'S OPINION. A more recent and convincing evi dence can be offered. Senator Pritch ard. in his speech delivered in the United States Senate on, January 22 1900, uses this language: "In the very nature of things it (negro domina tion) cannot be. From the earliest dawn of civilization to this good hour the great white race has given to the world its history, its philosophy, Its laws, its government, and. its Chris tianity, and it will continue to do so.' WHAT H. L. GRANT THOUGHT. In a recent speech delivered m GoldtSboro by Maj. H. L. .Grant, before theuiepublican convention of Wayne county, he declared "that the negro could not longer hold office, and that for twenty years he had fought to put down the idea of negro supremacy that while the negro, under the con s$tution, has a right to hold office Dublic sentiment was stronger than law, and public sentiment was opposed to the neero holding office." Indeed it has become the fashion among Repub licans and Populists to assert the un fitness of the negro to rule, but when they use the word rule, they confine i to holding office. WHAT THE WHITE FOLKS MEAN when we say that the negro is unfit to rule we carry it one step further and convey the correct idea when we declare that he is unfit to vote.' The causes which have brought about this consensus of opinion have in large measure forced themselves on public attention- within the last few year3. We have had but two periods of Re publican rule in North Carolina, from 18S to 1870. and from 1896 to 1893. That party c6ntains a large number of respectable white men, but the negro constitutes over two-thirds of its vot ing strength. Government can never be better nor wiser than the average of the virtue and intelligence of the party that governs. The Republicans insist that we have never had negro rule in North Carolina, that the Republican party elects white men to office, and that this fact gives us a government by white men. GOV. RUSSELL MISSES THE POINT. Governor Russell, in his message to the last Legislature, vindicates himself against the charge of appointing ne groes to office and proudly boasts that out of 818 appointments made by him not more than eight were negroes. He misses the point which we made and make against him and his "party; it is not alone that Governor Russell rut 'the eight negroes in office and hi3 party a thousand more, but that the EDENTON, N. 125,000 negroes put HIM la office over me votes of WHITE men it is the party behind the officerholder that governs and not the office-holder him self. There is no man in the Sta.tR to day more certainly conscious than Governor Russell that he has failed of his purpose because he had behind him the negroes of the State and not the white men. WHITE OFFICERS DOMINATED BY NEGROES WON'T DO. We had a white man. for governor in 1870 when counties were declared in a state of Insurrection; when innocent men were arrested without warrant by military cut-throats; when the writ of habeas corpus was suspended and the judiciary was exhausted. We had a white man for governor in 1898 when negroes became intolerably insolent: when ladies were insulted on the public streets: when biirelarv in our chief city became an every-night occurrence when sleep lay down armed' and the villianous centre-bits ground on ihe wakeful ear in the hush of the moon less night;" when more guns and pis tols were sold in the State than had been in the twenty preceding years: when lawlessness walked the State like a pestilence and the governor and our two Senators were afraid to SDak in city of 25,000 inhabitants, THE NEGRO GOVERNS . THROUGH HIS OFFICE. It is the negro behind the officer and not the officer only that constitute ne gro government. Major Grant now re pudiates Congressman White and draws the color line against negro of fice-holering, but it has not been two years since a Republican convention, composed in part of white men, ap plauded to the echo the declaration of White that the industry o'f negro office-holding had but fairly begun. We have taught them much in the past two years in the University of White Su premacy; we will graduate them in August next with a diploma that will entitle them to form a genuine white man's party. THE PEOPLE HAVE DECREED IT. This movement comes from the peo ple. Politicians have been afraid of it and have hesitated, but the great mass of white men in the State are now demanding and have demanded that the matter be settled once and for all. To do so is both desirable and neces sary desirable because it sets the white man free to move alone faster than he can go when retarded by the slower movement of the negro neces sary because we must have good order and peace while we work out the in dustrial, commercial, intellectual and moral development of the State. , THE PROBLEM SOLVED. The amendment to the constitution is presented in solution of the problem. it is plain and simple. It proceeds along wise lines. It is carefully and thoughtfully drawn. It stayslnside of the fifteenth amendment, and, never theless, accomplishes Its purpose. I, adopts the suggestion of Senator Cul lom and demands the "existence of sufficient intelligence either by 'inheri tance or education,' " as a necessary qualification for voting it requires of the negro the qualification by educa tion because he has it not by inherit- jahce and demands of the white man ionly that he possess it by inheritance it does not sweep the field of expe- Luients to disfranchise the negro which is held constitutional in the Mississippi case, but seizes upon his educational unfitness and saves the whites from participation therein by boldly recog nizing the claims of their hereditary fitness. WHO DENIES THE SUPERIORITY OF THE WHITE MAN. The amendment makes a distinction between a white man and a negro, but it does so on the ground that the white man has a knowledge by inheritance which the negro has not. Has the white man such superior knowledge? Will any man deny It? Will Senator Pritchard deny it? Hear what he said in his recent speech in the Senate. "It is absurd to contend that there Is any danger of negro domination in North Carolina. In the very nature of things it cannot be. From the earliest dawn of civilization to this good hour tho great white race has given to the world its history, its philosophy, its laws, its government, and its Christianity, and it will continue to do so." Why, un less the white man is superior? Will Senator Butler deny it? Ask the Caucasian, evidently named in honor of that great race. Will Governor Rus sell deny it? Surely he will not assert that unlettered white men are no bet ter than "savages." If then it be true that unlettered white men have a knowledge of government superior to that possessed by unlettered negroes I want to know if Senators Butler and Pritchard and Governor Russell want the Supreme .Court to hold that the fifteenth amendment demands a LIE. THE DEMOCRATIC TRUTH. The Democratic paTty knows the truth It is certain that the unlettered white man is more capable of govern ment than the negro. It is so certain of It that it has put its opinion in writing has printed it in the laws o 1899 has submitted it' to the people and it now challenges any white man in North Carolina to deny it: Republi cans are professing a special love f ot the poor and unlettered white man, but at the same time they assert that the law can make no distinction between him and the negro.- .The Democratic party takes the true, bold ground that a white man is superior to a negro and that the law of man will follow the law of God In recognition of it. If we are wrong about this, then Go pity, us for that sense of superiority which beats with our blood and boastfully exclaims with St., Paul "I am free born." , THE CHILDREN WILL LEARN. But the opponents of the amend ment attack it on another ground. They say that every child who comes of age after 1908, white and black, must be able to read and write before he can vote. . This is true. The amend ment does so provide. We recognize and provide for the God-given and hereditary superiority Of the white man and of all wnite children now thirteen years of age, but for the fu ture as to all under thirteen we call oh. them to assert that superiority of which we boast by learning to read and wrjte. The schools are open and rill 0., THURSDAY, MAY - f - : - be for four or iQrenonths &verjrar irom now to pThe wBlte tld under thirteen feoi.rtlI notf learjiito read and write -,-t, next eight yu'S will be withouf xcwe. 0 THE DEMA $QOrnrS INSULTS With the adrt tlon f our anendttent after 1908, ther? IwUipeAd State inghe Union with a lrer percentage- of toys and girls who isi; rjfad and "write :jjDd no State will forward; friitt -$re celerity or cert fetyffhan et&Bervavo old North CarifinaThe sfay-i"he ! miserable dema frgui. who seeks to 'er- ! petuate illltera Jn &ie State wfU ten have happily pj Jftsedforever" THE NEGRO "luS'Ki'AYiitSi.L There is -onethej provlsion ot ihe amendment to JicKl mufjjt adrt, and that is the teynffent of the poll tax by.March 1st of f tectum year as a Epm dition to votir. 'lt largest paJrjoi' the poll tax gees tfeijpubliceducia3on under the". cons itutigi. If? our libya are to be educKied sla condition $re-i cedent to votir fefr 1908 J their no man who wiUJitot fitatribufe to ihan end ought to . Ste. kNearly,all wiitd persons liable;1 pog;; tax piy it i-pw.' If the negro vits Sto xoth it inp hardship on hi .thsjLlie shoiild be? re quired to pay r. ti'to the smpjoi of those schools which hisrae jets . more than it iysioltbe public tdj THE lGHr: IS OH. & 1 The various sJovisjhs bfHe amrgjd-'" ment work together-for gpoi to sal men. We arefsoing-i: to carry em through to sul Jess.jThe fight is ion. . We unfurl ane th? old ibanne t Democracy. Wd ihscube therjson Wftite supremacy andVits perpetuation.,; gli der that banned :Vey halt win, : jnd when we shall-ave tmi, wef will !pive peate in the laJ& Sthere will be st from political tterjfess ana race Jin tteriiess and race ln- tagonism. Ind &lyllll hate' a eat outburst. Frej irothe necessity of voting accordiiW;to:ujr colof, weBljall have intellectual 3freom. : Error grill come face to faalwifH-truthJand E&all suffer that finitcruilng j which he poet denies to JrithWithrf-eedor:'of thought will coH. independence olfac tion and publicVQesttfms wift stah or fall in the cou of rsason nd neof passion. To tlse great . ends Irjoej your unceasing actf irity during -the' present campaiix.. ;ilet your worlS be with zeal and. emesjsess. ? Remenjbei that the pease feC thState'is at s"tke. Do not forget .bat Jaesafty of jiut women is deleft lent ftpon itiLadiere-i fugeed from Jilnjtfton in 189?? as they did beor the advance of Sher man in 1865. pe county in whic,w are assembled"?! navied in honor tit a woman. Esth& Waiste. : f EVERY MOCRIS A &UEErfgj The city In liichrlwe are is naiaed for that gallanC gen5;man jvhose teapst famous act am'jng hi"mah great y.nd illustrious deef i is yat he; spread hi a cloak upon th' ' groyid inf order hat his queen mig t rk dry-shod. In North Carotin ;in efry home theiJ is a queen wife,: sisterj mother or daiajh-r LET US RES 5CT 0NE ANOTMR. Let the adoption , f the' amendn&ift ' furnish us the f efeasin for i betterTin drstanding Ce with aother;ind while restoring to white men the ri"$ht-. ful superiority' vhfcA God jgave tfgm, let us, in tb,e tsurSce of 3etter gov ernment, learij kot Iteration only3ut respect as wel'for $ie viees of tgbse opposing im. Un! coding together -for the common i od ss shal forget-the asperities of -h est: y$ars and shalK go forward into ' tttfentietli centur a united peopled trlvSg with zeal rnd in generous alrfor tle mateial, intellectual a,f 03 upbjuildingof the State. ' P f :J' AN ERA tl:'G(g)D FESlLING May the erft god feeing anpie us be the outcif ofphis contest,, fen" we shall learn- It wi, do not - alrdyj' know, that w lS uversalfsufr3 Is a failure, unif4H&lfa8tice fls the per petual decree 1 Alifelghty God, 'and that we are e3(t:ustjJd with? powerol for our good aae); ,-fjit for the negtiT as well. We hfcf ouV-title to noweiC by the tenure of fryic to Go, and lwe rail to aammu er eiai ana exact us tice to the 'fieCfd wqm wef depriy oi suffrage we sfc tlf ih the fullnee' of time lose powt ourselves, for we tusW know tnat tnuoajwno isuove trysts no people witi, authority Mr the 'pur pose of enabling-, ttefem to do injuijlce to the weak. Me. dswell to rejoi3 in our strength gidtopake deiight irrSour power, but weVill o better still v,;)jen we come fudlj-to'pw thgt our lght to rule has be i transmitted to us boui fathers thrOu&ji erwiries r Kt . toll nd sacrifice, suffering fd deatfi, and &eii work throughr afl. Hose centuries 'has been a striving tjo Qfecute .Jadgmeiati in righteousness . HIS BEAUtlFULJPEROlATIO The morninafe new century there is work-to b done. The -bid, old combat beweeFTreedoin and rc is even now &n "ys andhe mi,it5 roar of traffi anj -industry cannot, drown the tre&endBas din of thht iion flict. Our industrial are to be mlUl plied, our commerC:. increased. WtJart to have an edwatiaal awakening-thai " shall reich ev'eTy''B'nr and daughter, ol North Carolina. VgB may not gro-;? icj numbers as- rajiMlpS as Isome ejlher States, but. we' shat mulOply mstny times the ffetlve;!4)0wer; the $at in the riext ten'fers bye streiigtb which cornea if roiit-the wie diffu.i'ior of knowledge Hi " It is my bappli&s to ihave eeri nominated byj ybur thet goveorJ ship of that J Statin ptAch liese things are tk bejddne. I .liall come t that great off Ice elecNd withf - ar) honest desire Vve f 4,ihfuUy'an( J wen. i snail xa;vt,-jju eueujiea uu ish and no ifrivatejhds tol iaip.. t Miall be the servant: of e whole jeopl? ol the State. Arcyf3ich Hnd pqer fuj? Theh, I shallr aeet iou as hoax equal; for srirely h;who 9is garnered this harvest of hearts hkf a gcdly heritage, and possesses a power wiIcTi only foily , ?anjrsipate; ArV?,iypu poor? Still I aitt-ur equal, pessjess ing no other Tichti: than- ihe lar& ot my friends. I sha ;respect the rights of property and njoice ins prosperity, but I shall not lot get that they ,who toil constitute1 4 no.;only j the . largest class of 6ur peopl but I from peir labors calL spare lifle time to "rge their views uponthose tvt;hom iey have chosen to serijs-them. 3, 1900. Ml Hon. jjines E. SRepherd swers Questions. HE GIVES THE FACTS ANj - SAYS 4 Jj? The Amendment. Not Unofrp&titu tipnr' Explains the S Situation Fun! -. H;.; : . , The flowing letter and opinion by Hon. Jia&ies E. Shepherd, ex-C jset Jus tice of the Supreme Court, waf written by him-;ln reply to a letter Seceived from ajpromlnent Democratin the fetate, kking hi opinion, upone two questlo discussed in hi3 lettr,: ' .Deaif 3ir: I do not understj)4 that ,in- refence to your first ' qvi'Bti6n (that isjls to theconstitutionall'of the proposed amendment , to our S;-te con stitution you expect me to iftite an opinioi?.'! I am glad of this, ': aj3 the ground 3 so completely coveri by the 'able arguments of Judges 4xrimon "and Cofinor, Representatives It untree amd Winston (who I think V'efe in charge; f the bill), Maj. Guttle, Mr. BusbeeJklr. Simmons and oth;v prom inent igntlemen, both in andj-outside of the legislature, that anjiing 1 might iy would be but meedlf (s repe tition. lr will, therefore expcjss my concurriirice in' the concjusij'it ; they have rsachedT that the anaidment is ntt iS conflict with the Fedvft.Con- Btitutida and the amehdmenta".hreto. BUT StPPOSE SECTION 5 NUL- !S LITY? 2. Tje second question pui5'hy,you is, whether if section 5 were d eclared Unconstitutional the other paJ of the, proposal amendment relating i?',an ed ucations! qualificatfllion, etc., i)Uld be held valid. In view of the decisions of the Supreme Court of thtIfnited States S cannot understand !ba('ii there can be i,ny doubt as to the pt3?er an swer, iji ' . jjj V S'dME CASES LN POIM".. In- fifellock vs. Farmers' i,tCjan & Trust !o.. 158 U. S., 601, it i3fid? "It iffelementary that the ssie stat ute ma be in part constitutijval and in pariunconstitutional, an?- if the arts ae wholly independent Jtt each other, that which is constitutional may stand ifhile that which is un.j institu tional iill be rejected. Anr'v in the case bore us there is no qu tion as too thei Validity of this act, ex-jpt sec xioms twenty-seven to thirty-. en in Icjusivegf which relate to thishbject' wnian:tas Deen under discuss j j, : ,WHAT THE RULE P$'-, And! jas to them we think t ie rule laid diwn by Chief Justice t.viaw m Warreaf vs. Charleston, 2 Grr .84, is applicable, that if the differ,t parts 'are so-mutually connected witl -ind de penjdeilt on each ' other, ' as ess "iitions, considrations, or eompensapns for each oiher, as to warrant a bef that the legislature intended tht as a whole and that, if all could n$.be car ried iigto effect, the leglslatu. would not pass the residue indep-dently and sbae parts are unconstjjtional, all the provisions which aret rtis de pendent, conditional-or conaecfe id must fall wfth them. Or, as the pot Is put by MrJustice Mattlhews in FHi adexter vs. Grenhow, 114 U. S-; 270,5344. "It is undoubtedly true that therjinay be cases wlhere one part of a sta i tfe. may be enforced as constitutional, 4Bd an otherle declared inoperative jd void, beeause unconstitutional; but. ese are cases iwihere the parts are so (ft 'jiinctly 'separable that each can staJ alone, and wliere the court is able td'fjee and 'declare- that the Intention of " j3 legist latureyas that the part p;tbunced valid fsfhoufd be enforceaW ' even though; the other part should - ill.- To hold otherwise would be to a pstitute for the 'hew law intended by te legis la!turetf one they may .never -h e been willing, by itself to enact." : - The'pTiBflciples thus declare; by the courtiare not denied in the dl sen ting opinions.' Indeed, they are (needed, .but it was contended that the-"did not apply-the case, under conspiration, Inasmsfch as the sections of tt'act re latingfia a tax upon incomes'1; derived from cjther sources, than rent and in vestedersonal property (wht-"J latter were heid unconstitutional) wt4 e clear ly separable and admittedly ,;forcea ble without reference to th4 invalid sections. The court held, pwever, that 1(hey were all the parts of scheme that iSiist be considered as whole, and that air of said sectionst alid as well aj invalid, were void, "if is upon the ground that the lawmak a, could "hot Ihive intended that any 'A'':- those sections should go into effcs-' inde pendeiftly of the others. ANOTHER CASE IN PO;f . Agaj, In S prague vs. Thomon, 113 U. S.1390 (cited and fully apfroved in the ge just referred to), i appears that the legislature gt Georgs : passed a conjfiulsory pilotage law. w ch exr cept4d? from its operation "piasters" in Georgia and between the"orts of Georgia and those of South Jarolina and Florida. These excepting were hejd til be illegal discriminate s under an. aet of Congress and therein void The curt said: &s '.' "Itiras Iheld, however, by i he Su. DremetCourt cf Georgia, in 'm case now before us, that so much o.f ifae sec - tlon is "makes these illegal etc ptions may a disregarded, so that tji" rest of the section as thus read ma 'j " jtand, upon; She principle that a ' parable partt; a statute which is uiii pnstitu ticnal'may be rlfected, and th;! remain der reserved aiM enforced. But the Insuperable difficulty with th-' sipplica- tion tnat principle -or co$ruction to tnft present instance is, in joy re jectihg the exceptions intend ' fry the leslature of Georgia the ,s;itute is madeiJo enact what confesptflly the legislature never meant. f THE LEGISLATIVE INTEN' - MUST riNOT BE DEEEATEjCi: It cifers upon the statute i Bgsi live Deration, beyena tne tsjEsiaflve Intent and beyond what any J sue can say It would 'have enacted' ii view of the illegality of the except! We ire. therefore, constrained to h Md that .the previsions of sections 1j I of the pode;iof Georgia an not be jl arated AMENMT so as to reject the unconstitutional ex ceptions merely that the whole section must be treated as annulled and abro gated by section 4237 of the Revised Statutes." The facts In these cases are stated because they serve to show how. far the court has gone In holding an entire law void by reason of the unconstitu tioneJity of a part only. It will bejOD served that in these instances S0re was absolutely no difficulty p. separ ating and enforcing Valid parts and that the decisions were based purely upon the principle that .the law makers could not have Intended to have assent ed to the law in its expurgated form. The case of Sprague vs. Thompson (supral) is so clearly analogous td. the question under consideration that tori my mind it puts an end to any contro versy upon the subject The act , of Congress provided that, "No regula tions or provisions shall be adopted by any state which shall make any dis crimination in the "rate ot pilotage or half pilotage between vessels sail'ng between the ports of 'one State and vessels sailing between the ports, of different States, etc." It seems that before the passage of the act there was no compulsory pilotage law in Georgia as to any vessels whatever. The legis lature attempted to - impose pilotage fees upon all vessels except those sail ing between the ports above mention ed. It had no intention of imposing these restrictions upon the vessels within the exceptions, but if these dis criminating and illegal exceptions were simply stricken out or disregard ed the act would then have applied to all vessels, thus including those the legislature had excepted. The court, as we have seen, declared the whole statute void because the statute "would be m'ade to enact what con fessedly the legislature never meant." According to the present constitu tion THE PROPOSED RESTRICTION AND THE EXCEPTION, no educational qualification is requir ed and "illiterate persons, white or black, may vote. The proposed amend ment, section 4, provides for an educa tional qualification, but in the 5th sec tion it is proposed to except from this requirement all male person who on January 1st, 1S67, or at any" time prior thereto were entitled to vote under the laws of any State of the United States wherein they residedland also thelineal descendants of such, persons. THE OBJECTION BASED ON THE EXCEPTION. It. is urged that the exceptions are void because they discriminate In fa vor of the white and against the negro race, and that by reason of such dis crimination the right of a large num ber, of negro voters is abridged on ac count of their "race," color or previous condition of servitude." Now, it is manifest that if the exceptions are ev er declared void it must be so declared because of this alleged dlscrimdaiatin purpose of the lawmakers that is to say, that their real intention was that the educational qualification should not apply to the present illiterate whites but to the illiterate blacks. There can, I feel sure, be no escape from this position. THE OBJECTION CAN NOT BE SUS TAINED. If, hen, such was the intention of the lawmakers, that is to say, that the whites should not but the blacks should be subject to the educational qualifica tion, how is it possible under the prin ciples above stated and especially unier the ruling in Sprague vs. Thompson, that the courts cam disregard the ex ceptions and sustain that part ef the amendment repuiring educational qualification for the Whites as well as the blacks, which it must necessarily declare was not really intended to be the law. THE LEGISLATIVE INTENT GOV- BRNS. To so hold "would fin the words of the eourt) be to substitute for the law intended by the legislature (or .the people) one they never have been will ing by itself to enatct" or adopt. There is, as the court says, "an insuperable difficulty" in reaching such a conclu sion. Authorities may he multiplied upon this point, but as it a Federal question and must, if ever tested, be determined by the Supreme Court of the United States, it is deemed unnecessary to cite anything in addition to lis own decis ions, which, in my opinion, seem to put the matter entirely at rest. OBJECTION CAN NOT BE MADE TO SECTION 5. There Is another view which I think is equally conclusive. It 43 of course apparent that it is not section 5 that can be made the" point of judicial at tack. That section neither abridges suffrage nor confers it upon any one, and if it were stricken out the educa tional restriction would still exist as to both races. The former slave or his descendant has no standing in court simply -for the purpose of preventing whites or any other race from being exempted from an educational qualifi cation. There is no question of the competency of the lawmakers to lm pose or dispense with such a restric tion. ' THE ONLY LEGAL GROUND COV ERS THE WHOLE PLAN. The only ground that the former slave can take is that his right to vote has been abridged on account of race, color, etc., and his attack must and can only be directed against the very clause imposing the restriction. In or. der to remove tne restriction , It is plain that the restriction itself must be assailed; and It 3 claimed he can do by showing in view of the exceptions contained in section. 5, so much for section 4 which imposes an educations: L Qualification is unconstitutional, In that it Is but a .part o fia scheme to abridge his right to vote, on account of race,, color, etc,, and therefore in con filet with the J.5th amendment. IF ANT PART FALLS ALL MUST FALL. If he should succeed In his conten tion, then it istlear that the clause imposing the educational qualification must be declared void as to both races In conslderaficnjof the principles de clared by the. highest tribunal in the l,and I really can not entertain a doubt as to the correctness oi tnis conciu sion. - Respectfully,. ' -- . JAS,,E, SHEPHERD 't-.-w- -?:,XC. Cv ''?'i.:"r.5-"V"r r - - - - -- .. -- ..- . NO. 47. HOUSEHOLD MATTERS. Biscuit Work CaahJoni. Bisouit-work cushions are among the latest things out in the way of fancy work. They are made of little' balls of cotton covered with bright-,' colored silks or ribbon. The balls are7 all stitched together and sewed on to the silk or" woolen foundation, which " is made into a ease, which buttons over a square pillow of down -ox feathers. The effect is very handsome.? The sending of a biscuit pillow or cushion is understood to mean that the recipient "takes the cake." Soma of the little silk-covered balls are delicately tufted to resemble a bis cuit. Arranging the Table -For a Formal Dinner. The plates, which should be placed?' at even distahoes apart, usually two ; and one-half feet, should be as hand- -some as one can afford, and the silver - is arranged with two dinner forks, a . fish and an oyster fork at the left of each plate. At the right are two din- -. ser knives and a soup spoon. Fish - ' knives are no longer used, the fork ' being considered sufficient to -cut the fish. ' A oat-glass or Bohemian glass . .goblet for water should be - placed - at . he right. The goblet is now deemed : more elegant than the tumbler. The ice-water is not placed upon the table,. nowadays, but is left on the sideboard iu glass pitchers, from wnica it is. feerved by the servant when negded. The floral decorations vary according to individual taste. A centre-piece; should never be too large, and should -never extend within a foot of the plates, nor be so high that the guests cannot ook over it. Woman s Home Com ; paniou. Beauties of "Blue Rooms." There is no color so valuable in decoration as blue, nor one from which eo many schemes may be evoivea. For a sunny room blue may be used entirely, as far as wall-papers, carpets or draperies are concerned, or blqe and green. A blue and greenroom ooks best with green stained farm- - lure, and is more appropriate for a ibraryor bed-room, but as this furni- , ture is found sometimes in dining rooms and halls it may be used there also. . , An artistic though inexpensive din ing-room for a small house -canjoe well carried put in blue and green. As - there will be but little space the walls" may be painted in pale blue, and the wood-work should be in a deeper shade. A square of blue carpet should cover the floor, and the window curtains . should be of a bright shade of green. A nice suit o green-stained and red- ; seated furniture, consisting of side board, table, two armchairs and four small chairs can be bought at a mod erate price, .and these with some blue i Ml 1 1 flf aud wnite ornaments win iook euec- tive. Convenfent Book Weights. Nothing harms a handsomely bound oook more quickly than to "stand on astrain." When placed in this un gainly position on the book shelves-' intended to stand upright, but lean ing crookedly to one side because of extra space the binding soon . be comes loosened, and the volume takes en a look .of want of care. Extra volumes to fill iu the, space and keep each book in a firmupright position; iannot always be 'had, and it is then we realize the advantage of the book weight. ' t ' These book weights are among the latest ideas in library conveniences. , They are intended to stand on the, shelves Or desks at the ends of rows of books. They come in various formsj and styles triangular, cube, octagon' and wedge shape. Everyone who has ever attempted to set a row of books upon .a shelf or, table will realize the convenience of articles of this sort. Square blocks! of granite, marble or agate are always;' useful. Blocks of onyx framed in; silver are very handsome, and the! plain blocks of onyx are also usedJ but these prove rather expensive, and) no more convenient than -the cheaper; weights. "With so many conveniences for book marking and binding and hold- . ing in proper positions when stcred, upon the shelves there is no rea- son why the book-lover should not' own a fine collection of the works of favorite authors and keep them in at lractiveform air very slight expense. llecipes, Apples Fried in Batter Beat three eggs well, add a tablespoonful of sugar and -three of flour slice the ap ples; dip them in the batter and fry m butter; take them up, jjprinkle with powdered sugar and serve hot. ' -j ' Fruit Jelly Dissolve one-half box, of gelatine in twice the quantity of water (it will require about one hoar to do this) ; add the juice of two. lem ons and strain; when it begins to thicken add two oranges, cut up, two bananas, one-quarter of a pound of figs and one -quarter of a pound of English walnuts and . set away to cool. Cheese Canapes Cat bread into ilioes one-third of an inch thick. Cat these into rounds with a biscuit cut ter or remove the ornsts with a knife and serve in squares. Season with ioaxe grated cream, cheese -with cay enne pepper and mustard. Fry the" bread in butter. As the bread browns remove to a pan.- Sprinkle- with kthie grated cheese and place in a hot oveu until the cheese has melted. - Chicken Cutlets Cook half a cap . ful of flour in one-third of a cupfal of batter, add one enpfal of stock,' one third.cf a cupful of milk, a. - beaten -egg and a pint of chopped chicken. Beason with . letel teaspoonfnl salt, saltspoonfui pepper. When oold form into cutlets, dip in egg and bread trumbs. Press a duchess potato-mix-; ture around the edge of each. Bake until brown. Till the spaces with; peas. Only one-half can of peas is I needed, , . .:. .vj . i r 3 - .
Eastern Courier (Edenton, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
May 3, 1900, edition 1
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