Publications of the Mississippi Historical Society, Volume 01 (of 14), 1898 — John Shaqi
Publications of the Mississippi Historical Society, Volume 01 (of 14), 1898Mississippi Historical Society
History
Publications of the Mississippi Historical Society, Volume 01 (of 14), 1898
Mississippi Historical Society
Mississippi -- History
It will be noted that these constitutional qualifications, unlike the
provisions of former fundamental laws, are by the section above quoted
made to apply to electors in municipal elections; the legislature,
however, is authorized to prescribe additional qualifications. And it
has prescribed as such additional qualifications, by the section on
that subject in the chapter of the new Code on Municipalities, that the
voter must have resided within the corporate limits for one year next
before he offers to register and he must not be in default for taxes
due the municipality for the two preceding years.
Much has been said about this constitution, both for and against it;
especially has the "understanding clause," the tenth qualification
as enumerated above, been severely criticised. Thus we find in the
American Law Review of January-February, 1892, the following: "It is
quite apparent that this clause was never intended to be carried out
faithfully. It will be so administered as to exclude the negro voters,
hardly one of whom will be eligible under it, and so as not to exclude
the ignorant white voter. The last qualification, the ability to give
a reasonable interpretation of any clause of the constitution of the
state, would exclude nearly all the lawyers and judges in the state. In
this manner the people of Mississippi endeavor to solve the appalling
problem of carrying on civil government with a mass of voters easily
corrupted and so stolid and ignorant as not to be able to understand
the first principles of their political institutions."
And we find in the Atlantic Monthly, December, 1892, the following
statement in reference to it:
"That it may, and probably will, be put into operation so as
to preclude the negro from voting, while his equally ignorant
white neighbor is allowed the privilege, appears from the fact
that the inability to read does not constitute an absolute
basis of exclusion; for the inspectors may allow a person to
vote who can understand or give a reasonable interpretation of
a section of the constitution when read to him. It is apparent
that an inspector may very easily reject as unreasonable an
interpretation from a colored man, and accept one no whit
better from a white man. Such discrimination in practice would
be very hard to discover."
And Mr. John F. Dillon, one of the most distinguished of American
lawyers, in his address as President of the American Bar Association,
at Saratoga, August, 1892, speaking of this section of the Mississippi
Constitution of 1890, says:
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