Race Distinctions in American LawStephenson, Gilbert Thomas
History
Race Distinctions in American Law
Stephenson, Gilbert Thomas
African Americans -- Politics and government; Law -- United States -- History; United States -- Race relations
Footnote 644:
Thompson v. Texas, 1903, 74 S. W. 914.
Footnote 645:
McPherson v. McCarrick, 1900, 61 P. 1004.
Footnote 646:
Raleigh, N. C., _News and Observer_, Feb. 17, 1910.
Footnote 647:
Whitney v. Texas, 1901, 63 S. W. 879.
Footnote 648:
Laws of S. C., 1865, pp. 278–91; 1866, pp. 387–90.
Footnote 649:
Pace and Cox v. State, 1881, 69 Ala. 231.
Footnote 650:
Pace v. Ala., 1882, 106 U. S. 583. See also Ellis v. Ala., 1868, 42
Ala. 525; Lord v. Ala., 1875, 53 Ala. 150.
Footnote 651:
Laws of S. C., 1865, p. 271.
Footnote 652:
Laws of Fla., 1865, p. 24.
Footnote 653:
Laws of Ky., 1865–66, p. 42.
Footnote 654:
_Ibid._, 1869, p. 52.
Footnote 655:
Laws of Mo., 1903, p. 161.
Footnote 656:
Laws of Ky., 1904, p. 83.
Footnote 657:
Laws of Del., 1866–69, p. 161.
Footnote 658:
Laws of Miss., 1866–67, pp. 232–33.
Footnote 659:
Laws of S. C., 1866, p. 405.
Footnote 660:
Boston _Post_, May 22, 1909. The volume of New York reports containing
this case is not yet accessible. It is referred to, however, in 117 N.
Y. Sup., p. 116.
CHAPTER XI
SUFFRAGE
The Fifteenth Amendment to the Constitution of the United States,
ratified on March 30, 1870, reads: “The right of citizens of the United
States to vote shall not be denied or abridged by the United States or
by any State on account of race, color, or previous condition of
servitude.” In the face of this unequivocal constitutional provision, it
would seem impossible to have a legal race distinction in the matter of
suffrage. It is plain that, if a State or the United States makes a law
that in any way denies or abridges the right of a citizen to vote on
account of his race, such an enactment is in violation of the Amendment.
The only State or Federal statute or State constitutional provision
involving a race distinction that would be valid under the Fifteenth
Amendment would be one that did not amount to a denial or abridgment of
the right to vote. For instance, a State might require white and Negro
electors to cast their ballots in different boxes, or in different parts
of the booth, or even in different booths; or it might require them to
register on different days, or before different registrars. If the Negro
was given the same opportunity to register and vote as the white man,
the requirements of separate registering and balloting would be race
distinctions in the matter of suffrage, but they would not be denials or
abridgments of the right to vote and, hence, might be supported under
the Fifteenth Amendment. Any such requirements have not been found in
the State Constitutions or statutes; they are only suggested as possible
race distinctions which might be permissible.
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