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
The changes in the suffrage laws between 1865 and 1870 indicate what
might have taken place had not the United States interfered with the
Fifteenth Amendment. The Reconstruction Constitutions[675] of the
Southern States in 1868 and 1869 extended the suffrage to Negroes. These
Constitutions, however, did not express the will of the Southern white
people at the time in regard to suffrage. The Constitution of
Maryland,[676] of 1867, permitted only white persons to vote; and that
of Nebraska,[677] of 1866–67, under which it sought admission to the
Union, did not give the suffrage to Negroes.
Negro suffrage was voted down in New York[678] in 1868, as it had been
in 1846 and 1860, by a vote of 282,403 to 249,802. By the act of
territorial government of Colorado, of 1861, suffrage was restricted to
white persons. But an act of the legislature[679] of that Territory,
enacted in November, 1861, seemed to extend the right to vote to
Negroes. This was amended,[680] however, in 1864, by expressly excluding
Negroes and mulattoes from the suffrage. The legislature of
Connecticut[681] of 1865 proposed an amendment to the Constitution
whereby Negroes would be given the right to vote, the same to be
submitted to the people for their ratification. Minnesota[682] and
Wisconsin,[683] in 1865, submitted constitutional amendments providing
for Negro suffrage. According to Representative Hardwick,[684] of
Georgia, “Negro suffrage was rejected by decisive majorities.” It was
after the 1865 Amendment had been defeated at the polls in Wisconsin
that the Supreme Court of that State, as has been seen, held that
Negroes had been given the right to vote by a law of 1849.
The word “white” was stricken from the Constitution of Iowa[685] by the
legislature of 1867–68, and this action was ratified by a vote of
105,384 to 81,384. Minnesota[686] amended its Constitution in 1868 so as
to extend suffrage to Negroes. On December 30, 1867, the word “white”
was stricken from the election laws of Dakota Territory.[687]
On June 8, 1867, Congress passed, over the President’s veto, a bill
first introduced in 1865 establishing Negro suffrage in the District of
Columbia. Before its passage, provision had been made by Congress to
submit the question to a vote of the people. The extension of suffrage
to Negroes was rejected by a vote of 6,521 to 35 in Washington City and
812 to 1 in Georgetown. In spite of this vote the Thirty-ninth Congress
ordained Negro suffrage for the District. After four years, the
government of the District was so changed that suffrage was taken from
all the residents. In 1866, Congress established Negro suffrage in all
the Territories of the United States.[688]
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