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
At the time of the ratification of the Fifteenth Amendment, in 1870, the
following States still restricted the suffrage to white persons:
California, Colorado, Connecticut, Delaware, Indiana, Kansas, Kentucky,
Maryland, Michigan, Nevada, New Jersey, Ohio, Oregon, and Pennsylvania.
Illinois[689] adopted a new Constitution in 1870 which omitted the word
“white.” Missouri[690] amended its Constitution on November 8, 1870,
after the Fifteenth Amendment went into effect, by erasing the word
“white,” and Virginia,[691] in its Constitution of 1870, extended the
suffrage to “male citizens.” It is needless to say that all the
Constitutions adopted since 1870 have omitted the word “white” from the
suffrage qualifications, so it is not worth while to note the various
Constitutions and Amendments that have been adopted since that date. But
in some State Constitutions which have not been changed within the last
forty years, one still finds the provision that only “white male
citizens” are electors. This is true of Maryland.[692] Attempts have
been made to amend the Constitution by erasing the word “white,” but the
objection has been made that it is null and void[693] anyway by the
Fifteenth Amendment, and that it would be too expensive to call a
constitutional convention or hold an election solely for the purpose of
erasing a “dead” word.
The history of the ratification of the Fifteenth Amendment—the
opposition it provoked and the means that had to be adopted to procure
its ratification by the Southern States—is found in the records of
Congress, newspapers, and political discussions of that day. Very little
of it has been preserved in the laws of the States. In the following
resolution by the legislature of Oregon[694] is found one of the few
traces of the opposition to the Amendment occurring in the laws of a
State outside the South:
“Whereas, the State of Oregon was, on the fourteenth day of February,
A.D., 1859, admitted into the Federal Union, vested with the right to
declare what persons should be entitled to vote within her boundaries;
and until she, by her voluntary act, surrenders that right, the Congress
of the United States has no authority to interfere with the conditions
of suffrage within the boundaries of the State of Oregon: and
“Whereas, the Congress of the United States, by means of an arbitrary
majority of votes acquired by the power of the bayonet, has sought to
force upon the several States the so-called Fifteenth Amendment to the
Federal Constitution, in direct violation of the terms under which the
State of Oregon was admitted into the Sisterhood of States; therefore
“Be it resolved by the Senate, the House concurring:
“That the so-called Fifteenth Amendment is an infringement upon the
popular rights, and a direct falsification of the pledges made to the
State of Oregon by the Federal Government.
“Resolved, that the said Fifteenth Amendment be and the same is hereby
rejected.
Public-domain text, read in full here on John Shaqi.
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