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
against the Negro race, the Convention discriminated against its
characteristics and the offences to which its criminal members are
prone.”
Beginning in 1890 the Southern States have, one by one, adopted new
Constitutions or amended their old ones so as to change considerably the
qualifications of voters. Suffrage amendments have been adopted by the
Southern States in the following order: Mississippi,[710] 1890; South
Carolina,[711] 1895; Louisiana,[712] 1898; North Carolina,[713] 1900;
Alabama,[714] 1901; Virginia,[715] 1901; and Georgia,[716] 1908.
Maryland[717] has made two separate attempts, one in 1905 and the other
in 1909, to amend its Constitution, but has failed in both instances.
Florida, Arkansas, Tennessee, and Texas have not made any constitutional
changes in the matter of suffrage which might be called “Suffrage
Amendments.”
The phrase, “the Suffrage Amendments in the South,” has been used so
often that the idea prevails among those unfamiliar with the laws on the
subject that suffrage qualifications in the Southern States are
fundamentally different from those in other States. With the hope of
making plain wherein suffrage laws in the South are similar to and
wherein they differ from the corresponding laws of other States, a table
of the qualifications of electors in all the States and Territories of
the United States, including Alaska, Porto Rico, Hawaii, and the
Philippines, is given (see pp. 322–339). The requirements for voters
will be taken in the order given in the tables and considered with
reference to the ways in which they lend themselves to race distinctions
and discriminations.
_Citizenship_
In order to vote, one must be a citizen of the United States or an alien
who has taken the formal step toward naturalization of declaring his
intention to become a citizen, with the exception that, in a few States,
an Indian who has severed his tribal relationship may vote. This
suffrage qualification does not easily lend itself to race distinction
or discrimination. It lies within the power of the United States, not of
the States, to say what alien residents may become citizens.[718] If
Congress says, as it does in the Chinese Exclusion Act,[719] that
Chinese not natives of this country cannot become citizens, it follows
that they cannot demand of a State the privilege of voting. At present,
a statute[720] specially provides for the naturalization of aliens of
African nativity and persons of African descent, requiring that the same
rules shall apply to them as to free white persons.
Public-domain text, read in full here on John Shaqi.
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