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 following States require the payment of poll taxes as a prerequisite
to voting: Alabama, Arkansas, Florida, Louisiana, North Carolina, South
Carolina, and Tennessee. Of these Alabama, Arkansas, and North Carolina
require the payment of the poll tax for only one year preceding the
election; Florida, Louisiana, and Mississippi, for two years preceding;
and Virginia, for three years preceding the election. Some States
require payment of both property and poll taxes; and some, only the
latter. The law of Delaware is that the voter must have paid a county
tax within two years, assessed six months before the election, not
specifying whether it is a poll or property tax. Georgia provides that
all taxes legally required since 1877 must have been paid six months
before the election. Pennsylvania requires the payment of a State or
county tax within two years to be assessed two months and paid one month
before the election. South Carolina demands, not only the payment of the
poll tax, but of all taxes for the preceding year. In the Philippines,
the elector must satisfy other tests or show payment of an annual tax of
fifteen dollars.
The payment of taxes as a prerequisite to voting is not peculiar to the
Southern States, such a requirement being found in Delaware,
Pennsylvania, and the Philippines as well. The poll tax and the
requirement of payment for more than the year next preceding the
election are found mostly in the Southern States. In the Philippines
alone, it appears, the payment of taxes is an alternative requirement;
that is, if one cannot satisfy this qualification, he may, nevertheless,
qualify under other tests; but in the States, he must not only show his
payment of taxes but be qualified as well in other respects.
In two ways this qualification lends itself to race distinctions. In the
first place, if Negroes are more shiftless and less inclined to pay
their taxes than white people, more of them will be unable to satisfy
this test. Secondly, if they are careless about preserving their tax
receipts for one, two, or three successive years, they will be unable to
prove the payment of taxes and, thereby, be disqualified to vote.
_Ownership of Property_
The next qualification may be said to be in a sense peculiar to the
Southern States, yet not entirely so. In Rhode Island, one must own
property worth one hundred and thirty-four dollars on which taxes of the
preceding year have been paid or must pay an annual rental of seven
dollars to be entitled to vote for city councillors and to vote on
questions of finances. In Alaska, to be entitled to vote in municipal
elections, one must be the owner of substantial property interests in
the municipality. In the Philippines, the voter must be able to satisfy
other tests or else be the owner of property assessed at two hundred and
fifty dollars.
Public-domain text, read in full here on John Shaqi.
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