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
In the Southern States now to be considered, it is to be remembered that
the applicant must satisfy either the education or the property test,
not both. In Alabama he must be able to read and write the Constitution
of the United States in English unless physically disabled. In Georgia
he must be able to read and write in English the Constitution of the
United States or of Georgia, or if physically disabled from reading and
writing, to “understand and give a reasonable interpretation” of the
Constitution of the United States or of Georgia, when read to him. In
Louisiana he must be able to read and write and must make his
application for registration in his own handwriting. Mississippi
requires that the applicant must be able to read or understand or
reasonably interpret any part of the Constitution of the State. North
Carolina requires ability to read and write the State Constitution in
English; South Carolina requires also an ability to read and write the
Constitution, but does not specify that the test must be in English.
Virginia does not declare that the applicant must be able to read and
write, but requires him to make his application for registration in his
own handwriting, and prepare and deposit his ballot without aid. This
does not apply to those registering under the “Grandfather Clause” to be
considered later.
All States[722] and Territories, except Georgia, Missouri, New Jersey,
North Carolina, South Carolina, and New Mexico have adopted a blanket
official ballot which is, in effect, the requirement of an educational
qualification for voting. By this system the State provides a uniform
ballot containing the names of all persons of all parties to be voted
for, and requires the voter to mark and deposit his own ballot. Where no
party emblem—as the elephant, cock, or anvil—heads the list of
candidates of a particular party, it is wellnigh impossible for one to
mark his ballot properly unless he is able both to read and write.
The Southern States are more lenient in their educational tests than
other States in allowing a person otherwise qualified to vote if he has
either education or property; while in the latter he must have a certain
amount of education no matter how much property he owns.
Educational qualifications easily permit race distinctions in several
ways. In the first place, registration officers may give a difficult
passage of the Constitution to a Negro, and a very easy passage to a
white person, or _vice versa_. He may permit halting reading by one and
require fluent reading by the other. He may let illegible scratching on
paper suffice for the signature of one and require of the other a
legible handwriting. But race discriminations in such cases rest with
the officers; they do not have their basis in the law itself.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account