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 principle of the “Grandfather Clause,” in short, is that one who is
not able to satisfy either the educational or property tests may,
nevertheless, continue to be a voter for life if he was a voter in 1867
or is an old soldier or the lineal descendant of such voter or soldier,
provided he registers prior to a fixed date. Alabama permits all who
served honorably in the forces of the United States in the War of 1812,
the War with Mexico, any war with Indians, the War between the States,
the War with Spain, or in the forces of the Confederate States or of the
State during the War between the States and the lawful descendants of
those and all who are of good character and who understand the duties
and obligations of citizens under a republican form of government, to
register before December 20, 1902. The clause in the Georgia
Constitution is like that of Alabama, except that the privilege is
extended to veterans of the Revolutionary War and their descendants, and
the character and understanding clause is permanent. To take advantage
of the “Grandfather Clause” in Georgia one must register before January
1, 1915. Louisiana provided that one entitled to vote in any State
January 1, 1867, son or grandson of such a one twenty-one years old or
over in 1898, or a foreigner naturalized before January 1, 1898, who had
resided in the State five years preceding his application for
registration, might register before September 1, 1898. North Carolina
allowed one who had the right to vote on January 1, 1867, and the lineal
descendant of such a one to be registered prior to December 1, 1908.
Before January 1, 1898, one could register in South Carolina who could
read the Constitution of the State or understand and explain it. In
Virginia one might register up to 1904 who, before 1902, served in the
army or navy of the United States or of the Confederate States or of
Virginia or who was the son of such a one, or who owned property on
which the State tax was one dollar, or who was able to read and explain
or to understand and explain the Constitution of the State. Mississippi
has no “Grandfather Clause.”
In Alabama, Georgia, and Virginia, the fact that one was a soldier
enabled him to register under the “Grandfather Clause”; in Louisiana and
North Carolina, that he was a voter in 1867. In each State the lineal
descendants of such soldiers or voters in 1867 might register under the
“Grandfather Clause.” In Alabama one might register, though he was not
an old soldier or descendant of one, if he understood the duties and
obligations of citizenship and was of good character. In Virginia and
South Carolina, one could register under the “Grandfather Clause” if he
could understand and explain the Constitution when read to him; and, in
Virginia, if he owned property taxed as much as one dollar a year.
Public-domain text, read in full here on John Shaqi.
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