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 “Grandfather Clauses” are all temporary. Those classes of men
covered by the clauses are given a certain time within which to have
their names entered on a permanent registry. If they are once entered on
the permanent register, they are voters for life unless excluded because
of some crime or because they become public charges. If they fail,
however, to register within the limited time, and still wish to become
electors, they must satisfy the same tests as other applicants for
registration. For instance, one who could vote in North Carolina in 1867
might have his name entered on the permanent register prior to December
1, 1908, and thereby become a voter for life, though he had neither
property nor literacy; if he failed to register by that date, he had to
satisfy the educational test as any other applicant would have to do.
The length of duration of the “Grandfather Clauses” varies from a few
months to several years. Thus, the “Grandfather Clause” of South
Carolina was of avail from 1895 to 1898; of Louisiana, from May 16,
1898, to September 1, 1898; of North Carolina, from July 1, 1900, to
December 1, 1908; of Alabama, from 1901 to 1903; Virginia, from 1902 to
1904; and in Georgia, it extends from 1908 to 1915. It will be seen that
Georgia is the only State in which the “Grandfather Clause” is still in
force. All who registered within the dates given above are still
electors and will continue to be as long as they live unless excluded
from the suffrage because of crime or the like; those who have not
registered under the “Grandfather Clauses” cannot do so now, except in
Georgia.
The “Grandfather Clauses” are more nearly race distinctions than any
other sections of the suffrage laws for the reason that so many white
men in the Southern States and so few Negroes are either old soldiers or
descendants of old soldiers or had the right to vote in 1867. Yet they
are not, technically speaking, race distinctions because, if one was a
veteran or son of one, he might register regardless of his race or
color. As a matter of fact, a considerable number of Negroes in the
Southern States, who were Federal soldiers in the Civil War, have
registered under the “Grandfather Clauses.”
“_Understanding and Character Clauses_”
Public-domain text, read in full here on John Shaqi.
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