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 “Understanding Clauses” do not have as large a place in the suffrage
laws of the Southern States as is commonly believed. In only two
States—Georgia and Mississippi—is the “Understanding Clause” permanent.
In Georgia, one may register if he is of good character and understands
the duties and obligations of citizens under a republican form of
government, although he has neither education nor property. In
Mississippi, one who cannot read may register if he can understand and
reasonably interpret the Constitution when read to him. A distinction
must be made between these two “Understanding Clauses.” In Georgia the
requirement is the understanding of the duties of citizens of a
republican form of government; in Mississippi it is understanding the
State Constitution when read. In three other States—Alabama, South
Carolina, and Virginia—the “Understanding Clause” of the Mississippi
type is part of the “Grandfather” section, and became inoperative with
the “Grandfather Clauses.” The Georgia provision which allows one to
register, regardless of education or property, if he is of good moral
character has a prototype in the Constitution of Connecticut which
requires all electors to be of good moral character, and the
Constitution of Vermont which requires the electors to be of quiet and
peaceable behavior.
It cannot be doubted that the permanent “Understanding Clauses” of
Mississippi and Georgia lend themselves to race discrimination. The
Constitution of Mississippi provides that the applicant for registration
must be able either to read or understand and reasonably interpret the
Constitution. The registrar who so desires may easily disqualify members
of one race by asking them to explain more difficult passages of the
Constitution or by requiring of them a more scholarly interpretation of
such passages than he demands of members of the other race whom he
desires to have qualify as electors. In Georgia the registrar who passes
upon an applicant’s understanding of the duties and obligations of
citizens under a republican form of government may set a higher standard
for one race than for the other.
_Persons Excluded from Suffrage_
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