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 suffrage qualifications in the insular possessions of the United
States are particularly significant in that they tend to show the
present attitude of Congress toward the elective franchise. The Act of
April 30, 1900, providing a government for the Territory of Hawaii,
restricts suffrage to those who can speak, read, and write the English
or Hawaiian language—a strict educational test. In the Philippines to be
an elector one must be a native of the Philippines, twenty-three years
of age or over, and must have paid an annual tax of fifteen dollars, or
be the owner of property assessed at two hundred and fifty dollars, or
be able to speak, read, and write English or Spanish, or have held
substantial office under the Spanish régime. It will be noticed that the
tax payment, educational, property, and office-holding tests are
alternatives, so the satisfaction of any one of the four is sufficient.
Manhood suffrage, as provided by the “Foraker Act”[723] of 1900, is
still in force in Porto Rico. But this seems destined soon to give way
to a restricted suffrage. Secretary of War Dickinson has recently issued
a report on the conditions in Porto Rico in which he suggests an
amendment of the suffrage laws to the effect that, after the general
election of 1910, the qualified voters for any election shall consist
only of citizens of the United States, who, with such other
qualifications as are required by the laws of Porto Rico, “are able to
read and write; or on the day of registration shall own taxable real
estate in their own right and name; or who are on said day _bona fide_
members of a firm or corporation which shall own taxable real estate in
the name of such firm or corporation; or on the day of registration
shall possess and produce to the Board of Registration tax receipts
showing the payment of any kind of taxes for the last six months of the
year in which the election is held.” President Taft, in transmitting the
report to Congress, indorsed Secretary Dickinson’s suggestions,
saying[723]: “It is much better in the interests of the people of the
island that the suffrage should be limited by an educational and
property qualification.” The above suffrage qualifications for the
insular possessions of the United States is evidence that the attitude
of Congress toward universal suffrage has been considerably modified
within recent years.
CONSTITUTIONALITY OF SUFFRAGE AMENDMENTS
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