The adoption of the George plan was thus assured, but not without a
desperate fight. The opponents of that scheme made a brave, though
unsuccessful, fight against it. But it was soon made plain to the
advocates of the George plan that what they had succeeded in forcing
through the Convention would be defeated by the people at the
ballot-box. In fact, a storm of protest was raised throughout the State.
The Democratic press, as well as the members of that party, were
believed to be about equally divided on the question of the ratification
of the Constitution as thus framed. Since it was well known that the
Republicans would be solid in their opposition to ratification, the
rejection of the proposed Constitution was an assured fact. But the
supporters of the George scheme felt that they could not afford to have
the results of their labors go down in defeat. In order to prevent this
they decided to deny the people the right of passing judgment upon the
work of the Convention. The decision, therefore, was that the Convention
by which the Constitution was framed should declare it duly ratified and
approved, and to go into effect upon a day therein named. The people of
that unfortunate State, therefore, have never had an opportunity to pass
judgment upon the Constitution under which they are living and which
they are required to obey and support, that right having been denied
them because it was known that a majority of them were opposed to its
ratification and would have voted against it.
But this so-called "understanding clause," or George scheme, is much
more sweeping than was intended by its author. The intent of that clause
was to make it possible to disfranchise the illiterate blacks without
disfranchising the illiterate whites. But as construed and enforced it
is not confined to illiterates but to persons of intelligence as well.
No man, for instance, however intelligent he may be, can be registered
as a voter or vote if registered, if the registering officers or the
election officers are of the opinion that he does not understand the
Constitution. It is true, the instrument is so worded that no allusion
is made to the race or color of those seeking to be registered and to
vote; still, it is perfectly plain to everyone that the purpose was to
enable the State to do, through its authorized and duly appointed agents
and representatives, the very thing the Fifteenth Amendment declares
shall not be done. According to the decision of the Supreme Court, as
rendered by Mr. Justice Strong, the effect is the same as if the
instrument had declared in so many words that race or color should be
the basis of discrimination and exclusion.
Public-domain text, read in full here on John Shaqi.
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