The Journal of Negro History, Volume 6, 1921Various
History
The Journal of Negro History, Volume 6, 1921
Various
African Americans -- Periodicals
The case of _Giles_ v. _Teasley_[65] was, to some extent, of the same
sort. A Negro of Alabama who had previously been a voter and who had
complied with the reasonable requirements of the board of
registration, was refused the right to vote, for, as he alleged, no
reason other than his race and color, the members of the board having
been appointed and having acted under the provision of the State
constitution of 1901. He sued the members of the board for damages and
for such refusal in an action, and applied for a writ of mandamus to
compel them to register him, alleging in both proceedings the denial
of his rights under the Federal Constitution and that the provisions
of the State Constitution were repugnant to the Fifteenth Amendment.
The complaint had been dismissed on demurrer and the writ refused, the
highest court of the State holding that if the provisions of the
constitution were repugnant to the Fifteenth Amendment, they were void
and that the board of registers appointed thereunder had no existence
and no power to act and would not be liable for a refusal to register
him, and could not be compelled by writ of mandamus to do so; that if
the provisions were constitutional, the registrars had acted properly
thereunder and their action was not reviewable by the courts.
"The right of the Supreme Court to review the decisions of the highest
court of a State," said the national tribunal, "is even in cases
involving the violations by the provisions of a State constitution of
the Fifteenth Amendment, circumscribed by rules established by law,
and in every case coming to the court on writ of error or appeal the
question of jurisdiction must be answered whether propounded by the
counsel or not. Where the State court decided the case for reasons
independent of the Federal right claimed its action is not reviewable
on writ of error by the United States Supreme Court." It was held that
the writs of error to this court should be dismissed, as such
decisions do not involve the adjudication against the plaintiff in
error of a right claimed under the Federal Constitution but deny the
relief demanded on grounds wholly independent thereof." In _Wiley_ v.
_Sinkler_, and _Swafford_ v. _Templeton_, the registrars were legally
averred to be qualified.[66]
In the Maryland case of _Pope_ v. _Williams_[67] the court further
explained its position. While the State cannot restrict suffrage on
account of color, the privilege is not given by the Federal
Constitution, nor does it spring from citizenship of the United
States. While the right to vote for members of Congress is derived
exclusively from the law of the State in which they are chosen but has
its foundation in the laws and Constitution of the United States, the
elector must be one entitled to vote under its statute. A law,
therefore, requiring a declaration of intention to become citizens
before registering as voters of all persons coming from without
Maryland is not a violation of the Constitution.
Public-domain text, read in full here on John Shaqi.
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