tion lay in the so-called penal section which disfranchised from holding office the political leaders of the South. The Southern people, it was said, were asked to be the instruments of their own dishonor by fastening a stigma upon men who had their sympathy and whom they had followed with pride. The amendment is an "insulting outrage" declared the governor of Mississippi; it is a denial of the equal rights of many of our worthiest citizens.' The Congressional Plan Of Reconstruction. The rejection by the Southern States of the Fourteenth Amendment plan of Reconstruction left "the way" open for congress to impose upon the South its plan of reconstruction. This plan as passed over the President's veto March 2 and 23 and July 17, 1867, said that to enforce peace and good order the states of Virginia, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Louisiana, Florida, Texas and Arkansas were divided into five military districts. To the command of each district an officer of the Army was to be assigned. Provisions were made for elections in these ten states of conventions to frame constitutions. All male citizens twenty-one years old and upward of whatever race, color or previous condition, resident in the state one year, previous to election, except such as were disfranchised for participation in the rebellion or for felony had the right to vote for delegates to these conventions. It was stipulated that these state constitutions must provide for universal Negro suffrage to be ratified by popular vote and approved by Congress. Each of these states, through their legislatures must also adopt the Fourteenth Amendment. The Freedmen Exercise During the year 1867 the freedmen generally exercised the right of suffrage in the South. On February 25, 1866, they exercised that right in the District of Columbia. In February, 1867 the legislature of Tennessee granted the suffrage to Negroes. Under the congressional plan of reconstruction Negroes took part as voters and as candidates in the election of delegates to the constitutional convention. Members of 1867-1868 Constitutional Conventions. 1865-Connecticut, Wisconsin and Minnesota decided against Negro suffrage. 1866-Congress established Negro suffrage in all territories. Alabama, Arkansas, Kentucky, Tennessee, and Texas voted against it. 1867-Kansas, Minnesota and Ohio refused to grant suffrage to the Negro. 1868-Michigan and New York votes against Negro suffrage. Iowa and Minnesota extended the suffrage to Negroes. The Fourteenth Amendment (see under Civil Rights) was adopted July 28. In 1868 and 1869 the reconstruction constitutions of the Southern States extended the suffrage to Negroes. They were now elected as members of the legislatures and as members of congress. There were Negro members of the North Carolina Legislature to 1899, and of the Virginia Legislature to 1891 as follows: NEGRO SUFFRAGE FROM 1870-1890. The Fifteenth Amendment to the Constitution was ratified March 30, 1870. (See under Civil Rights the Fifteenth Amendment.) After the Fifteenth Amendment was ratified California, Colorado, Connecticut, Delaware, Indiana, Kansas, Kentucky, Maryland, Michigan, Nevada, New Jersey, Ohio, Oregon and Pennsylvania still restricted the suffrage to white persons. In order to make the provision of the Fifteenth Amendment effective Congress on May 31, 1870, passed an act, the first section of which declares: "All citizens of the United States who are or shall be otherwise qualified by, law to vote at any election by the people in any State, territory, district, county, city, parish, township, school district, municipality, or other territorial division, shall be entitled and allowed to vote at all such elections without distinction 1 of race, color, or previous condition of servitude, any constitution, law, custom, usage, or regulation in any State, territory, or by or under its authority to the contrary notwithstanding." NEGRO SUFFRAGE FROM 1890-1915. Beginning with 1890, Southern States have by the adoption of constitutional amendment sought to restrict Negro suffrage. Southern States Whose Laws Restrict the Suffrage.-Suffrage amendments have been adopted by the Southern States in the following order: Mississippi, 1890; South Carolina, 1895; Louisiana, 1898; North Carolina, 1900; Alabama, 1901; Virginia, 1901; Georgia, 1908; and Oklahoma, 1910. The substance of the laws restricting suffrage is that the prospective voter must have paid his full taxes and then, in order to register, must own a certain amount of property, or must be able to pass an educational test or must come under the grandfather clause. Tax Test.-Alabama, Arkansas, Florida, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee and Virginia require the payment of poll taxes as a prerequisite to voting. In Georgia all taxes legally required since 1877 must be paid six months before the election. Property Test. The property requirement in Alabama is forty acres of land in the State or real or personal property worth three hundred dollars ($300) on which the taxes for the preceding year have been paid. In Georgia it is forty acres of land in the State or five hundred dollars ($500) worth of property in the State. The Louisiana requirement is three hundred dollars ($300) worth of property and payment of personal taxes. South Carolina prescribes three hundred ($300) worth of property on which taxes for the preceding year have been paid. Mississippi, North Carolina and Virginia have no property test. Educational Test.-Alabama requires that the applicant, unless physically disabled, must be able to read and write the Constitution of the United States in English. In Georgia he must, unless physically disabled, be able to read and write the Constitution of the United States in English; or if physically disabled from reading and writing, to "understand and give a reasonable interpretation" of the Constitution of the United States or of Georgia, when read to him. Louisiana requires that the applicant must be able to read and write and must make an application for registration in his own handwriting. In Mississippi he must be able to understand or reasonably interpret any part of the Constitution of the State. In North Carolina the requirement is the ability to read and write the State Constitution in English. The Constitution of Oklahoma says the applicant "must be able to read and write any section of the Constitution of the State." South Carolina requires ability to read and write the Constitution. Virginia requires that the applicant must make out his application in his own handwriting and prepare and deposit his ballot without aid. Grandfather Clause.-The Grandfather Clause permits a person. who was not able to satisfy either the educational or property tests to continue a voter for life if he was a voter in 1867 (or in Oklahoma in 1866) or is an old soldier or the lineal descendent of such voter or soldier, provided, except in Oklahoma, he registered prior to a fixed date. The expiration of the date when such persons could register was in South Caro lina, January 1, 1898; Louisiana, September 1, 1898; Alabama, December 20, 1902; Virginia, December 31, 1903; North Carolina, December 1, 1908; Georgia, January 1, 1915. The Oklahoma Grandfather Clause intended to be permanent, provided that: No person who was on January 1, 1866, or at any time prior thereto, entitled to vote under any form of Government, or who at that time resided in some foreign nation, and no lineal descendant of such person, shall be denied the right to register and vote because of his inability to so read and write such Constitution. The Supreme Court of the United States, June 21, 1915, declared the Grandfather Clause invalid. Mississippi had no Grandfather Clause. Understanding and Character Clauses.-Only two States, Georgia and Mississippi, have permanent understanding and character clauses. Although in Georgia a person may have neither property nor education he may be permitted to register if he is of good character and understands the duties and obligation of citizenship under a republican form of government. The Mississippi law permits one who cannot read to register if he can understand and reasonably interpret the Constitution when read to him. In Alabama, South Carolina and Virginia the Understanding clause is a part of the Grandfather sections and became inoperative with the "Grandfather Clauses." LEGAL DEFINITION OF A NEGRO. The statutes of Kentucky, Maryland, Mississippi, North Carolina, Tennessee, and Texas state that a person of color is one who is descended from a Negro to the third generation inclusive though one ancestor in each generation may have been white. According to the law of Alabama one is a person of color who has had any Negro blood in his ancestry in five generations. In Michigan, Nebraska, and Oregon one is not legally a person of color who has less than one-fourth Negro blood. In Florida, Georgia, Indiana, Missouri and South Carolina a person of color is one who has s much as one-eighth Negro blood. The Constitution of Oklahoma provides: "Whenever in this Constitution and laws of this State the word or words 'colored' or 'colored race' or 'Negro' or 'Negro race' are used, the same shall be construed to mean or to apply to all persons of African descent. The term 'white' shall include all other persons.' In Arkansas, and Virginia persons of color include all who have a visible and distinct admixture of African blood. The other States have no statutes defining Negro. MISCEGENATION. Miscegenation is the amalgamation, or mixing of racial stocks. This may take place in wedlock or out. Twenty-nine States have laws which make intermarriage between the races illegal. In Delaware, Maryland, Virginia, West Virginia, South Carolina, Georgia, Florida, Alabama, Louisiana, Kentucky, Tennessee, Arkansas, Oklahoma, and Texas, together with the Northern States of Colorado, Indiana, Idaho, Nebraska, North and South Dakota, marriages of whites is denied with Negroes. In Arizona, California, Mississippi, Missouri, Montana, Utah, and Oregon, marriage with Mongolians also is prohibited. North Carolina prohibits marriage with Negro and Crotoan Indian blood, and Nevada with persons of the Ethiopian Malay, Mongolian or American Indian races. The general rule with reference to intermarriages between races is this: "If the applicant for a marriage license had even only one great-grand parent who was a full-blooded Negro he may not receive a license; but if that great-grandparent were a mulatto and in all later generations mating took place (illegally, of course) with a white person, then the person in question is legally white and may marry a white person. Otherwise stated, the descendant of a Negro to the third generation inclusive, though one ancestor in each generation were pure white, is excluded; or persons having one-eighth or more of Negro blood are excluded from marrying a white person. In Nebraska and Virginia, the limit is set at onefourth or more of Negro blood. The State of Georgia sets no limit, but declares 'marriages between white persons and persons of African descent is forever prohibited; such marriages are null and void.' Louisiana forbids the marriage of whites to 'persons of color.' In Jamaica, too, a person with less than one-eighth Negro blood becomes legally white." Idaho_ FORBIDDEN MARRIAGES White persons and Negroes or de- Con stitution forbids marriage of white Persons of Caucasian blood or their Void. ians or their descendants Between a white and a Negro or mu-Void. White person with Negro, mulatto, Void. No license to White person with Negro or mulatto be issued. White person with Negro or mulatto "Unlawful”. White with a Negro (1-8 or more Ne Null and Void White persons with persons of Afri- Forever prohibited, null and void. Fine $500 or imprisonment for 2 years Fine $100 or imprisonment for 31 days. Imprisonment 10 yrs or fine $1000 For officiating, fine, imprisonment 6 mos. and work in chaingang 12 mos. White persons with Negro or mulatto. Illegal ana void. For solemnizing, fine White person with person having 1-8 Void.. $300 and imprisonment 3 mos. mprisonment 10 yrs. and fine $100. Indiana Kentucky White person with Negro or mulatto Prohibited and void Fine $500. Louisiana Maryland Mississippi Missouri Montana_ Nebraska. Nevada. White person and person of color Prohibited null and Imprisonment 1 year White person and Negro or descend-Forever prohibited Imprisonment 10 yrs $500 and imprisonment 10 yrs. White person and Negro or mulatto, Unlawful and void Fine White person, Negro or Mongolian Prohibited and void White person and Negro (or in part Null and voi d....... and void in this State White person and one having 1-4 or Absolutely void." For solemnizing fine of $500 and imprisonment 1 month in county jail. White person with one of Ethiopian, Gross misdemeanor Imprisonment 2 yrs. dian races. |