Race Distinctions in American Law

by Gilbert Thomas Stephenson

EXTENT OF ACTUAL DISFRANCHISEMENT

It is impossible to say how many persons have been disfranchised under the suffrage laws. No doubt many who are capable of satisfying the qualifications do not register, or, if they register, do not vote. This is probably due to the one-party system in the South. The following figures show either the extent of actual disfranchisement or the political apathy in the Southern States: In one county in Mississippi, with a population of about 8,000 whites and 11,700 Negroes in 1900, there were only twenty-five or thirty qualified Negro voters in 1908, the rest being disqualified, it is said, on the educational test. In another county, with 30,000 Negroes, only about 175 were registered voters. In still another county of Mississippi, with 8,000 whites and 12,000 Negroes, only 400 white men and about 30 Negroes are qualified electors. The clerk of court of a county in North Carolina, with a population of 5,700 whites and 6,700 Negroes, writes that a Negro has never voted in the County. As a general rule, taking the country at large, about one person in five is a male of voting age. In Iowa four out of five possible voters have actually voted in the last four elections; in Georgia, a State of nearly the same population, the proportion is one to six. In Mississippi, in 1906, only one out of eighteen males of voting age actually voted; in Georgia, one out of fifteen. In a district in Mississippi with a population of 190,885, 2,091 votes were cast for the Representative, John Sharp Williams, in 1906; in a district in Connecticut with a population of 247,875, 46,425 votes were cast for Representative Litchfield. These figures show that the ratio of actual voters to total population in the Southern States is astoundingly smaller than in other States.[^[731]]

QUALIFICATIONS FOR VOTING IN THE UNITED STATES.

State or Territory.	Citizenship.	Age.	Sex.	Previous Residence in—			Payment of Taxes.	Ownership of Property.	Educational Test.
				State.	County.	Precinct.
Alabama[[714]]	Citizen of U. S. or alien who had declared intention by Nov. 28, 1901.	21 yrs.	Male.	2 yrs.	1 yr.	3 mo.	Poll taxes for preceding year paid by Feb. 1, before election.	Owner or husband of owner of 40 acres of land in State upon which he resides or of personal property worth $300 upon which taxes for preceding year have been paid.	Able to read and write Constitution of U. S. in English, unless physically disabled.
Arkansas[[732]]	Citizen of U. S. or alien who has declared intention.	21 yrs.	Male.	1 yr.	6 mo.	1 mo.	Poll tax for preceding year paid.
California[[733]]	Citizen of U. S. for 90 days before election.	21 yrs.	Male.	1 yr.	90 da.	30 da.			Able to read Constitution in English and write name.
Colorado[[734]]	Citizen of U. S. or alien who has declared intention 4 mo. before election.	21 yrs.	Male or female.	1 yr.	90 da., 30 da. in city or town.	10 da.
Connecticut[[735]]	Citizen of U. S.	21 yrs.	Male.	1 yr.	6 mo.	6 mo. in town.			Able to read Constitution or Statutes of State in English.

State or Territory.	“Grandfather Clause.”	“Character Clause.”	“Understanding Clause.”	Persons Excluded from Suffrage.
				Paupers.	Insane.	Criminals.	Indians.	Chinese.
Alabama[[714]]	One might permanently register before Dec. 20, 1902 (1) if he had honorably served in the forces of the U. S. in the War of 1812, War with Mexico, any war with Indians, war between the States, war with Spain, or in the forces of the Confederate States or of Ala. during the war between the States, or (2) if he was the lawful descendant of one of the above.	One might permanently register before Dec. 20, 1902, if he was of good character and understood the duties and obligations of citizens under a republican form of government.			Idiots and insane.	Unpardoned convicts.
Arkansas[[732]]					Idiots and insane.	Unpardoned convicts of felonies.
California[[733]]	Educational test did not apply to men 60 years old when amendment took effect.				Idiots and insane.	Embezzlers of public moneys. Convicts of infamous crimes.		Natives of China.
Colorado[[734]]					Insane and non compos mentis.	Convicts in prison.
Connecticut[[735]]		Voter must have good moral character.			Idiots and insane.	Unpardoned convicts of heinous crimes.

State or Territory.	Citizenship.	Age.	Sex.	Previous Residence in—			Payment of Taxes.	Ownership of Property.	Educational Test.
				State.	County.	Precinct.
Delaware[[736]]	Citizen of U. S.	22 yrs.	Male.	1 yr.	3 mo.	30 da.	Paid county tax within 2 years, assessed 6 mo. before election.		Able to read Constitution in English or write name.
Florida[[737]]	Citizen of U. S.	21 yrs.	Male.	1 yr.	6 mo.		Poll tax for 2 years preceding paid.
Georgia[[718]]	Citizen of U. S.	21 yrs.	Male.	1 yr.	6 mo.		All taxes legally required since 1877 paid 6 mo. before election.	Owner of 40 acres of land in State on which he resides or of personal property in State worth $500.	Able to read and write in English Constitution of U.S. or of Ga., unless physically disabled.
Idaho[[738]]	Citizen of U. S.	21 yrs.	Male or female.	6 mo.	30 da.
Illinois[[739]]	Citizen of U. S.	21 yrs.	Male.	1 yr.	90 da.	30 da.

State or Territory.	“Grandfather Clause.”	“Character Clause.”	“Understanding Clause.”	Persons Excluded from Suffrage.
				Paupers.	Insane.	Criminals.	Indians.	Chinese.
Delaware[[736]]				Paupers.	Idiots and insane.	Unpardoned convicts of felonies.
Florida[[737]]					Idiots and insane.	Unpardoned convicts.
Georgia[[716]]	One may permanently register before Jan. 1, 1915 (1) if he has honorably served in forces of U.S. in Revolutionary War, War of 1812, War with Mexico, any war with Indians, war between the States, war with Spain, or in forces of Confederate States or of Ga. in war between the States, or (2) if he is lawful descendant of one of above.	One without property or education may vote, if he is of good moral character and understands the duties and obligations of citizens under a republican form of government.	One physically disabled from reading and writing may vote if he can understand and reasonably interpret the Constitution of U.S. or of Ga. when read to him.		Idiots and insane.	Unpardoned convicts.
Idaho[[738]]					Idiots, insane, and persons under guardianship.	Convicts of felony, bigamy, polygamy, and inmates of houses of ill-fame.	Tribal Indians not taxed.	Natives of China.
Illinois[[739]]	One who was an elector April 1, 1848, continued to be elector under new Constitution.					Unrestored convicts of felony or election bribery.

State or Territory.	Citizenship.	Age.	Sex.	Previous Residence in—			Payment of Taxes.	Ownership of Property.	Educational Test.
				State.	County.	Precinct.
Indiana[[740]]	Citizen of U. S. or alien who has declared intention if resident in U. S. 1 yr. before election.	21 yrs.	Male.	6 mo.	60 da. in town.	30 da.
Iowa[[741]]	Citizen of U. S.	21 yrs.	Male.	6 mo.	60 da.
Kansas[[742]]	Citizen of U. S. or alien who has declared intention.	21 yrs.	Male.	6 mo.		30 da.
Kentucky[[743]]	Citizen of U. S.	21 yrs.	Male.	1 yr.	6 mo.	60 da.
Louisiana[[712]]	Citizen of U. S.	21 yrs.	Male.	2 yrs.	1 yr.	6 mo.	Poll tax for 2 years preceding election paid, unless voter is 60 yrs. old.	Owner of property worth $300, on which, if personal, taxes paid.	Able to read and write and make application for registration in his own handwriting.

State or Territory.	“Grandfather Clause.”	“Character Clause.”	“Understanding Clause.”	Persons Excluded from Suffrage.
				Paupers.	Insane.	Criminals.	Indians.	Chinese.
Indiana[[740]]						Convicts of infamous crime during term fixed by court.
Iowa[[741]]					Idiots and insane.	Convicts of infamous crime.
Kansas[[742]]					Insane and persons under guardianship.	Unrestored convicts of treason, felony, bribery, embezzlement.
Kentucky[[743]]					Idiots and insane.	Convicts of treason, felony, and bribery.
Louisiana[[712]]	One might permanently register before Sept. 1, 1898, (1) if he was entitled to vote in any State, Jan. 1, 1867,(2) son or grandson of such a one and 21 years old or over in 1898, or (3) a foreigner naturalized before Jan. 1, 1898, resident in State 5 years before application for registration.			Inmates of charitable institutions, except soldiers’ homes.	Idiots and insane.	Felons under indictment.

State or Territory.	Citizenship.	Age.	Sex.	Previous Residence in—			Payment of Taxes.	Ownership of Property.	Educational Test.
				State.	County.	Precinct.
Maine[[744]]	Citizen of U.S.	21 yrs.	Male.	3 mo.					Able to read Constitution in English and write name.
Maryland[[745]]	Citizen of U.S.	21 yrs.	Male.	1 yr.	6 mo.
Massachusetts[[746]]	Citizen of U.S.	21 yrs.	Male.	1 yr.	6 mo.	6 mo.			Able to read Constitution in English and write name.
Michigan[[747]]	Citizen of U.S. or alien who has declared intention before May 8, 1892.	21 yrs.	Male.	6 mo.	20 da.	20 da.
Minnesota[[748]]	Citizen of U.S. 3 mo. before election.	21 yrs.	Male.	6 mo.	30 da.	30 da.
Mississippi[[710]]	Citizen of U.S.	21 yrs.	Male.	2 yrs.	1 yr.	1 yr.	All taxes for 2 preceding years paid.		Able to read Constitution of State.