“Any person who shall apply for registration after January 1, 1898, if otherwise qualified, shall be registered: Provided that he can both read and write any section of the constitution submitted to him by the registration officer or can show that he owns and has paid taxes collectible during the previous year on property in this state assessed at three hundred dollars ($300) or more.”
Subdivision (c) of the South Carolina law effected the disfranchisement of more than one hundred thousand electors who had passed the legal age of attending school. But for this fact, the provision of subdivision (d) if fairly applied could meet with no objection. However, it cannot be absolutely fair as long as South Carolina expends less money per capita in the education of its Negro population than in the education of its white population. The report of the Superintendent of Education of South Carolina shows that it has cost $4.23 per capita to educate the white children of the state and only $1.35 per capita to educate the colored children.
When the present Constitution of South Carolina was in process of construction, the Supreme Court of the United States had not passed upon the legality of the so-called educational provision of the Mississippi Constitution, and the possibility that it might in the near future declare all such enactments repugnant to the Constitution of the United States deterred the members of the South Carolina constitutional convention from going the full length of the Mississippi plan. Although they had assembled for no other purpose than to disfranchise the Negro, yet out of fear of the Fifteenth Amendment to the Federal Constitution, they failed to do all they purposed.
George L. Tillman, the brother of the present United States Senator from that state, spoke in the convention the following significant and pathetic words:
“Mr. President, we can all hope a great deal from the constitution we have adopted. It is not such an instrument as we would have made had we been a free people. We are not a free people; we have not been since the war. I fear it will be some time before we can call ourselves free. I have had that fact very painfully impressed upon me for several years. If we were free, instead of having Negro suffrage we would have Negro slavery; instead of having the United States Government we would have the Confederate States Government; instead of paying $300,000 pension tribute we would be receiving it.”[12]
The Constitution of Louisiana, in its attempt to disfranchise the Negro and enfranchise, so to speak, every other class of men, the ignorant scum of Europe, as well as the intelligent and illiterate native born whites, outdoes both Mississippi and South Carolina. It adopts practically the same educational and property qualifications as are contained in the Mississippi and South Carolina instruments. The fifth section of it furnishes a true index to the spirit which is behind all of these disfranchising enactments. With vindictive memory, the framers of the Louisiana Constitution qualified as electors all who were entitled to vote on January 1, 1867 or at any date prior thereto as well as the sons and grandsons of such persons, whether or not they possess intelligence or property. Herein they display the same spirit which refused to accord to the Negro the right to vote previous to 1867.
What has been the attitude of the Courts towards these enactments which in the interest of oligarchy have set aside republican governments in the South and nullified the Constitution of the United States?
Naturally, the state courts have upheld them. The most remarkble judicial utterance since the famous Dred Scott decision is that of the supreme court of Mississippi in the case of Ratliff vs. Beale, predicated upon the constitution of Mississippi respecting the elective franchise. The Court said:
“Within the field of permissible action, under the limitations imposed by the Federal Constitution, the convention swept the circle of expedients to obstruct the exercise of the franchise by the Negro race. By reason of its previous condition of servitude and dependence, this race had acquired or accentuated certain peculiarities of habit, of temperament, and character, which clearly distinguished it as a race from that of the whites—a patient, docile people, careless, landless, and migratory within narrow limits, without forethought, and its criminal members given rather to furtive offenses than to the robust crimes of the whites. Restrained by the Federal Constitution from discriminating against the Negro race, the convention discriminated against its characteristics and the offenses to which its weaker members were prone.”[13]
Thus a court created by this new constitution of Mississippi declares that it, in spite of the Fifteenth Amendment, discriminates against the Negro race “by reason of its previous condition of servitude and dependence,” and at the same time upholds that instrument.