The truth is, without reference to the designs of its authors, that we have under it in the state, to all intents and purposes, an educational qualification pure and simple. More negroes, the American Law Review and the Atlantic Monthly to the contrary notwithstanding, have registered under the alternate or understanding clause than white men. Only 2,672 illiterate, both white and black, had up to 1893 registered under it. I have not seen the figures since. The negroes who have taken advantage of it exceed the white men who have done so in a majority of the counties of the state.
It seems that the illiterate white man shrinks from an application to be registered under the "understanding clause;" a refusal to advertise his incapacity, while the negroes as a rule have but little to lose; but another truth is that with scarcely an exception the negroes are thoroughly content with the constitution, and are satisfied to be measured for registration and voting by its standards. The writer, as a member of the convention which adopted the constitution, voted against the "understanding clause," but now that he has seen its practical workings he is prepared to say that the convention did the very best thing that it could have done under the circumstances surrounding it.
This "understanding clause" is not without a parallel in the constitutions of other states; as was pointed out by Senator George of this state in the United States Senate, it is no more difficult of honest administration than are the provisions of the constitutions of other states: for example, the constitution of Vermont of 1777 provided that an elector "should be of quiet, peaceable behavior," and the constitution of Connecticut requires at this day that the voter shall sustain "a good moral character," and numerous other like instances that might be mentioned.
The constitutional provision that a person shall not register as a voter within four months of an election is believed to be a wise measure; the ignorant, the indifferent and the sordid voter fails to register; political excitement never exists to any considerable extent so long before the election; there is no such thing as hiring men to register, for those who can be hired, cannot be trusted for so long a time to vote in the promised or expected way. It is believed that the provision is worthy of adoption everywhere.
The legislation of Mississippi under the constitution of 1890 conforms to that instrument.
By sections 3624 to 3640 of the code (1892) ample provision is made for appeals from adverse rulings of registration officers, and the humblest citizen of the land, the humblest negro, if you please, can invoke the courts of the country, even the Supreme Court, for protection in case he be improperly denied the right to register and vote, and he is also provided with ample remedy before the courts in every case where the right is improperly granted to others. These Code sections are as follows:
3624. Appeal by person denied registration.—Any person denied the right to register as a voter may appeal from the decision of the registrar to the Board of election commissioners by filing with the registrar, on the same day of such denial or within five days thereafter, a written application for appeal.
3625. Appeal by other than person denied.—Any elector of the county may likewise appeal from the decision of the registrar allowing any other person to be registered as a voter; but before the same can be heard the party appealing shall give notice to the person whose registration is appealed from, in writing, stating the grounds of the appeal; which notice shall be served by the sheriff or constable, as process in other courts is required to be served; and the officer may demand and receive for such service, from the person requesting the same the sum of one dollar.
3626. Appeal heard de novo.—All cases on appeals shall be heard by the boards of election commissioners de novo, and oral evidence may be heard by them; and they are authorized to administer oaths to witnesses before them; and they have the power to subpœna witnesses, and to compel their attendance; to send for persons and papers; to require the sheriff and constables to attend them and execute their process. The decisions of the commissioners in all cases shall be final as to questions of fact, but as to matters of law they may be revised by the circuit and supreme courts. The registrar shall obey the orders of the commissioners in directing a person to be registered, or a name to be stricken from the registration books.
3637. Appeal from the decision of the Commissioners.—Any elector aggrieved by the decision of the commissioners, shall have the right to file a bill of exceptions thereto, to be approved and signed by the commissioners, embodying the evidence in the case and the findings of the commissioners, within two days after the rendition of the decision, and may thereupon appeal to the circuit court upon the execution of a bond, with two or more sufficient sureties, to be approved by the commissioners, in the sum of one hundred dollars, payable to the state, and conditioned to pay all costs in case the appeal shall not be successfully prosecuted; and in case the decision of the commissioners be affirmed, judgment shall be entered on the bond for all costs.
3638. Duty of Commissioners in case of appeal to Circuit Court.—It shall be the duty of the commissioners, in case of appeal from their decision, to return the bill of exceptions and the appeal bond into the circuit court of the county within five days after the filing of the same with them; and the circuit courts shall have jurisdiction to hear and determine such appeals.
3629. Proceedings in the Circuit Court.—Should the judgment of the circuit court be in favor of the right of an elector to be registered, the court shall so order, and shall, by its judgment, direct the registrar of the county forthwith to register him. Costs shall not, in any case, be adjudged the commissioners or the registrar.
3630. Costs; compensation, etc.—The election commissioners shall not award costs in proceedings before them; but the circuit and supreme courts shall allow costs, as in other cases. The sheriffs, when required to attend before the commissioners at their meetings, shall be paid two dollars a day, to be allowed by the board of supervisors.
Having now considered and presented the evolution of suffrage in this state and given by way of recital and incidentally at least, its present status, we come to consider the objects upon which the suffrage may be exercised, and this can be easily stated by the general averment that all legislative and executive officers are elected by the suffragists; the executive officers of the state are not elected necessarily by a plurality or a majority vote. We have a sort of an electoral scheme, which is created by the constitution in the following words:
Section 140.—The governor of the state shall be chosen in the following manner: On the first Tuesday after the first Monday of November of A. D. 1895, and on the first Tuesday after the first Monday of November in every fourth year thereafter, until the day shall be changed by law, an election shall be held in the several counties and districts created for the election of members of the house of representatives in this state, for governor, and the person receiving in any county or such legislative district the highest number of votes cast therein, for said office, shall be holden to have received as many votes as such county or district is entitled to members in the house of representatives which last named votes are hereby designated "electoral votes." In all cases where a representative is apportioned to two or more counties or districts, the electoral vote, based on such representative, shall be equally divided among such counties or districts. The returns of said election shall be certified by the election commissioners, or a majority of them, of the several counties, and transmitted, sealed, to the seat of government, directed to the secretary of state, and shall be by him safely kept and delivered to the speaker of the house of representatives at the next ensuing session of the legislature within one day after he shall have been elected. The speaker, shall on the next Tuesday after he shall have received said returns, open and publish them in the presence of the house of representatives, and said house shall ascertain and count the vote of each county and legislative district and decide any contest that may be made concerning the same, and said decision shall be made by a majority of the whole number of members of the house of representatives concurring therein, by a viva voce vote, which shall be recorded in its journal; Provided, In case the two highest candidates have an equal number of votes in any county or legislative district, the electoral vote of such county or legislative district shall be considered as equally divided between them. The person found to have received a majority of all the elective votes, and also a majority of the popular vote, shall be declared elected.
Section 141. If no person shall receive such majorities, then the house of representatives shall proceed to choose a governor from the two persons who shall have received the highest number of popular votes. The election shall be by viva voce, which shall be recorded in the journal, in such manner as to show for whom each member voted.
Section 142. In case of an election of governor or any state officer by the house of representatives, no member of that house shall be eligible to receive any appointment from the governor or other state officer so elected during the term for which he shall be elected.
Section 143. All other state officers shall be elected at the same time and in the same manner as provided for election of governor.
The legislature is prohibited from electing officers to a very great extent by the following section of the constitution: