The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1895-05-15

| d Qudlllleu duo legal NOlef. ILLS GU
tire provision is most peculiar, with
out a precedent, and without defense,
even from the advocates of the law
Why the books should be closed for
months before the election and kept
open for months after it is over, to the
uninformed would be passing strange,
and yet in the light of the recent his.
tory Of this State and the discussion of
this cause, is easily understood.
"A sTUPENDoUs OUTRAGE.
A careful examination of the regis
tration enactment of the State of South
Carolina-excluding the act of 1854
brings me to the conclusion that if a
voter who was duly qualified and en-
titled to register in May and June,
1882, did not, On account of absence,
sickness, inadvertence or other cause,
register when the books were open IN
that year, he was not only prevented
from voting at the general election IN
November, 1852, but was and has
been prevented under the law-from
voting at all elections held in the
State subsequent to said election IN
1882. This seems almost incredible,
yet think it is correct. The state
ment is appalling, the outrage stupen-
dous, the result close to the border
land that divides outrage from crime.
It is not necessary to discuss it fur
ther-ikely the least said about it the
better.
4 THE ACT OF 1894.
! Does the act of 1S94-the convention
act, with its four sections relating to
egistration-cure the defects | have
alluded to, and render valid the form
er unconstitutional laws | have men
toned? In my opinion it does not.
These sections refer to the old LAWN
fact, are to be considered as part OF
it, as amendments thereto-and they
contain all the bad features thereof,
including the certificates to be pro.
duced at the polls and the closing OF
the books many days before the elec-
ton. They also add to the qualifica-
tons contained in the Constitution
relative to the residence of the voter
in Ghe State and county. And they
make no provision for the registering
of voters between the closing of the
books and the election, when their
names have been omitted on account
of absence or other usually sufficient
reason. Again, the applicant for reg
istration must make affidavit setting
forth his full name, age, occupation
and residence at the time of the gener-
al registration in 1882, or at the time
thereafter when he became entitled to
register, and also give the place OR
places of his residence since the time
when he became entitled to register.
This affidavit must be supported by the
affidavit of two respectable citizens
who were each of the age of twenty
one years on the 3Oth day of June,
: | 1882, or at the time the applicant be-
came entitled to register. Our most
intelligent voters would dread this Or
], deal. This history of their movements
!; for years; that statement of the differ
, ent places at which they have lived
this securing of two reputable athants
, who must have been twenty-one years
J, of age in 1882, or at the time the appli,
cant arrived at voting age. With
what crushing force, then, must ii
strike the weaker race which is thus
, made to suffer by the stronger; how
, difficult for them to thus write out the
books of their lives, and have all the
, pages thereof attested by two witnesses,
reputable in the estimation of the reg
istrar, who is to judge them. In my
opinion the fact that there still remain
!, several days-prior to the election
during which the plaintiff may apply
for registration, does not, in the light
of the allegations of the bill, the proofs
rendered and admissions made, pre-
vent him from: asking for, more
the court from granting, the relief
prayed for.
was asked, in case any portion of
the said registration laws should be
found invalid, to eliminate the part so
found and decree that the remaining
sections should stand. have not
been able to make the separation, for
/ I find it all so interviewer as to render
it irnpracticable. so far as results are
concerned. and I cannot winnow when
there is no gram. In behalf of those
so treated, all interested in the welfare
Of their country and desirous Of seeing
its laws enforced. should protest, IN
order that public sentiment should no
i longer be dormant, but may by its ac-
tivity rouse the community that has
: long suffered by such outrages to re-
alization Of their cause, and to an ap-
probation of the beneficial results to
be secured by the abolishment Of the
system that has caused them.
AGAINST THE NEGRO
}, If we may judge Of what the in
tention of the Legislature was, by the
inevitable result of its enactment, as
we are assured we can Soon Hing VS..
Crowley, 113 U. S., 703; Minnesota
VS.. Barber, 1856 .. S., 313) then the
one object that controlled the minds
of those who formulated the enact,
ment l have been considering was
| how best to abrilge and destroy the
greatest number of votes of :he citizens
Of African descent, while at the same
time interfering with as few as posi-
bic of the votes of the white race.
The fact is that, with a candor that
was as frank as it was amazing, this
was virtually admitted during the ar
gument of this case. 1t is evident that
1.-THE effect of this registration system is
to fearfully impede the exercise of the
right OF suffrage by the colored voters
of the State of South Carolina. 1t to
a great extent defeats their constitu-
tional right to vote, and it seems to be
the leading, [ must be permitted to
say, its only object, the effort being to
so iegislate as to apparently respect
constitutional requirements, but at the
same time stab to the death the rights
and immunities guaranteed by them.
Finding as l do that the registration
laws of South Carolina are unconstitu-
tional, and that their enforcement will
deprive the plaintiff, a citizen of the
United States, of the rights of citizen