New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-26
THE SOUTH AND NEGRO SUFFRAGE
MIssIss1PPrs GIITTERACY TESLA LETTER
FROM GENERAL CATCHINGs DE-
FENDS IT'S VALIDITY

M1ssIss1PPrs GLIITERACY TESLA LETTER
FROM GENERAL CATcHTNGs De
FENDs ITS VALIDITY.
To the Editor Of The Tribune.
Sir: My attention has been called n the edl-
toral in your issue Of the lch inst under the title.
THE South ard Negro Suffrage" in which Won
say:
1t would be equally fortunate FOR all sections OF
such as that I'm contemplation m North Carolina.
eppi and SOUTH " capona could be- bronght IN he
near future 10 A deliberate and thorough consttu-
tiona test
You have no doubt overlooked the case ~ VIII
fans vs. state Of Mississippi. reported in 10 I. s
Supreme Court Reports page 213 ct seq. wherein
the validity Of the suffrage provisions ~ the Mlssis
sippi Constitution was expressly affirmed Those
provisions may he briefly stated. Every male In
habitant IL qualified voter who "a r citizen or
the United States twenty-ore years old and up
ward who has resided in the State two years and
in the election district or in the Incorporated city
or town IN which he offers to vote, year; who
has never been convicted of certain designated
crimes; who has paid or before the first day OF
February Of the year in which he offers to vote all
taxes which may have been legally required Of
him, and which he has had ar opportunity of pay
ing according 10 law for the two preceding years
and who shall produce 10 the officers holding the
election satisfactory evidence that he has paid
such taxes; who is able TO read any section ~ the
Constitution Of the State understand the same
when read to him, or give reasonable interpreta-
ton thereof and who has been duly registered
more than four months before any election at
which he offers to vote by officer OF the state
legally authorized to register the voters thereof
The Constitution Of the State provides that no
person shall be grand or petit juror unless he Is
a qualified elector. Henry Williams the plaintiff
in error i'm the cited, was indicted for muir
der and convicted. The suffrage provisions Of tho
BAL
case through the requirement that grand and petit
Jurors must he qualified electors
The Court. speaking by Mr.. Justice Mckenna,
said:
Besides the operation OF The Constitution and
Laws IS rSt limited ny lhelr ct ba men AZ
well As weak and vicious black men, and Whatever
prevented by both races by the exertion Of that
from crime Ii cannot be said therefore. that
arises primarily from the Constitution and laws
poss Of he Convection to disfTanchise citizens OF
the colored race. but with this We have no concern,
unless the purpose Is executed by me constitution
or laws or those who administer them
In the case Of Ratin vs. Beale, 18th Miss. page
2i7 the Supreme Court Of Mississippi. in passing
upon the question 20 whether property exempt
from taxation could be dlstrained 10 coerce pay
ment Of a poll tax due from the owner. FOR the
purpose ~ discovering the sense in which the
word "llen" was used in the Constitution. felt
called upon to discuss the conditions under which
the Constitutional Convention Of 1870 assembled
and framed the Constitution promulgated IN that
year Among other things. It said:
Not only in this state. but throughout our sister
States thoughtful and anxious men turned upon
The solution Of the question all the light 10 be
gathered from history or specglatoh. Du' 81. III
Civ1 war through a period Of military occupancy
followed by another IN which the control or puDhc
affairs had passed to recently enirahcnlseq rHre'
united by education and experience for the re-,
spons Utilities thrust upon H. This was succee1 1
by 4 semi military semi-civil UPRISING, uhaer
which the white race, inferior In number. oui sn-
perior in spirit IN soVe,nmea 71ri be anonaiv
telligeuce was restored 10 power ne hIoil a.,
was then presented Of government whose as
nctvs charactefistic was mat rofep and sd
will Of the majority oenE am u,de-
minisered BY minority Of those enti,ien u,lues
Inc ha bltual disregard OF one law not only brings
II finally into contempt, but tends 10 weaken ,T
anerf Tor ALI other laws The most dangerous ana
i1edious form in which this evil can exist is that
which manfcsts itself in the disregard or Puntc
seauences more widely difused and less rapidly
eradicatcd bun because no particular rgh OF III
pro',nf and the evil progresses TO dangerous pro
portions before its eXstence Is noa'g r,ost 4iei3t
one for solution by reason OF Us na lto. nnl %
added to Us tIsat H. nrendments "a the
Th deicuIty as ali men knew from racial
tho adoptOn OF any laws under Whlch 4 uis'i
ton should he made e ser f%r Within the ned
- rlpnies,bIo action under the limitations imposed
~ tbn Foderal Constitution. the convention swept
oy Ir,ie ~ cxpcdients 70 obstruct the exercise OF
the franchise by the negro race. ~ reason oi ~ -
urevoue condition 81 serytude and dependence this
ra Rad acquired or accentCated certain peculiari-
lies ~ habit Of temperament ana or character
which clearly distinguished II as race IRON inA'
~ Ne vhite-a patient. doce people. but careless
iardless and migratory within narrow limits Win.
TO-, forothouchf and ifs criminal members given
% bcr 70 furve offences than ne robust crimes
Of Inc whites Restrained by me federal on,
race Inc convention Disseminated against IT'S char-
acteriscs and the offences 70 which lts wea set
W. Convention had before Il for considera Ion two
Measure and to make its payment
compulsory. the other 10 Impose tne 'a& as or "a
isrge number Of a class of persons. which class II
was impracticable wholly 70 exclude ana no, ue-
Srsog erImsriv Intended by the trainers OF the
Constitution as clog upon ne m nSesrs ~
revenue
Here you will see there IS A plain and unequvocai
judicial finding by the highest court OF the state
that the suffrage provisions OF the constitution
were framed for the express and avo"ed purpose
~ limiting negro suffrage as far as possible WITHIN
the bounds OF the Federal Constitution Inc sn-
preme Court Of the United States in the Williams
case. after quoting from this opinion Of the su-
preme Court Of Mississippi. said:
B,t nothing tangible can be deduced from ms
II weakness were 10 be taken advantage o. II VIZ
~ he limitations imposed by the Federal Con,
siifliion." and tho means OF 1t were the sneged
characteristics Of the negro race not me ahinln'-
tration Of the law by the officers OF the STATE
After fully considering the Williams case II was
affirmed.
The Constitution Of Mississippi was not submitted
10 the people for ratification or rejection put was
directly promulgated by the convention II was
urged before the Supreme Court that the Nol-
stitution was invalid because Il laf not been SUP
rnitted 10 The people for ratification or reJecuoi'
but this point being purely fancifu was ignored
II was also pressed upon the Court that the iran
49,.