The times. [volume] (Richmond, Va.) 1890-1903, 1900-05-06


the House of Delegates. has prepared the
following article concerning the consti-
tutions of the various Southern States
which is of especial interest at this time:
Editor Of The Times.
Sir,-The question Of supreme political
interest in Virginia to-day is the calling
of the constitutional convention. The
platform adopted at Norfolk had been
virtually anticipated in all other particu-
lars. Indeed, it was for some time before
the meeting of the recent State conven-
ton a foresone conclusion that that body
would declare in favor of a constitutions
al convention and the only uncertain ele-
mentS were the amount of opposition
with which the proposition would be met
when brought forward in the convention,
and the shape which the conventions
approval of the scheme would probably
take To all who have followed the
course Of the agitation in favor of a
constitutional convention, it has been
manifest that the advocates of the con-
vention have been chiefly actuated by
desire TO restrict the right of suffrage
granted by our present constitution.
There is a strong and well-founded de-
mand for the reform of our present lu-
dfcial system. There has been much de-
nunciation, more general than specific, of
the present constitution as cumbersome
and expensive instrument. If the con-
vention be called, there will be among its
membership gentlemen we'll trained in
public affairs. who will probably have
various remedies to propose for the ills
which afflict us under the present or
canic law. But it is safe to say that the
main problem for the consideration of
the convention, the question which Will
call for the exercise of the highest quail
ties of political wisdom and statesman
ship of its members. which demands the
most thoughtful consideration OF every
Nirginian interested in the welfare of
the State, and which will be solved only
after protracted discussion, is the pro-
posed limitation of suffrage.
Ii Is therefore, q matter not without
interest at the present time, to CONSIDER
in their legal bearings the constitutional
provisions whereby other States have
sought 10 remedy The conditions complain
ed of in Virginia
PAYMENT OF TAXES.
In nearly all of the Southern States the
rlayrre,lt if certain taxes is made a pre-
requisite of the right to vote Some, like
Arkansas and Florida, require merely the
poll-tax to be paid Georgia eNacts the
,ayment of all taxes. There are also
Various Disqualification on account OF
crime. the disqualifying crimes, in most
cases. being not those OF violence, but,
as was said by the Supreme Court of
Mississippi in the case of Ratcllff vs.
Beale, 20 So. Rep. S65. the furtiVe Oh
lenses" to which the criminal members
of the negro race ore prone.
These are provisions which, douptiess,
are 10 some extent effective IN eraci-
eating the irresponsible and vicious vote
The Acknowledgement of Arkansas writes
me that in his State. combined with the
Australian ballot system, the provision
as TO prepayment of poll-taX has the de-
sired effect of eliminating the ignorant
and vicious element
But the Southern State constitutions
which have attracted the most attention
and which are the most drastic in their
restrictions upon the suffrage are those
of Mississippi, South Carolina and Louis
lana. North Carolina has now pending
an amendment modelled closely upon the
louisiana clause.
The object OF the trainers of these con-
stit,tional declarations of the right of
suffrage has been frankly and boldly
avowed TO he the elimination of the
ignorant and irresponsible negro vote
without, at the same time. disfranchslng
the illiterate white man.
In view of the Fourteenth and Fifteenth
Amendments to the Federal Constitution.
which prohibit the abridgment of the,
privileges or immuuities of citizens OF
the United States, and the deI.ial or
;sl,,tdgauent of the right to vote on ac
Of serritude, it will readily be perceived
that the question IN its legal aspect has
PRESENTED some difficulties.
THE PIONEER.
Mississippi was the pioneer. BY her
constitution, which went into effect in
1892, it was provided that on and after
January l. y D. 1892. every elector
should. in addition 10 the qualifications
OF residence, freedom from conviction of
crime and raynlent OF taxes. BE able
10 read any section of the constitution
OF this State. or he shall be able 20 UNI
derstand the same when read to him,
or give q reasonable Interpretation there
Of"
This clause was attacked in the case
of Williams VS. Mississippi, 40 {. s.. 2l3
which came up thus: The Mississippi
constitution provides that to be Juror,
one must be an elector. Williams was
negro and was indicted in Mississippi
by grand jury Of white men, FOR muir
der. He moved to quasn the Indictment
upon the ground that the laws by which
the grand Jury which presented the in
dictment We're chosen were repugnant to
the Fourteenth Amendment OF the United
States Constitution. His motion was de-
nicd He WAS tried and convicted by
jury composed of white men, ~ motion
for a new trial was soverruled. and he was
sentenced 10 be hanged. The supreme
Court Ct Mississippi affirmed the 1eoS-
rnent of the court below. Upon appeal
10 tho Supreme Court of the United
States. counsel for Williams argued that
The discretion given TO the registration
officers under this Mississippi law was
but scheme on the part OF the trainers
of the constitution to abridge the suf-
irage of the colored electors in the State
of mississippi on account OF their pre-
voas condition of serritude, and that
said discration could be and had been used
in the county in which Williams was
tritd. to that end. The Supreme Court
of the United States affirmed the judg-
ment of the Mississippi courts, upon the
ground that the section of the Mississippi
constitution prescribing the qualifications
Of electors and jurors, and the sections
of the Code enacted in pursuance there
OF. with regard to elections. do not on
their tsce discriminate between the