The Democratic advocate., 1901-10-05

gated 30,174, or less than one-third of the
legal voters of the State. What became OF
the other sixty-two thousand and odd voters?
Twenty nine thousand, seven hundred and
ninety nine voted against the adoption of the
Constitution, others were no doubt in the
Confederate army, but the great preponder-
ance of the residue were DISTINGUISHED by the
Republican party, aided by Federal bayonets.
There we're at least 80, 900 voters disfran
chised and all of them were white men and
Democrats And yet at that very time the
Declaration of Rights adopted in 1851 was IN
force and contained identically the same pro
vision partially quoted in the Republican
platform from the Declaration of Rights of
1867. to the effect that every white male cit-
zen possessing the qualifications prescribed by
the Constitution of 1851 ought to have the
right of suffrage. But Constitution and Dec
lations of Rights did not then stay the hands
of the Republicans.
The method by which this wholesale dis.
franchisement was effected was lawless and
barefaced. By the Constitution OF 1851,
which remained in full force until superseded
by the one which went into effect on Novem.
ber the lst, 1864, every white male citizen OF
the State above the age of twenty-one years
and who possessed the qualifications set forth
IN Inc CONSTITUTION vi IOcls WtIo thNitiSN ~
vote. If every qualified voter had been per
mitted to vote on the adoption of the Consti-
tntion of 1864 that instrument would have been
rejected To secure its adoption the conven-
ton prescribed that it should be submitted TO
the voters of those persons only who possessed
other and different qualifications contained
for the first time in the yet unadopted Constr
tuition, This regulation of the Constitution
was fatty i'm the face of the then existing Con-
stiiution of 1861. By section of article IL
of the Constitution of 1864 it was provided,
and this too before that instrument was adopt
ed or had become operative, that the Judges
of Election OF said city aud ofthe several coun-
ties of the State, shall receive at said election
Ithat is the election to determine whether the
instrument should be adopted the votes only
of such electors as are qualified according 10
the provisions of this Constitution" Bear IN
mind that 'sthis Constitution had not yet
been adopted and was wholly imperative.
By section of Article l, of the unadopted
Constitution of 1864 it was declared that no
''person who has grven any aid, comfort,
countenance or support to those engaged IN
armed hostility TO the United States.
or who has been guilty of "unlawfully send
ing within the lines of such enemies money or
goods or letters 4 or who has by any
open deed or word declared his adhesion to
the cause ofthe enemies of the United States
or his desire for the triumph Of said enemies
over the arms of the United States, shall ever
be entitled to vote at any election to be held
in this State; The sending of letter on
any subject across the lines, or the sending of
money or medicine by father to his wounded
son in The Confederate service, or the mere
expression OF an opion favorable to the cause
of the South during the war between the
States was made ground of disqualification,
and this was not done by an act of the Legis
lature nor by the voice of the people, but by
a convention whose work had no efficacy or
force whatever until subsequently sanctioned
by the people. That convention had no power
to add TO the qualifications of a voter because
those qualifications were fixed by the Consti-
tuition of 1851 and the latter was binding on
the convention and remained the supreme law
of the State until abrogated by the people.
The convention had the right, ofcourse, to fix
whatever qualifications it saw fit with respect
to voters in the future, to become operative
after the adoption OF the Constitution. but
that would not have served its purpose and
so it usurped the power to defy and did DEFY
the existing law By this high handed meas
ure enough Democrats were kept from voting
to enable less than third of the legal voters
to carry through at the election on October
18th and 18th, 1864, Constitution which by
its own terms did not become operative until
the first of November following.