The Montgomery advertiser., 1903-06-28

South who under this provision are ad- mitted to the ballot we have no means of knowing. It has been estimated that the total awnings of negroes in the Southern States amount up to three hum dred million dollars worth of personal and real estate. It is officially reported that in Virginia they own one-twenty- sixth of all the land in the State. These facts would seem to indicate that not inconsiderable number of negroes are ad- mitted to the ballot in the Southern States under the property qualification. On the other hand a considerable white popula- ton has been disfranchised under this property clause. We are informed by a Southern correspondent, whose means of acquaintance justify our placing some confidence, in his statement. that Tn Ala bama fully fifty thousand white men, un- der the practical operation of the Con- stitution, by non-payment of poll taxes or other clauses, have been disfranchised.
 Under some of these constitutions those who do not possess taxable property are entitled to register and vote, provided they are soldiers or the sons of soldiers. This provision is, however, temporary. not permanent, and it is in terms equally ap- plicable to blacks and to whites. In fact, 1t admits many more whites to the ballot than blacks, because in the wars of the United States and of the seeding States there have been many more white soldiers than colored soldiers. Still it ought to be recognized that this clause operates to admit some colored voters. As the regis trars keep no record of the color of the applicants for registration, we are not able to sta-e how many colored men have registered under what is known as the veteran clause. In some sections, how ever, considerable number of such regis trations have taken place. T should think 1t sate to say writes a Virginia gentleman to us, that from one-fourth to one-third of the negroes in the two counties (of Accomack and North Hamp- ton) registered under this clause" But no doubt this Is a large proportion even for the State of Virginia, and the number of registrations under this clause in the Gulf States, would probably be very snalI.
 There are two provisions in the South ern constitutions to which there are se- | rious objections. which. 1t Is only just to say, were vigorously opposed by leading and influential citizens in the Southern States. One of these Is the grandfather clause" the other the understanding clause" The grandfather clause" which allows all persons who could vote | in 1867 and their descendants to register prior to a certain fixed date. was evi-
 
 | clude negro voters. although it is true that 1t admits a few free negroes and their descendants, and excludes a few white immigrants and their descendants. Two things are to be said in excuse, if not in Justification, of this clause. First. in order to secure the necessary number of white voters to a Copstitution requir- ing an educational or property qualifica- tion for suffrage, 1t was supposed to be VAltA AN4a ln- to be retained by those white voters who already possessed it, or were just coming Into the possession of It. Second, this
 grandfather clause has already expired in Louisiana. and will expire in North Carolina in five years after which time no one can register who does not possess qualifications equally applicable to black and to white. But it must also be re- membered that though the clause ceases to be operative, Its effects do not cease. For all who have registered under this clause will continue to vote.
 The understanding clause seems to us more seriously objectionable. It al- lows the registrars to exclude from the suffrage the applicant who, in their opin- lon, does not understand the Constitu- ton when he reads 1t or when 1t is read to him. If such clause existed in New York State we are very sure that there would be Democratic registrars who would exclude Republican for thinking that the Constitution forbade an income tax, and Republican registrars who would exclude Democrat for thinking that 1t allowed an income tax. No such perilous discretion should be allowed to registrars as Is allowed by the amended constitu- tons of Mississippi. South Carolina and Virginia. We cannot doubt that the ob- ject of this clause was to enable regis trars to exclude negroes and admit white
 
 ceived. we cannot doubt that it has been freely used for this purpose. It is true that the dlsfranchised negro has the right of appeal to the courts. but it is also true that the courts would be very loath to interfere with the discretion Of the registrars. unless the cases were so clear as to give unmistaka- ble indication of fraudulent intent. The only thing that can be said on behalf of the understanding clause is that in the State of Virginia it expires by it's own limitatio in 1904. It does not so expire in Mississippi. We cannot better express our condemnation of this understanding clause" than in the words of the Hon. John B. Knox. of Alabama: But to this plan the objection has been urged with force that it perpetuates the very form of abuse which we are seeking to escape; that elections by managers or registrars. is not what we want. Our aim should be for correction of all evils which threaten the purity of the ballot and the morals of the people.
 To sum all up in a paragraph In all of the Southern States any negro who possesses a limited amount of taxable property, about $500 worth, assessable value and can read and write the Eng fish language. can vote; in three of the Southern States any negro who can read and write the English language. and has paid his poll tax, can vote. all though he may not be the owner of tax able property; and in three of them he can vote if he owns taxable property, even though he cannot read or write. In none of the Southern States is a negro legally disqualified from voting because he Is a negro; in none of the Southern States is he disqualified if he possesses three hundred dollars worth Of property. and gives evidence of his ability to use lntellgently the English language
 It may and will be said that the negro has been so long accustomed to find him self excluded from the polls by violence, or his ballots not counted when they are cast, that he has grown discouraged and will no longer attempt to register and