From editorial page
of The Independent, Elizabeth City, N.C., Friday, March 18, 1927, W.O. Saunders, Editor
and Publisher.
The Negro and the Ballot
The recent decision
of the Supreme Court of the United States, that Negroes under the Constitution
of the United States have the right to participate in state primaries and
cannot be deprived of that privilege by state law, was inevitable. That the
disfranchisement of the Negro in many Southern States has been effectively
maintained for something like a quarter of a century with Federal opposition
has been due largely to the fact that the Negro has never put up a serious
fight for the rights of franchise guaranteed to him under the fourteenth
amendment of the Federal Constitution.
The reason the
Negro has not put up a serious fight for his rights has been due in the main to
the tact, patience and meek commonsense of Negro leaders thruout the South who
have suffered the humiliation of disfranchisement in silence because they
recognized and appreciated the elements of justice and reason in the Southern
white man’s contention that the masses of the Negroes in the South were
intellectually incapable of exercising the right of franchise.
The case from Texas
which went up to the Supreme Court at Washington was easy to dispose of because
Texas made an outright discrimination against the Negro because of his color.
Here in North Carolina we disfranchise the Negro in a more polite way, but not
less effectively.
In a constitutional
amendment adopted in 1902 we denied the franchise to the Negro by stipulating
that “Every person presenting himself for registration shall be able to read
and write any section of the Constitution in the English language.”
As a larger
percentage of Negro voters in the State could not so read and write back in
1902, the Negro was effectually disfranchised. There was not a word said about
color in our amendment. It discriminated against illiterate whites and blacks
alike. But the illiterate whites were shrewdly taken care of. The amendment
excepted any male person who was entitled to vote on Jan. 1, 1867 or any time
prior thereto, or any of his lineal descendants. Not a word was said about
color there, but Negroes were not voting in North Carolina prior to Jan. 1,
1867 so the “grandfather clause” didn’t help them; it did prevent every white
cracker in the state from being disfranchised because of his illiteracy.
But it is not in
the amendment to our state constitution so much as in its enforcement that the
Negro has been denied the vote for years. The Negro has made great strides in
educational progress in a quarter of a century and millions who could not
qualify for registration by reading and writing a section of the constitution a
few years ago, can very well qualify to-day. That they do not qualify is
because the enforcement of the amendment is in the hands of Democratic
registrars who will not permit them to qualify.
How it works is
well illustrated by a case that came to my personal attention here in Elizabeth
City a few years ago. Two well-educated colored women tried to register in a
certain precinct. The registrar told them they would have to read and write the
constitution. The registrar couldn’t read it and write it correctly himself.
But the two women proceeded to read and write as directed. The registrar saw
with alarm that they were going to qualify. He took the book containing the
constitution away from them, closed it up and told them they would have to
write from memory. He kept the two colored women off the registration books and
got away with it. They did not go to court or make any fight for their rights.
If they had gone to law and gotten by a biased local county judge to the
Supreme Court they would have won their right to the franchise and have
established a suit for damages against that registrar as well. “That private
damage may be caused by such political action and may be recovered for in a
suit at law hardly has been doubted for two hundred years,” according to the
recent Supreme Court decision.
Ultimately and at
no far distant date the Negro will regain the franchise in every Southern
State. It is his right under a white man’s constitution in the making of which
the black man had no hand. I am not setting myself up as a defender of the
Negro’s rights in the matter; I have other troubles enough, God knows. I merely
state a fact of which all of us should take cognizance.
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