RIGHT OF SUFFRAGE.

SECTION 1. All elections by the people shall be by ballot and

elections shall never be held or the ballots counted in secret.

SEC. 2. Every qualified elector shall be eligible to any office

to be voted for, unless disqualified by age as prescribed in this

Constitution. But no person shall hold two offices of honor or profit

at the same time, except that any person holding another office may at

the same time be an officer in the military and a notary public.

SEC. 3. Every male citizen of this State and of the United States 21

years of age and upwards, not laboring under the disabilities named

in this Constitution and possessing the qualification required by it,

shall be an elector.

SEC. 4. The qualifications for suffrage shall be as follows:

(a) Residence in the State for two years, in the county one year, in

the polling precinct in which the elector offers to vote four months,

and the payment six months before any election of any poll tax then

due and payable; provided, however, that ministers in charge of an

organized church and teachers of public schools shall be entitled to

vote after six months residence in the State, if otherwise qualified.

(b) Registration, which shall provide for the enrollment of every

elector once in ten years and also an enrollment during each and every

year of every elector not previously registered under the provisions on

this article.

(c) Up to January 1, 1898, all male persons of voting age applying for

registration who can read any section in this Constitution submitted

to them by the registration officer, or understand and explain it when

read to them by the registration officer shall be entitled to register

and become electors. A separate record of all persons registered before

January 1, 1898, sworn to by the registration officer shall be filed,

one copy with the clerk of court and one in the office of the secretary

of the state, on or before February 1, 1898, and such persons shall

remain during life qualified electors unless disqualified by the other

provisions of this article. The certificate of the clerk of court or

Secretary of State shall be sufficient evidence to establish the right

of said citizens to any subsequent registration and the franchise under

the limitations herein imposed.

(d) Any person who shall apply for registration after January 1st,

1898, if otherwise qualified, shall be registered; provided, that he

can both read and write any section of this Constitution submitted to

him by the registration officer, or can show that he owns and has paid

all taxes collectible during the previous year on property in this

State assessed at $300 or more.

(e) Managers of elections shall require of every elector offering to

vote at any election, before allowing him to vote, proof of the payment

of all taxes, including poll tax, assessed against him and collectible

during the previous year. The production of a certificate or of the

receipt of the officer authorized to collect such taxes shall be

conclusive proof of the payment thereof.

(f) The general assembly shall provide for issuing to each duly

registered elector a certificate of registration and shall provide for

the renewal of such certificate when lost, mutilated or destroyed, if

the applicant is still a qualified elector under the provisions of this

Constitution, or if he has been registered as provided in subsection

(c).

SEC. 5. Any person denied registration shall have the right to appeal

to the Court of Common Pleas or any judge thereof, and thence to the

Supreme Court, to determine his right to vote under the limitations

imposed in this article, and on such appeal the hearing shall be de

novo and the General Assembly shall provide by law for such appeal and

for the correction of illegal and fraudulent registration, voting and

all other crimes against the election laws.

SEC. 6. The following persons are disqualified from being registered or

voting:

First. Persons convicted of burglary, arson, obtaining goods or money

under false pretenses, perjury, forgery, robbery, bribery, adultery,

bigamy, wife-beating, housebreaking, receiving stolen goods, breach

of trust with fraudulent intent, fornication, sodomy, incest, assault

with intent to ravish, miscegenation, larceny, or crimes against the

election laws; provided, that the pardon of the Governor shall remove

such disqualification.

Second. Persons who are idiots, insane, paupers supported at the public

expense, and persons confined in any public prison.

SEC. 7. For the purpose of voting, no person shall be deemed to have

gained or lost a residence by reason of his presence or absence while

employed in the service of the United States, nor while engaged in the

navigation of the waters of this State, or the United States or of the

high seas, nor while a student of any institution of learning.

SEC. 8. The general assembly shall provide by law for the registration

of all qualified electors and shall prescribe the manner of holding

elections and of ascertaining the results, of the same; provided, at

the first registration under this Constitution, and until the 1st

of January, 1898, the registration shall be conducted by a board

of three discreet persons in each county, to be appointed by the

governor, by and with the advice and consent of the senate. For the

first registration to be provided for under this Constitution, the

registration books shall be kept open for at least six consecutive

weeks, and thereafter from time to time at least one week in each

month, up to 30 days next preceding the first election to be held under

this Constitution. The registration books shall be public records open

to the inspection of any citizen at all times.

SEC. 9. The general assembly shall provide for the establishment of

polling precincts in the several counties of the State and those now

existing shall so continue until abolished or changed. Each elector

shall be required to vote at his own precinct, but provision shall be

made for his transfer to another precinct upon his change of residence.

SEC. 10. The general assembly shall provide by law for the regulation

of party primary elections and punishing fraud at the same.

SEC. 11. The registration books shall close at least 30 days before

an election, during which time transfers and registration shall not

be legal; provided, persons who will become of age during that period

shall be entitled to registration before the books are closed.

SEC. 12. Elector in municipal elections shall possess the

qualifications and be subject to the disqualifications herein

prescribed. The production of a certificate of registration from

the registration officers of the county as an elector at a precinct

included in the incorporated city or town in which the voter desires

to vote is declared a condition prerequisite to his obtaining a

certificate of registration for municipal elections, and in addition

he must have been a resident within the corporate limits at least four

months before the election and have paid all taxes due and collectible

for the preceding fiscal year. The general assembly shall provide for

the registration of all voters before each election in municipalities;

provided, that nothing herein contained shall apply to any municipal

election which may be held prior to the general election of the year

1896.

SEC. 13. In authorizing a special election in any incorporated city or

town in this State for the purpose of bonding the same, the general

assembly shall prescribe as a condition precedent to the holding of

said election a petition from a majority of the freeholders of said

city or town as shown by its tax books, and at such elections all

electors of such city or town who are duly qualified for voting under

section 12 of this article, and who have paid all taxes, State, county,

municipal, for the previous year, shall be allowed to vote, and the

vote of a majority of those voting in said elections shall be necessary

to authorize the issue of said bonds.

SEC. 14. Electors shall in all cases except treason, felony or breach

of peace, be privileged from arrest on the days of election during

their attendance at the polls and going and returning therefrom.

SEC. 15. No power, civil or military, shall at any time interfere to

prevent the free exercise of the right of suffrage in this State.

The Convention having under consideration the Legislative Department

Ordinance, when Section 34 was reached, which reads:

“The marriage of white persons with a Negro or a mulatto, or person who

shall have one-eighth or more of Negro blood, shall be unlawful and

void;”

he proposed an amendment adding after the word “void” in the second

line, the words “and any white person who lives and cohabits with a

Negro, mulatto, or person who shall have one-eighth or more of Negro

blood, shall be disqualified from holding any office of emolument or

trust in this State, and the offspring of any such living or cohabiting

shall bear the name of the father, and shall be entitled to inherit and

acquire property the same as if they were legitimate.” He then spoke as

follows:

“MR. PRESIDENT: I hope this amendment will be adopted. Sir, there

is not a colored man or woman of any respectability, not only in

South Carolina, but in the whole country, that does not oppose the

intermarriage of the races. There are very few, if any exceptions, in

South Carolina, where a white man ever married a respectable colored

woman or a colored man married a respectable white woman. The facts in

the case are, that the white woman that marries a Negro man as a rule

has been an outcast by her race, and the colored woman that marries a

white man, has no standing with the respectable women of her race, and

the white man no better with his. I cannot see why you want to prevent

the intermarriage of the races, when they want to legitimize their

actions, unless you adopt my amendment, prohibiting the cohabitation

of the white men with the Negro women. Mr. President, and gentlemen of

this Convention let me give you a little statistic, showing you, if it

is possible, to do so, the wrongs you, or your fore-fathers have done

to my race. Let us stop it, if we can; I fear not, but let us put it in

the fundamental laws of this State.

“The number of Americans of African descent, wholly and in part,

returned to the census bureau in 1890 was 7,470,035. These were divided

as follows: Pure Africans, 6,337,980; mulattoes 956,987; quadroons,

105,132; octoroons, 69,936. The total mixed bloods, white and black,

was 1,132,060 in the whole country, and a third of these are above the

Mason and Dixon line.

“Mr. President, a careful perusal of the census, also history, shows

that more than three-fourths of the mothers of this large number of

mixed blood whom you seek to legislate against, are colored women, if

so, who could have been their fathers? Do not any of you rise and deny

this, because I am no lawyer, but know enough about it that I cannot

impeach my own witness. A careful perusal of the census, also shows in

the State, that this one-fourth that lives beyond Mason and Dixon’s

line shows fully that three-fourths of the one-fourth of the mixed

blood were born in the Southern States. So you see, gentlemen, you are

responsible for the wrongs that have been done; let us in the name of

God, and in behalf of virtue, try and put a stop to this cohabitation.

I could but admire a few days ago, when the gentlemen upon this floor

spoke so highly of the women of this State, I am mindful of the fact

that when they spoke of the women of this State that they spoke of

the white women. I can but echo their sentiment, and do say, that I

believe them to be as pure women as can be found anywhere in the world.

I have not been strongly in favor of female suffrage, but since your

discussion on the Divorce Law I feel I shall have to vote for the

suffrage in order that they may pass a law or laws that will make

you as pure as they are. We have, sir, as pure colored women in South

Carolina and in this country, as any race upon this earth. Sir, that

evil, known as slavery caused all of this. This wrong was done by you

all, owning them as your slaves. Sir, no act of yours will prevent a

white man from marrying a colored woman or a colored man from marrying

a white woman, who have the means to go in another State. There are

many States in the Union, that do not prevent them marrying and they

can go and get married and you cannot help yourself. I have in my mind

distinctly, a colored man and a white woman who were in love with each

other, and who wanted to get married, but this man recited to her the

law on your Statute book that prohibited the intermarriage of the

races. This lady stated that there were no such laws in the district of

Columbia, New York or Massachusetts. She was as pure a lady as there

is. I only cite this because it is a matter that you cannot control

except directly in the State. This entire matter, sir, has no right in

the Constitution of the State, if your women are as pure as you stated,

and I have reason to believe that they are, they can be trusted; then

why the necessity of this being placed in the Constitution? Can you not

trust yourselves? Is it because that these wrongs have been perpetrated

here, since the formation of the Government, that you feel that you

can’t be trusted? When I say you, I mean the white men of the entire

State. I fear not; hence I trust the amendment will be adopted. These

wrongs have been done, and are still being done, it is not done by

colored men, it is done by white men. If a Negro should improperly

approach a white woman, his body would be hanging on the nearest tree

filled with air holes before daylight the next morning--and perhaps

properly so. If the same rule were applied on the other side, and white

men who insulted or debauched Negro women were treated likewise, this

Convention would have to be adjourned sine die for lack of a quorum.

“The gentleman called me to order stating that I had reflected on the

Convention. I do not wish to reflect on the Convention. I do not wish

to reflect on the Convention, but do say, that if he has clean hands

he will keep his seat, because I do not mean to reflect on any man who

objects to the intermarriage of a Negro or Mulatto woman with a white

man, and is willing to prohibit the cohabitation, which is the root

and branch of this evil. Stop this evil, and there will be no occasion

for your intermarriage law. Sir, I oppose the intermarriage of the

races as strongly as you do, and I feel that I echo the sentiment of

the respectable class of both sides; because with few exceptions, we

find these marriages are among the lower element of both races, and,

therefore, they degrade and not elevate either race. But sir, don’t

tell me that you will make a law to prevent lawful marriages and give

full license to illicit marriages. Watch the census of each decade,

you will clearly see that this vice is decreasing among our people; as

they are progressing educationally they are raising themselves out of

this degradation, that your race has placed upon them. Now sir, I say,

prohibit intermarriage of the races, also make a law as binding against

cohabitation. Then you will make your men as true as your women. And

our race will be freed from a vice, that is as degrading as the system

of slavery. Again sir, in behalf of my race, I hope that the amendment

to the section under consideration will be adopted and become a part of

the Constitution of the State.”

The introduction of this amendment caused a great deal of discussion,

which showed plainly that South Carolina had no idea of punishing white

men for wrong done to colored women, nor would she allow the wrong to

be rectified, and the original Section 34 was adopted, and is now the

fundamental law of the State.

On page (20-22) we have selected two editorials on this amendment, also

a telegram on page 23.

The following is clipped from Section 6 on Education. There are in this

State several thousand soldiers who fought for the perpetuity of the

Union, yet they are compelled to pay the poll tax ten years longer than

these who sought to destroy it.

“There shall be assessed on all taxable polls in the State between

the ages of 21 and 60 years (excepting Confederate soldiers above the

age of 50 years) an annual tax of $1 on each poll, the proceeds of

which tax shall be expended for school purposes in the several school

districts in which it is collected.”

Claflin College was advocated for colored students, taught by Negroes;

the best, wherever they could be found, should be secured.

The committee on order, style and revision had the work ready, and

all that was needed was the signature of the members to make the

Constitution final. The members went up in county delegations and

signed the new organic law.

President Evans and Vice President Jones signed the new Constitution as

the officers present, and then came Abbeville and the other counties on

down. When Beaufort was reached, Delegate Smalls asked to be excused

from signing the Constitution, as he would not sign a Constitution with

such an article on suffrage. He was unanimously excused. He was the

only member of the Beaufort delegation present.

Some one during the progress of the signing sent up a resolution that

members not signing the Constitution should not be paid. Gen. Smalls

said he would walk home rather than sign the instrument. President

Evans did not press the resolution, and members generally thought

lightly of the matter, and it was not even put to the Convention.

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Speeches at the Constitutional Convention With the Right of Suffrage Passed by the Constitutional Convention · 第 9 / 16 题