answered whether propounded by the
counsel or not. Where the State court decided the case for reasons
independent of the Federal right claimed its action is not reviewable
on writ of error by the United States Supreme Court." It was held that
the writs of error to this court should be dismissed, as such
decisions do not involve the adjudication against the plaintiff in
error of a right claimed under the Federal Constitution but deny the
relief demanded on grounds wholly independent thereof." In _Wiley_ v.
_Sinkler_, and _Swafford_ v. _Templeton_, the registrars were legally
averred to be qualified.[66]

In the Maryland case of _Pope_ v. _Williams_[67] the court further
explained its position. While the State cannot restrict suffrage on
account of color, the privilege is not given by the Federal
Constitution, nor does it spring from citizenship of the United
States. While the right to vote for members of Congress is derived
exclusively from the law of the State in which they are chosen but has
its foundation in the laws and Constitution of the United States, the
elector must be one entitled to vote under its statute. A law,
therefore, requiring a declaration of intention to become citizens
before registering as voters of all persons coming from without
Maryland is not a violation of the Constitution.

In the case of _Guinn_ v. _United States_[68] the court held that the
literacy test was legal and not subject to revision but in this clause
of the constitution that part of a section providing for literacy was
closely connected with the so-called grandfather clause that the
United States Supreme Court declared both unconstitutional as it did
in the case also of _Myers_ v. _Anderson_,[69] coming from Annapolis,
Maryland, and in the case of _The United States_ v. _Mosely_, from
Oklahoma.[70] The clause referred to follows:

"No person shall be registered as an elector of this State or be
allowed to vote in any election herein, unless he be able to read
and write any section of the Constitution of the State of
Oklahoma; but no person who was on January 1, 1866, or at any
time prior thereto, entitled to vote under any form of
government, or who at that time resided in some foreign nation,
and no lineal descendant of such person, shall be denied the
right to register and vote because of his inability to read and
write sections of such constitution. Precinct election inspectors