[The Negro in the States of the Revised Constitutions]
The following States have revised their constitutions for the purpose of excluding colored voters, and in the following order:—
(1) MISSISSIPPI.
Section 241, Article 12, constitution of Mississippi, defining who are electors:
"Every male inhabitant of the state, except idiots, insane persons, and Indians not taxed, who is a citizen of the United States, twenty-one years of age and upwards, who has resided in the state two years, and one year in the election district * * * in which he offers to vote and who is duly registered as provided in this article, and who has never been convicted of bribery, burglary, theft, arson, obtaining money or goods under false pretence, perjury, embezzlement, or bigamy, and who has paid on or before the 1st day of February of the year in which he offers to vote, all taxes which may have been legally required of him and who shall produce to the officer holding the election satisfactory evidence that he has paid his taxes."
Section 242 of Article 12, further provides that persons offering to register shall take the following oath:
"I do solemnly swear that I am twenty one years old and that I will have resided in the state two years and (this) election district for one year preceding the ensuing election, and am now in good faith a resident of the same, and that I am not disqualified from voting by reason of having been convicted of any of the crimes mentioned in the constitution of this state as a disqualification to be an elector, that I will truly answer all questions propounded to me concerning my antecedents so far as they relate to my right to vote and also as to my residence before my citizenship in this district, that I will support the constitution of the United States and of the state of Mississippi and will bear true faith and allegiance to the same—so help me God.
Any willful and corrupt false statement in said affidavit or in answer to any material question propounded as herein authorized shall be perjury."
Section 244, Article 12, constitution of Mississippi, requires that:
"On and after the first day of January, 1892, every elector in addition to the foregoing qualifications, shall be able to read any section of the constitution of this state; or shall be able to understand the same when read to him, or give a reasonable interpretation thereof."
(2) SOUTH CAROLINA.
Subdivision (c). "Up to January 1, 1898, all male persons of voting age applying for registration, who can read any section of this constitution submitted to them, or understand and explain it when read to them by the registration officer, shall be entitled to registration and become electors."
Subdivision (d). "Any person who shall apply for registration after January 1, 1898, if otherwise qualified, shall be registered: Provided that he can both read and write any section of the constitution submitted to him by the registration officer or can show that he owns and has paid taxes collectible during the previous year on property in this state assessed at three hundred dollars ($300) or more."
(3) LOUISIANA.
Section 3. "He (the voter) shall be able to read and write, and shall demonstrate his ability to do so when he applies for registration, by making, under oath administered by the registration officer or his deputy, written application therefor, in the English language, or his mother tongue, which application shall contain the essential facts necessary to show that he is entitled to register and vote, and shall be entirely written, dated, and signed by him, in the presence of the registration officer or his deputy, without assistance or suggestion from any person or memorandum whatever, except the form of application hereinafter set forth: Provided, however, That if the applicant be unable to write his application in the English language, he shall have the right, if he so demands, to write the same in his mother tongue from the dictation of an interpreter; and if the applicant is unable to write his application by reason of physical disability, the same shall be written at his dictation by the registration officer or his deputy, upon his oath of such disability. The application for registration, above provided for, shall be a copy of the following form, with the proper names, dates, and numbers substituted for the blanks appearing therein, to wit:
"I am a citizen of the State of Louisiana. My name is ——. I was born in the State (or country) of ——, parish (or county) of ——, on the —— day of ——, in the year ——. I am now —— years —— months and —— days of age. I have resided in this State since ——, and am not disfranchised by any provision of the constitution of this State."
Section 4. "If he be not able to read and write, provided by section 3 of this article, then he shall be entitled to register and vote if he shall, at the time he offers to register, be the bona fide owner of property assessed to him in this State at a valuation of not less than $300 on the assessment roll of the current year, if the roll of the current year shall not then have been completed and filed and on which, if such property be personal only, all taxes due shall have been paid."
Section 5. "No male person who was on January 1, 1867, or at any date prior thereto, entitled to vote under the constitution or statute of any State of the United States, wherein he then resided, and no son or grandson of any such person not less than 21 years of age at the date of the adoption of this constitution, and no male person of foreign birth, who was naturalized prior to the first day of January, 1898, shall be denied the right to register and vote in this State by reason of his failure to possess the educational or property qualifications prescribed by this constitution: Provided, He shall have resided in this State for five years next preceding the date at which he shall apply for registration, and shall have registered in accordance with the terms of this article prior to September 1, 1898; and no person shall be entitled to register under this section after said date."
(4) NORTH CAROLINA.
Section 4. "Every person presenting himself for registration shall be able to read and write any section of the constitution in the English language; and, before he shall be entitled to vote, he shall have paid, on or before the 1st day of May of the year in which he proposes to vote, his poll tax for the previous year as prescribed by Article V, section 1, of the constitution. But no male person who was, on January 1, 1867, or at any time prior thereto, entitled to vote under the laws of any state in the United States wherein he then resided, and no lineal descendant of any such person, shall be denied the right to register and vote at any election in this State by reason of his failure to possess the educational qualification herein prescribed, provided he shall have registered in accordance with the terms of this section prior to December, 1908.
"The general assembly shall provide for the registration of all persons entitled to vote without the educational qualifications herein prescribed, and shall, on or before November 1, 1908, provide for the making of a permanent record of such registration, and all persons so registered shall forever thereafter have the right to vote in all elections by the people in this State, unless disqualified under section 2 of this article: Provided, Such person shall have paid his poll tax as above required."
(5) ALABAMA (in effect Nov. 28th, 1901.) entitled to register:—
These sections of the Alabama constitution were before the Supreme Court in the case of Giles v. Harris, (189 U. S. 475,) and the general plan of voting and registration was summarized by Mr. Justice Holmes, delivering the opinion of the court as follows:
"By section 178 of article 8, to entitle a person to vote he must have resided in the State at least two years, in the county one year and in the precinct or ward three months, immediately preceding the election; have paid his poll tax, and have been duly registered as an elector. By section 182, idiots, insane persons and those convicted of certain crimes are disqualified. Subject to the foregoing, by section 180, before 1903 the following male citizens of the State, who are citizens of the United States, were entitled to register, viz: First. All who had served honorably in the enumerated wars of the United States, including those on either side of the 'war between the States.' Second. All lawful descendants of persons who served honorably in the enumerated wars or in the war of the Revolution. Third. 'All persons who are of good character and who understand the duties and obligations of citizenship under a republican form of government.' By section 181 after January 1, 1903, only the following persons are entitled to register: First. Those who can read and write any article of the Constitution of the United States in the English language, and who either are physically unable to work or have been regularly engaged in some lawful business for the greater part of the last twelve months, and those who are unable to read and write solely because physically disabled. Second. Owners or husbands of owners of forty acres of land in the State, upon which they reside, and owners or husbands of owners of real or personal estate in the State assessed for taxation at three hundred dollars or more [...] [By section] 183, only persons qualified as electors can take part in any method of party action. By section 184, persons not registered are disqualified from voting. By section 185, an elector whose vote is challenged shall be required to swear that the matter of the challenge is untrue before his vote shall be received. By Section 186, the legislature is to provide for registration after January 1, 1903, the qualifications and oaths of the registrars are prescribed, the duties of the registrars before that date are laid down, and an appeal is given to the county court and Supreme Court if registration is denied. There are further executive details in section 187, together with the above-mentioned continuance of the effect of registration before January 1, 1903. By section 188, after the last-mentioned date applicants for registration may be examined under oath as to where they have lived for the last five years, the names by which they have been known, and the names of their employers."
(6) VIRGINIA. (in effect July 10th, 1902.)
Article II, Section 18. "Every male citizen of the United States, twenty-one years of age, who has been a resident of the State two years, of the county, city or town one year, and of the precinct in which he offers to vote, thirty days, next preceding the election in which he offers to vote, has been registered, and has paid his state poll taxes, as hereinafter required, shall be entitled to vote for members of the General Assembly and all officers elected by the people; but removal from one precinct to another, in the same county, city or town shall not deprive any person of his right to vote in the precinct from which he has moved, until the expiration of thirty days after such removal."
Section 19. "There shall be general registrations in the counties, cities and towns of the State during the years nineteen hundred and two and nineteen hundred and three at such times and in such manner as may be prescribed by an ordinance of this Convention. At such registrations every male citizen of the United States having the qualifications of age and residence required in Section Eighteen shall be entitled to register, if he be:
"First. A person who, prior to the adoption of this Constitution, served in time of war in the army or navy of the United States, of the Confederate States, or of any State of the United States or of the Confederate States; or
"Second. A son of any such person; or
"Third. A person, who owns property, upon which, for the year next preceding that in which he offers to register, state taxes aggregating at least one dollar, have been paid; or
"Fourth. A person able to read any section of this Constitution, submitted to him by the officers of registration and to give a reasonable explanation of the same; or, if unable to read such section, able to understand and give a reasonable explanation thereof when read to him by the officers.
"A roll containing the names of all persons thus registered, sworn to and certified by the officers of registration, shall be filed, for record and preservation, in the clerk's office of the circuit court of the county, or the clerk's office of the corporation court of the city, as the case may be. Persons thus enrolled shall not be required to register again, unless they shall have ceased to be residents of the State, or become disqualified by section Twenty-three. Any person denied registration under this section shall have the right of appeal to the circuit court of his county, or the corporation court of his city, or to the judge thereof in vacation."
Section 20. "After the first day of January, nineteen hundred and four, every male citizen of the United States, having the qualifications of age and residence required in section Eighteen, shall be entitled to register, provided:
"First. That he has personally paid to the proper officer all state poll taxes assessed or assessable against him, under this or the former Constitution, for the three years next preceding that in which he offers to register;
"Second. That, unless physically unable, he make application to register in his own hand-writing, without aid, suggestion or memorandum, in the presence of the registration officers, stating therein his name, age, date and place of birth, residence and occupation at the time and for the two years next preceding, and whether he has previously voted, and, if so, the state, county and precinct in which he voted last; and,
"Third. That he answer on oath any and all questions affecting his qualifications as an elector, submitted to him by the officers of registration, which questions, and his answers thereto, shall be reduced to writing, certified by the said officers, and preserved as a part of their official records."
Section 21. "Any person registered under either of the last two sections, shall have the right to vote for members of the General Assembly and all officers elective by the people, subject to the following conditions:
"That he, unless exempted by section Twenty-two, shall, as a prerequisite to the right to vote after the first day of January, nineteen hundred and four, personally pay, at least six months prior to the election, all state poll taxes assessed or assessable against him under this Constitution, during the three years next preceding that in which he offers vote; provided that, if he register after the first day of January, nineteen hundred and four, he shall, unless physically unable, prepare and deposit his ballot without aid, on such printed form as the law may prescribe; but any voter registered prior to that date may be aided in the preparation of his ballot by such officer of election as he himself may designate."
Section 22. "No person who, during the late war between the States, served in the army or navy of the United States, or the Confederate States, or any State of the United States, or of the Confederate States, shall at any time be required to pay a poll tax as a prerequisite to the right to register or vote."
Section 23. "The following persons shall be excluded from registering and voting: Idiots, insane persons, and paupers; persons who, prior to the adoption of this Constitution, were disqualified from voting, by conviction of crime, either within or without this State, and whose disabilities shall not have been removed, persons convicted after the adoption of this Constitution, either within or without this State, of treason, or of any felony, bribery, petit larceny, etc."
The intention of these acts needs no showing. They have three points in common: (a) Some device enabling all the white voters to evade the force of the disfranchising clauses; (b) The limiting clauses themselves which deprive a majority of the colored voters of their franchise; (c) The reservation of sufficient discretionary power in boards of registrars to enable them to give full effect to the acknowledged purpose of the framers of the constitutions. I know of no lesson they can teach us, except how to do the things we ought not to do. In some cases, by knowing the way down, one may, by reversing the steps taken, regain the lost height. But it is not so here; our fall, like our rise, has been too sudden. We have been thrown from a window, and before we could understand our position, legislated out of a back gate. Only by superior chicane can we repair the second injury, only by superior force repair the first—unless there be justice in the heart of the nation. It behooves us then to study carefully the state of public opinion in the country, which underlies these laws, and gives them whatever stability they possess.
There is, of course, a series of events leading up to this radical change in the institutions of the Republic, a history beginning before the formation of the Union itself. The first part was African slavery. Religious, moral and economic forces had acted upon serfdom, the more common sort of slavery in Europe, and aided by the resulting increase of vigor among the serfs themselves, had disintegrated it. But these forces either did not act upon the trade in Negro slaves, when profits to be obtained from that traffic filled the minds of merchants, or were helpless to stop it. The New World was not, like the Old, overcrowded, but in need of laborers—and the slaves were blacks. Tropical South America, the West Indies, and the hot belt of the United States absorbed hundreds of thousands of Negro slaves. All the forces above enumerated set to work again after a time and slavery once more began to disintegrate. In this country it had become firmly rooted in the Southern states, where the same American people who had fought in '76 for the freedom of two million white men, women and children fought as stubbornly to keep in slavery four million black men, women and children. But victory was again to crown the cause of freedom, and by the will of the victors, forced forward by the unbroken spirit of resistance of the conquered, these four millions of slaves were declared possessed of freedom, civil rights and political privileges.
Said Lord Shaftesbury to Charles the Second, when called on for his resignation as Lord Chancellor, "It is only to lay aside the gown and take up the sword." The South, defeated in arms, reversed the process, and laying down the musket, put on the gown of the law-maker, and began to accomplish by legislation, the reenslavement of the millions set free. Hampered in this, for a time by the armies and the northern civil officers, who obtained power largely by the suffrage of the colored people, and by the colored voters themselves, the Southern men waited for the withdrawal of the Union armies—an event hastened by outcry at home—and then taking out the side-arms, which the generous terms of surrender had permitted them to retain, they rapidly dispersed the opposing force, and took the reins of government again into their own hands. With musket in one hand to retain political power, and pen in the other to undo the Reconstruction legislation, they soon deprived the black millions of all their transitory political and civil rights. It is hard to see that anything remained to be done. Emancipation laws and proclamations to the contrary, the Negro seemed safely penned. But moral and economic forces were still at work, and the end was not yet reached.
The South could no longer close its eyes to the want of prosperity. In 1890, Virginia, North Carolina, South Carolina, Alabama, Mississippi and Louisiana, in spite of their 262,175 square miles and abundant resources, had but 8,346,667 people and 288,405,107 dollars worth of manufactured products. An equal territory in the States of the North, namely; Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Ohio and Illinois with 260,823 square miles had 25,074,143 people and 6,484,643,842 dollars worth of manufactured products—which is to say, the Southern states had but one-third of the population, and one-twenty-second of the manufactures of the same area North. The South wanting prosperity began to seek ways of obtaining it. This led to the consideration of obstacles: and first among these was the large and economically inefficient colored population. It must be made, for want of other labor, productive, a contributory agent to the new industrial prosperity of the South—and not the less, cut off from any sort of control, even of the industries, which by its labor must mainly be built up. The problem was a difficult one, yet such as the South felt itself able to solve. And many in the North stood ready to help.
In 1890, however, came troubles so serious as to require a diversion of attention from economical to political problems. The Republican party pledge to secure for all citizens 'a free ballot and a fair count' was yet unredeemed; and in that year a debate broke out in Congress over the fulfilling of its promise, with an Elections bill as the means. Simultaneously, the Populist movement was growing to threatening proportions. Before this, the cry had been that the Negro by sheer numbers could dominate, if not prevented from doing so. But now there presented itself a new and more threatening danger. "In any state where the whites divide," said Mr. Tillman in the Senate in 1900, "and they have divided in every Southern State except mine and Mississippi—into Populists and Democrats—the Negro has been the balance of power." The Populist movement died, but this phantasm once evoked, of a black man poised at the centre of the party see-saw, continued to hover at the beck of its creators until again wanted. The occasion, this time a lasting one, has been found in the balance of the Republican and the Democratic parties in the "border" states. So in Maryland, for a while, a "doubtful" state, where the colored population is but one-fifth of the whole, a disfranchising law is justified, apparently, by the danger to good government of allowing the Republican party to obtain control. Again, in the county and town election contests, even in the Southern states where the Democratic party is in entire possession of the State government, this compact(?) and mobile(?) army of black voters occupies a position of such strategical importance that unless they be dislodged by the most radical method their mastery must be forever acknowledged(?). Now, to conclude, since a dozen colored voters might hold the balance of power in town or county, the bitter irony of the situation is overwhelming.1 The South is simply driven by its own irrefutable(?) logic to total disfranchisement of the Negro, there being no safe stopping point short of the practical exclusion of the colored inhabitants of a dozen or more states from any part in the making or administering of the laws, national, state or municipal under which they live(!). All this the South, impelled by her honest desire(!) for good government, and resolutely turning her back upon past methods of fraud and violence,(!) means to accomplish legally—provided Congress and the Supreme Court throw over her naked but unalterable will the broad mantle of legality.
| [1] | In West Virginia there are, on the Census basis (958,800 = whole population, less 43,499-colored population = 915,301-white population, divided by 3.6 = ratio of white population, generally to white males of voting age.) 254,250 white voters; and (43,499 = colored population, divided by 4.3-ratio of colored population to colored male adults = 10,116 colored voters, of whom 32.3 per cent. are illiterate, = 3267 illiterate colored men,) but 3,267 illiterate colored voters, or about one eightieth of the electorate (257,517 divided by 3,267): yet, even though the national ticket threatened to be hurt by it, it was impossible to stifle the cry for disfranchisement of ignorant black voters as the paramount issue of the West Virginia democratic campaign of 1904. |
We are reminded of the story of the princess, who wandering in rags, came to a palace and begged accommodation there befitting one of royal blood. The old queen, not sure that she was a princess, determined to test her veracity in this way: She lay a pea upon the floor and piled upon it a dozen feather-beds. If she felt the pea, it was plain that she was a true princess. Morning came none too soon for the unhappy lady, who confessed to the queen having spent a miserable night, something hard in her bed having bruised her till she was black and blue. No longer could the queen doubt that she was a real princess, for who else could have been so delicate. And she was forthwith married to the heir apparent to the throne. So the South acts on the belief that if she be absolutely intolerant of the slightest degree of political power in the hands of colored men, that the North must see in the very violence of her antipathy, the hopelessness of any other solution.
This happily settled, the South after fifteen years of uncertainty, hopes to be able to turn her attention to material problems. But though the Caesars may rob February of days to enrich July and August, the seasons remain unchanged. The economic and moral laws of the universe remain in operation and give assurance that no solution can be more than temporary in which the Negro is dealt with falsely and unjustly.
Meantime what had been the course of the Republican party, which, by its own declaration "had reconstructed the Union with freedom instead of slavery as its corner-stone?" Listen to the reading of the suffrage planks in the platforms of ten presidential campaigns:—
[1868.]
The guarantee by Congress of equal suffrage to all loyal men at the South was demanded by every consideration of public safety, of gratitude, and of justice, and must be maintained; while the question of suffrage in all the loyal States properly belongs to the people of those States.
The recent amendments to the National Constitution should be cordially sustained because they are right, not merely tolerated because they are law, and should be carried out according to their spirit by appropriate legislation, the enforcement of which can safely be entrusted only to the party that secured those amendments.
[1872.]
Complete liberty and exact equality in the enjoyment of all civil, political and public rights should be established and effectually maintained throughout the Union by efficient and appropriate State and Federal legislation. Neither the law nor its administration should admit any discrimination in respect of citizens by reason of race, creed, color or previous condition of servitude.
[1876.]
The Republican party has preserved these governments to the hundredth anniversary of the Nation's birth, and they are now embodiments of the great truth spoken at its cradle—"that all men are created equal; that they are endowed by their Creator with certain inalienable rights, among which are life, liberty and the pursuit of happiness; that for the attainment of these ends governments have been instituted among men, deriving their just powers from the consent of the governed." Until these truths are cheerfully obeyed, or, if need be, vigorously enforced, the work of the Republican party is unfinished.
The permanent pacification of the Southern section of the Union and the complete protection of all its citizens in the free enjoyment of all their rights is a duty to which the Republican party stands sacredly pledged. The power to provide for the enforcement of the principles embodied in the recent Constitutional Amendments is vested by those amendments in the Congress of the United States, and we declare it to be the solemn obligation of the legislative and executive departments of the Government to put into immediate and vigorous exercise all their constitutional powers for removing any just causes of discontent on the part of any class, and for securing to every American citizen complete liberty and exact equality in the exercise of all civil, political and public rights. To this end we imperatively demand a Congress and a Chief Executive whose courage and fidelity to these duties shall not falter until these results are placed beyond dispute or recall.
[1880.]
The dangers of a "Solid South" can only be averted by a faithful performance of every promise which the Nation has made to the citizen. The execution of the laws, and the punishment of all those who violate them, are the only safe methods by which an enduring peace can be secured and genuine prosperity established throughout the South. Whatever promises the Nation makes the Nation must perform. A Nation cannot with safety relegate this duty to the States. The "Solid South" must be divided by the peaceful agencies of the ballot, and all honest opinions must there find free expression. To this end the honest voter must be protected against terrorism, violence or fraud.
[1884.]
The perpetuity of our institutions rests upon the maintenance of a free ballot, an honest count, and correct returns. We denounce the fraud and violence practiced by the Democracy in Southern States, by which the will of a voter is defeated, as dangerous to the preservation of free institutions; and we solemnly arraign the Democratic party as being the guilty recipient of fruits of such fraud and violence.
We extend to the Republicans of the South, regardless of their former party affiliations, our cordial sympathy, and pledge to them our most earnest efforts to promote the passage of such legislation as will secure to every citizen, of whatever race and color, the full and complete recognition, possession and exercise of all civil and political rights.
[1888.]
We reaffirm our unswerving devotion to the national Constitution and to the indissoluble union of the States; to the autonomy reserved to the States under the Constitution; to the personal rights and liberties of citizens in all the States and Territories in the Union, and especially to the supreme and sovereign right of every lawful citizen, rich or poor, native or foreign born, white or black, to cast one free ballot in public elections and to have that ballot duly counted. We hold the free and honest popular ballot and the just and equal representation of all the people to be the foundation of our republican government, and demand effective legislation to secure the integrity and purity of elections, which are the fountains of all public authority.
[1892.]
We demand that every citizen of the United States shall be allowed to cast one free and unrestricted ballot in all public elections, and that such ballot shall be counted and returned as cast; that such laws shall be enacted and enforced as will secure to every citizen, be he rich or poor, native or foreign born, white or black, this sovereign right guaranteed by the Constitution. The free and honest popular ballot, the just and equal representation of all the people, as well as their just and equal protection under the laws, are the foundation of our Republican institutions, and the party will never relent its efforts until the integrity of the ballot and the purity of elections shall be fully guaranteed and protected in every State.
[1896.]
We demand that every citizen of the United States shall be allowed to cast one free and unrestricted ballot, and that such ballot to be counted and returned as cast.
[1900.]
It was the plain purpose of the fifteenth amendment to the Constitution to prevent discrimination on account of race or color in regulating the elective franchise. Devices of State governments, whether by statutory or constitutional enactment, to avoid the purpose of this amendment are revolutionary, and should be condemned.
[1904.]
We favor such Congressional action as shall determine whether by special discriminations the elective franchise in any State has been unconstitutionally limited, and, if such is the case, we demand that representation in Congress and in the electoral colleges shall be proportionally reduced as directed by the Constitution of the United States.
From '68 till '96 there was posted on the bill-boards of the party, the same declaration in favor of a free and unrestricted ballot, supported by the unyielding determination of the party to protect this right. But in that year there came a change. Perhaps it was that the mass of unredeemed pledges fell of their own weight, and the time seemed opportune to substitute a less weighty declaration; perhaps the party only sought a more efficient means of accomplishing its unalterable purpose. Whatever the cause, there began from this time, a diminuendo which has grown fainter until in 1904 the 15th Amendment was heard no more. To time, some say, must be left this task, too great for a political party to perform. But there is grave danger in leaving to time the execution of justice. The evil grows, the power of correcting it diminishes. Early in its course injustice may be stopped, later perhaps not at all. The future course of the party with regard 'to the supreme and sovereign right of every lawful citizen, rich or poor, white or black, to cast one free ballot in public elections and to have that ballot duly counted,' is gravely complicated by the rapid and momentous changes taking place in American society.
The gulf between the sections, which the Constitution merely bridged proved so deep, because it grew out of differences in the social, if not the moral natures of the inhabitants of the two parts of the country. These types have been compared to those opposed in the English Civil War, and hence called Puritan and Cavalier. But whatever the name, the differential fact was this: in the North men and women did their own work, while in the South others did their work for them. Until this great economic and social difference, which made diverging ideals, diverging habits, diverging tastes, ceased to be, real sympathy was impossible. That gulf, which widened into bitter civil war, is now closing; the two types are drawing nearer; the divorce between sections is shifting around to a divorce between classes. Therefore it is that in a part of the writing and ruling class, we feel that there is a gravitating of morals southward.2 The North, which spent millions in lives and money to destroy Negro slavery in the South, seems engaged in making white slaves at home. If the political and social position of the white laborer in the North is declining, our chance of obtaining justice through active Northern sympathy is greatly lessened. In this issue which remains that of the comparative "hideousness" of the slave-holder and the slave, every foot added to the social separation of the Northern employer and employee is a stroke in the knell of political equality for the Negro.
| [2] | "The Republican party in its work of imposing the sovereignty of the United States upon eight millions of Asiatics, has changed its views in regard to the political relation of races and has at last virtually accepted the ideas of the South upon that subject. The white men of the South need now have no further fear that the Republican party, or Republican administrations, will ever again give themselves over to the vain imagination of the political equality of man." —[Burgess—Reconstruction and the Constitution, page 298.] |
It is a mistake, therefore, to assume that there is active in the country a spirit of freedom strong enough to set us free; a power employed in doing justice, strong enough to do justice to us. The country is returning to the conditions existing before '61, even passing these and returning to the conditions existing before 1776,—in politics, because it is doing the same in morals. Moral betterment requires that we put a deeper, broader and stronger foundation under the old foundation of our lives; and this can only be done by removing each day a bit of sand and filling in the space with stone. Days of tremendous business activity, or national triumph are not likely to be so spent.
We must not make the mistake of assuming that there is power in the nation to do us justice. "Not in a republic," some one may ask? No! Von Holst says: "That virtue is the specific vital principle of republics is a delusion. The historical course of development, natural circumstances, material interests and political and social customs are the elements by which, in all states without exception, the form of the state is in the first place conditioned." Not after the pledges of the Constitution, again it may be asked? No, the Constitution is an ideal, not a real body of law. Von Holst wrote: "Polk had once stated that the nature of American institutions offered the world ample security that the United States would never pursue a policy of aggressive conquest. Notwithstanding the commentary that he had himself given on this proposition, it contained a kernel of significant truth. The nature of their institutions forbade the United States to hold in violent subjection, under the iron hand of conquest, a realm of the extent of Mexico for any length of time. This would soon have become so perfectly clear to the people that they would either have driven the originator and guiding spirit of the war in shame and disgrace from his office and dignity, and have reduced all these conditions of peace to the utmost moderation, or they would have proceeded to a formal and complete incorporation of Mexico with the Union." And before 1900, as a result of the war with Spain, the impossible, the absolutely forbidden by the nature of their institutions had been accomplished. How obscure the vision of the historian! The Constitution is not written in the hearts of the American people, but in the sky, where it is hidden every cloudy day. And yet again, it will be asked: Not in the New World, not in America? Justice demands a careful consideration of every case; it cannot be machine-made; it cannot be wholesaled. The exact measure of justice is hard to find, harder to administer; it cannot be had without patient search, calm temper, righteousness, courage. I know not whether America has time to seek the intricate path of justice, or patience and courage to follow it when found. The cry 'forward' grows even louder, more insistent, more passionate. Can the country safely put down the brakes; dare it turn from its rapid way to material prosperity? But a little greater momentum is needed and reactionaries will rise only to be irresistibly swept aside. Doubts, weariness, exhaustion even will not stop the rapidly revolving wheels. Only in the wake of such frenzied progress there will follow rest, the rest of death. Study the wreckage in the South in the trail of slavery, black, and what is far worse, white illiteracy, brutality, wretched sloth. Observe the turning of defeat in the struggle into despair, then stagnation upon which forms a film, a scum, a crust which becomes strong enough to defy efforts to break it. So is brought about the stratification of society called caste. Above, the upper world, ever turning to law and punishment to crush those who threaten this floor, upon which they stand from beneath, ever appealing to the prejudices of their class to persecute into submission those whose sense of justice or generosity threatens the crust from above. Beneath, the under world, sweating, spawning, gathering from its own misery and the dregs of vice and luxury from above poison, and shaping from its own eager thousands of ambitious men,—yes, and after the boldest men of the class above, fangs, that it may become all that revolution is wont to be.
In such a society is born the conqueror, man of destiny, as he seems. In mountain, in desert or in slum, he may have his birth. Oftenest he is a military, yet sometimes a spiritual conqueror. In the west of Europe, two thousand years ago was born Julius Caesar; in the East, Jesus Christ. From mountain, wilderness and slum, each drew his followers. Caesar gathered the driftwood of the decaying Republic into an army, and upon this bridge crossed the Rubicon and established empire. Christ, too, gathered up the driftwood of decaying Rome and fashioned out of it that noble band which is the inspiration of every true Church in the Christian world. The classes you would disfranchise will become the makers of a political slum. They are materials for working out the glory or the ruin of the nation. Exclude them from the benefits, the privileges of other classes and you invite criminality: from outcast to outlaw is but one step. Include them, and who can measure the addition to the sum of human happiness? In the answer to the question: what forces are at work checking the too great increase of a people? what is the principle of selection? what sort are disappearing, what sort preserved?—may be read the country's destiny.
Outside of the slave states, equal participation in the government by all citizens has been the foundation stone of the Republic. For a brief moment slavery was dead, and all men were freemen. But slavery is alive again, and if its growth is not resisted, will again be restored in all but name. The words of Calhoun deserve to be called a prophecy. "Without political and social equality," he said, "to change the condition of the African race would be but to change the form of slavery." The South accepts the alternative and resolves that, whatever the cost, political and social equality shall never be. The North must yield; she will not. While some are trusting to the finality of the 13th Amendment, others to industrial opportunity, others still to political without social equality, the South with bull-dog tenacity sticks to her resolution that there shall be none of these. But a year ago Carl Schurz declared: "There will be a movement either in the direction of reducing the Negro to a permanent condition of serfdom ... or a movement in the direction of recognizing him as a citizen in the true sense of the term. One or the other will prevail."
Are there reasons wanting why the nation should keep true to its foundation principles? Granting that the pathway to freedom is now harder to follow, should the forward movement be abandoned? How else than by manfully pressing on to a broad humanity, can the Republic, reconstructed with freedom as its corner-stone, remain? As the old cords fail to hold together the more distant and divided political and ethnic units of population, there must be woven new bonds of sympathy,—at least, of toleration, else some must be hung with chains. There are many, many reasons, rulers of the commonwealth, why the electorate should not be reduced:—
Above all, it is selfish. "The continual and diligent elevation of that lower mass which human society everywhere is constantly precipitating," to borrow the words of Cable, is incompatible with the spirit of restriction.
It is inequitable. For, again quoting from this author: "There is no safe protection but self-protection: poverty needs at least as much civil equipment, for self-protection as property needs: the right and liberty to acquire intelligence, virtue and wealth are just as precious as the right and liberty to maintain them, and need quite as much self-protection."
It is subversive of the republican basis of the state,—tending as it does to deposit more and more political power in the hands of fewer and fewer men. From "all up" to "some down" in the matter of political rights is a precipitous leap: but this step once taken, a gentle slope succeeds. From many to fewer members of the privileged class, the mind advances easily, with no intrusive principle to block the way. If a poll tax of one dollar can be made a condition of voting regardless of ability to pay it, then why not ten or twenty? If a poll tax, why not a property tax, or wealth? If ability to interpret the Constitution, why not a college education?
As restriction is practiced in the South, it breeds contempt for the law:
And increasing unrest, for like a snowball it swells and gathers fresh resistance as it goes:
And dishonesty, for the disfranchising laws are not being lived up to. This is inherent, for the acquisition of the required knowledge or wealth would defeat the very object of the law. It puts a premium upon ignorance, for thereby the desired end of disfranchisement is furthered:—And upon thriftlessness, for the same reason;—And upon criminality and false charges of crime, since even this price must be paid by those determined to work their will.
What evils of universal suffrage are equal to these? Can an appeal be made in the name of minority rights by those who would themselves efface minorities?3 When slaves were escaping, they demanded that the constitutional guarantees be fulfilled to the letter, clamored like Shylock for the pound of flesh which the law allowed. Now, too, they demand of the amendments as before of the clauses of the instrument reserving power to the states, that they be construed by the letter:—but with what a change of object,—no longer that the rights of minorities may be respected but that they may be utterly suppressed.
| [3] | In two states, viz; Mississippi and South Carolina, the colored people are in the majority. In the other four disfranchising states, as well as all other Southern states, they are in the minority. In the group of states disfranchising the colored voters, viz; N. C., S. C., Va., Ala., Miss., and La., the
—BY THE 12TH CENSUS (1900.) |
And if it be asserted that the superior must be allowed to rule, is superiority to be proved by a fiat of brute force? Is mere armed lawlessness the index of superior worth? When the nations agreed to fix limits to the cruelties of war, did they thereby place a penalty upon brains?
Finally, is it claimed that a free ballot signifies unlimited corruption? Read the answer in England's purification of her politics: I quote from Sir Thomas Erskine May:—
"Political morality may be elevated by extending liberties: but bribery has everywhere been the vice of growing wealth." "The first election of George the Third's reign was signalized by unusual excesses:" A seat in Parliament was for sale, like an estate and they bought it without hesitation or misgiving. "Nor were they regarded with much favor by the leaders of parties; for men who had bought their seats,—and paid dearly for them,—owed no allegiance to political patrons. "They sought admission to Parliament, not so much with a view to a political career, as to serve mere personal ends, to forward commercial speculations, to extend their connections and to gratify their social aspirations. But their independence and ambition well fitted them for the service of the court.... They soon ranged themselves among the king's friends: and thus the court policy,—which was otherwise subversive of freedom became associated with parliamentary corruption. "When the return of members was left to a small but independent body of electors, their individual votes were secured by bribery: and where it rested with proprietors or corporations, the seat was purchased outright." Gatton e. g. was sold for £75,000. Of the 658 members of the House of Commons 487 were returned by nomination ... not more than one third of the House were the free choice of the limited bodies of electors then intrusted with the franchise.... Representatives holding their seats by a general system of corruption could scarcely fail to be themselves corrupt. What they had bought, they were but too ready to sell. And how glittering the prizes offered as the price of their services! Peerages, baronetcies, patronage and court favor for the rich—places, pensions and bribes for the needy. All that the government had to bestow they could command.... Another instrument of corruption was found in the raising of money for the public service. In March 1763, Lord Bute contracted a loan of three millions and a half; and having distributed shares among his friends,—the scrip immediately rose to a premium of 11 per cent.... Here the country sustained a loss of £385,000.... Stock jobbing became the fashion; and many members of Parliament were notoriously concerned in it. Again in 1781 ... a loan of £12,000,000 was contracted to defray the cost of the disastrous American war.... Its terms were so favorable that suddenly the scrip rose nearly 11 per cent. It was computed by Mr. Fox that a profit of £900,000 would be derived from the loan; and by others that half of the loan was subscribed for by members of the House of Commons. Lord Rockingham said. "The loan was made merely for the purpose of corrupting the Parliament to support a wicked, impolitic and ruinous war.
Now as to the electorate. "In Scotland in 1831, the total number of county voters did not exceed 2500; and the constituencies of the 66 boroughs amounted to 1440.... The county of Argyll, with a population of 100,000 had but 115 electors: Caithness with 36,000, contained 47 free holders. Edinburgh and Glasgow, the two first cities of Scotland, had each a constituency of 33 persons.... A great kingdom, with more than two millions of people,—intelligent, instructed, industrious and peaceable,—was virtually disfranchised.... According to a statement made by the Duke of Richmond in 1780, not more than 6,000 men returned a clear majority of the British House of Commons.... It was alleged in the petition of the Society of the Friends of the People (presented in 1793.) that 84 individuals absolutely returned 157 members to Parliament ... and that a majority of the House were returned by 154 patrons....
"The glaring defects and vices of the representative system which have now been exposed,—the restricted and unequal franchise, the bribery of a limited electoral body, and the corruption of the representatives themselves,—formed the strongest arguments for Parliamentary reform.... The theory of an equal representation, had in the course of ages, been entirely subverted.... The Reform bill of 1832 supplied the cure. "It was," says May, "a measure, at once bold, comprehensive, moderate and constitutional. Popular: but not democratic:—it extended liberty, without hazarding revolution. In 1850 the representation of the country was reconstructed on a wider basis. Large classes had been admitted to the franchise: and the House of Commons represented more freely the interests and political sentiments of the people. The reformed Parliament, accordingly, has been more liberal and progressive in its policy than the Parliaments of old, more vigorous and active; more susceptible to the influence of public opinion: and more secure in the confidence of the people."
Here let us leave the history of English political corruption and the remedy which was found in a fairer representation of the people. In truth, we might well have left it sooner—if not altogether; for it is likely to be said that all of this is nothing to the purpose. The South has before her the practical problem of dealing with some millions of Negroes, to the solution of which, the experience of the English people furnishes no aid. Once more, then, we must consider the actual situation in this country to-day.
The Negro problem has been stated: What does justice to the Negro demand? Approaching our subject from this point of view, we may try to conclude:—
1st. What justice does demand; and
2nd. What the Negro must do to get it.
What, to begin with, is the answer of the South to the former? It is familiar to us all and would seem to be the nearly unanimous voice of the Southern people. The Negro, they say, is ignorant, lazy and vicious. Slavery, so far as its effect on the slave is concerned, was a beneficent institution, raising him from his previous savagery to a plane of humble usefulness. There, however, his incurable inferiority destines him forever to remain. This, the South insists she has settled in wisdom and kindliness. The North, so runs her speech, misunderstanding the South and the Negro, unjustly forced on the Civil war, to compel her to change her domestic institutions. But that attempt, foredoomed to failure, has resulted in nothing more than the abolition of slavery, and a cruel loss of life and property, partly compensated for by the consequent revelation of her boundless resources of courage, loyalty and united resolve. Slavery, while a Southern institution, was not a bond of perfect union; but upon the platform of black inferiority and white domination, every Southern man has his foot squarely planted. Her answer, therefore, to all criticism is to point with pride to the solid South.
How often are we called upon to see with pain and wonder that opinions, theories, even the mind itself is shaped by actions. Nature, aiming at preservation of life, is quick to heal all possible wounds, to reconcile warring impulses, to gloss and beautify deformities, and even to conceal dangers and snares. She gives men language to justify their misdeeds, teaches them how to embalm their errors in the secretion of their intellects, and even preserves the lying epitaphs which they inscribe over the remains of their vanity and pride. To change an opinion, it is necessary commonly to change a course of action, and until the life of the South changes, there seems no reasonable expectation that her opinions will change. Disfranchisement is but a symptom of the diseased Southern body politic, and who can tell whether the surgeon's knife will not reach the sources of life itself in seeking for a cure.
Sufficient then to herself,—wholly insufficient, false, and cruel to us, is this answer. If there were but these two parties to the cause, there would be no need to consider it. There remains, however, the still hesitating, ever-divided public opinion of the North—now the judge in the Freedmen's case. It is fitting that in her court, our replication should be boldly made. There we proclaim that the South is not doing justice to colored men.
The Negroes, say Southern men, are ignorant, lazy, vicious,—a perpetual menace to the rule and order of white men. Is this believable? Did God so make the world that after three thousand years of progressive white civilization;—in a country where there are sixty millions of white men, entrenched in their possession of armies and navies, wealth, power and endless resources of trained intellect;—that nine millions of colored people, rich in nothing but their sufferings, threaten to put the bottom on top? And if chance rules the world, and ignorance, laziness and vice are as likely to prevail as knowledge, industry and virtue, we may as well believe that ignorance and laziness and vice underlie white civilization and supremacy. No, we may confidently answer: this is not believable. Either these nine millions of colored people are not ignorant, lazy and vicious, or there are no grounds for the fear that they can for an hour put into danger the continuance of white domination, even in the blackest portion of the black South.
There is indeed proof obtainable that they are neither ignorant, lazy and vicious, nor a menace to rule and order. If they were near neighbors of the brutes would the elaborate defensive preparations be necessary which the South continues feverishly to make? Do the savages of Africa enact disfranchising clauses to keep apes and monkeys out of their political affairs? If ignorance so submerges the black man, why does not the Massachusetts principle of protecting the ballot prevail in the South? Why is it necessary to require the voter to read, yes, and interpret satisfactorily, any clause in the state constitution?4 If sloth curses the Negro with unfruitfulness, why require property to the assessed value of $300? If the assessed value be two thirds of the real value, this means that nearly $500; if one third, then nearly $1000 is fixed as the minimum possession of the black voter. Does this precaution point to shiftlessness? If viciousness be indelibly stamped upon his nature, why not rely upon his disfranchisement for crime to eliminate the colored voters? Are the white juries not to be trusted to condemn the accused? Are the leased convicts not worth their cost of keeping? It has been more than once said that 90,000 of the 90,000 colored people in the District of Columbia are criminals. If the same proportion maintains elsewhere, what more is needed to accomplish the desired end?
| [4] | The requirement that the voter be able to read (or write) and interpret satisfactorily, in the Virginia registration requirement before Jan. 1, 1904, is an advance upon the earlier clauses, which left the alternative. I am not sure but that it reappears in the Maryland law not yet in operation. It is an interesting fact that it was Senator Daniels of Virginia who once called the attention of the Senate to the injustice done the South by Senator Spooner's assertion that voters were, without alternative, required to interpret passages from the Constitutions. |
Yet disfranchisement for ignorance, for thriftlessness, and vice all together are acknowledged to be insufficient, and resort must be had again to manipulation, juggling, and confessed dishonesty. Rev. Edgar Gardiner Murphy, Executive Secretary of the Southern Education Board, a distinguished witness, testifying against interest, says: "The instrument of discrimination has been found in the discretionary powers lodged in the board of registrars, by which worthy Negro men, fairly meeting every test of suffrage have been excluded from registration."(?) Where the fact is so freely admitted, proof seems wasted, yet abundant corroboration may easily be had5.
| [5] | The following clipping from the Baltimore American, I cannot refrain from reading:— "In the recent election the democratic judges of election in many of the counties proved that they were unable even to count ballots properly marked, and when it came to putting a reasonable interpretation on the intention of a voter they were either wholly ignorant or wholly dishonest. It is perfectly safe to say that not one-third of the democratic judges who served at the Maryland election of last week could themselves give an intelligent interpretation of any section in the Constitution. Many of them do not even know what the Constitution is, and the man who suggested that they would take it to be a new kind of drink did not overshoot the mark. Fine professors of constitutional history these men would make!" |
The fact as well as the extent of disfranchisement is revealed by the statistical summaries:—
STATISTICAL SUMMARIES
ADULT MALE OR COLORED VOTING POPULATION, 1900, ESTIMATED AT 1 IN 4.3. |
||
|---|---|---|
Virginia |
660,722 ÷ 4.3 = |
46,122. |
Nor. Car. |
624,469 ÷ 4.3 = |
127,114. |
South Car. |
782,321 ÷ 4.3 = |
152,860. |
Alabama |
827,307 ÷ 4.3 = |
181,471. |
Mississippi |
907,630 ÷ 4.3 = |
197,936. |
Louisiana |
650,804 ÷ 4.3 = |
147,348. |
Total |
4,453,251. |
|
CENSUS OF NEGROES BEFORE PASSAGE OF REVISED CONSTITUTIONS. |
|||
|---|---|---|---|
Virginia |
1900 |
115,865 |
(T.Al.) |
Nor. Car. |
" |
133,081 |
" |
South Car. |
1892 |
13,384 |
" |
Alabama |
1900 |
55,512 |
Pres. |
Mississippi |
1888 |
30,096 |
|
Louisiana |
1888 |
30,701 |
|
CENSUS OF NEGROES AFTER PASSAGE OF REVISED CONSTITUTIONS. |
|||
|---|---|---|---|
Virginia |
1904 |
47,880 |
(W. Al.) |
Nor. Car. |
" |
82,442 |
" |
So. Car. |
1900 |
3,579 |
Pres. (T.) |
So. Car. |
1904 |
2,554 |
Pres. (W. Al.) |
Alabama |
1904 |
22,472 |
(W. Al.) |
Miss. |
1900 |
5,753 |
Pres. (T. Al.) |
Miss. |
1904 |
3,189 |
Pres. (W. Al.) |
Louisiana |
1900 |
14,234 |
Pres. (T. Al.) |
Louisiana |
1904 |
5,205 |
Pres. (W. Al.) |
REGISTRATION OF COLORED VOTERS. (Newspaper estimate.) |
||
|---|---|---|
State |
Literate |
Registered |
Virginia |
equal 69,358 |
|
North Carolina |
59,625 |
"Less than 6,000" |
South Carolina |
69,242 |
|
Alabama |
73,474 |
"Hardly 2,500" |
Mississippi |
92,605 |
|
Louisiana |
57,086 |
"1,147" |
REPUBLICAN VOTE IN THE SIX STATES; VOTE AFTER DISFRANCHISEMENT SCORED. (World Almanac of 1904.) |
||||||
|---|---|---|---|---|---|---|
YEAR |
VA. |
NORTH CAR. |
SOUTH CAR. |
ALA. |
MISS. |
LA. |
1872 |
93,468 |
94,783 |
72,290 |
90,272 |
82,175 |
59,975 |
1876 |
76,093 |
108,419 |
92,081 |
68,230 |
52,605 |
75,315 |
1880 |
83,639 |
115,874 |
58,071 |
56,178 |
34,854 |
38,016 |
1884 |
139,356 |
125,068 |
21,733 |
59,144 |
43,509 |
46,347 |
1888 |
150,438 |
134,784 |
13,736 |
57,197 |
30,096 |
30,701 |
1892 |
113,217 |
100,846 |
13,384 |
9,197 |
1,406 |
26,563 |
1900 |
115,865 |
133,081 |
3,579 |
55,512 |
5,753 |
14,234 |
1904 |
47,880 |
82,442 |
2,554 |
22,472 |
3,189 |
5,205 |
1872, 1876, Va., N.C., S.C., Ala. (Tribune Almanac of 1896.)1872, Louisiana (World Almanac.)1892, Louisiana (Republican and Populists.)1892, N.C.; 1900, 1904 (Due to Populists.)