11 YALE UNIVERSITY LIBRARY The EDWIN J. BEINECKE, '07 FREDERICK W. BEINECKE, *o9S WALTER BEINECKE, '10 FUND -_ Occasional Papers, No. 1 1. "^XLbe Hmerican IRegro Hcabemg. THE NEGRO AND THE ..ELECTIVE FRANCHISE.. APERIES OF PAPERS AND A SERMON BY Archibald H. Grimke, « Charles C. Cook, John Hope, « John L. Love, a Kelly Miller and Rev. Prank J. Grimke. PRICE: 35 CENTS. WASHINGTON, D. C. PUBLISHED BY THE ACADEMY. I905. OCCASIONAL PAPERS. No. i — A Review of Hoffman's Race Traits and Tendencies of the American, Negro,/ kelly miller 2$cts. No. 2 — The Conservation of Races, w. E. buRGhardT DUBOIS. i5cts No. 3 — (a) Civilization the Primal* Need of the Race; (b) -The Attitude of the Amefticten-Mind toward IheNe - gro Intellect. Alexander cruMmell. i$cts. No. 4— A Comparative Study of the Negro Problem OHARLES'C. COOK. T^CtS. No. 5 — How the Black St. Domingo Legion Saved the Pa triot Army in, the Siege of Savannah, 1779 T. ,g. steward, y. s), a. JScts. No. 6 — The Disfranchisement of the Negro, john l. loVE. 15c?.? No. 7— Right on the Scaffold, or, the Martyrs of 1822. ARCHIBALD H. GRIMKE. I$CtS. No. 8 — The Educated Negro and his Mission. W. S. SCARBOROUGH.-- l$CtS.T ATo. g—The Early Negro Convention Movement. JOHN W. CROMWELL. I$CtS No. 10 — The Defects of the Negro Church. ORISHATUKEH FADUMA. l$CtSS Orders for the trade.or single copies filled through the Corres^ ponding Secretary, J.W.CROMWELL. 1439 Pierce Place, Washington, D. C. Occasional Papers. No. II. "*"ZTbe Emerican Hegro Hcabemg. THE NEGRO AND THE ..ELECTIVE FRANCHISE.. A SERIES OF PAPERS AND A SERMON BY Archibald H. Grimke, • Charles C. Cook, John Hope, • John L. Love, • Kelly Miller and Rev. Frank J. Grimke. PRICE: - - ¦ THIRTY-EIVE CENTS. WASHINGTON, D. C. PUBLISHED BY THE ACADEMY. I905. CONTENTS. 1 . Meaning and Need of the Movement to Reduce Southern Representation, Mr. A. H. Grimke 3 2. The Penning of the Negro [The Negro Vote in the States of the Revised Constitutions] Mr. C. C. Cook 15 3. The Negro Vote in the States Whose Constitu tions Have Not Been Specifically Revised, Mr. John Hope 51 4. The Potentiality of the Negro Vote, North and West, Mr. John L. Love, 61 .5. Migration and Distribution of the Negro Popula tion as Affecting the Elective Franchise, Mr. Kelly Miller, 68 6. The Negro and His Citizenship, Rev. F. J. Grimke 72 THE MEANING AND NEED OE THE MOVEMENT TO REDUCE SOUTHERN REPRESENTATION. In 1787 when the founders of the American Republic were framing the Constitution they encountered many* difficulties in the work of construction, but none greater than the bringing to gether on terms of equality under one general government of the slave-holding and the non-slave-holding states. The South was willing to enter the Union provided always that its peculiar la bor and institutions received adequate protection in that instru ment. And this the North had finally to consent to incorporate into the organic law of the new nation. One" of these conces sions was known as the Slave Representation Clause of the Con stitution, which gave to the Slave section the right to count five slaves as three freemen in the apportionment of representatives. This concession did not probably seem at the time like an exorbi tant or ruinous price for the North to pay for the Union, but sub sequent events proved it to be both exorbitant and ruinous in the political burden which it imposed upon that section, and in the political perils which grew naturally out of the situation, and which were produced by it. Everybody now-a-days seemsto forget, or makes believe to have forgotten, this lamentable chapter in- our history, and its applica tion to present day evils — everybody but a few far-seeing Ne groes, and a few far-seeing white men at the North. It is well not to forget this chapter ourselves, or to let the country make believe to have forgotten it, as it contains a lesson which it is dangerous to forget. History repeats itself and will continue to do so just as long as men are men, and the passion for power and the struggle for do mination lasts among them. Such a struggle set in between the two sections almost immediately after the adoption of the Con stitution. With industrial and political ideas, interests, and in stitutions directly opposed to each other, rivalry and strife be tween them became from the beginning unavoidable. Any one not totally blinded by the then emergent needs of the moment: could not fail to foresee something of the consequences which were sure to follow such a union of irreconcilable forces and pas sions under one general government. Each set of antagonistic ideas and interests was compelled by the great law of self preser vation to try to get possession of the government in its battle with the other set. And in this conflict of moral and economic forces and ideas the three-fifths slave representation clause of the Con stitution gave to the South a distinct advantage, an advantage which told immediately and powerfully in its favor. For' the right to count five slaves as three freemen in the apportionment 4 OCCASIONAL PAPERS, NO. II. of representatives among the several states placed the political power of the Southern states in the hands not of all the whites but of a small and highly trained and organized minority only! name ly ; tljejaaster class. This circumstance solidified the South, and gave to itTaSttoff a unity and energy of purpose which the indus trial democracy of the North always lacked. As a consequence, Southern men obtained speedy possession of the National Govern ment, and shaped National Legislation and policy to advance best the peculiar ideas and interests of their section. The big end of the National Government lay plainly enough well to the south of Ma son and Dixon's line during the first twenty-five years of the exist ence of the Union. The course of events during this period re vealed this bitter fact to New England. For she was outwitted, out-voted and over-matched again and again in national legisla tion and administrative measures by the slave oligarchy, which ruled the South and dominated in national affairs. For instance, New England opposed the embargo and the retalia tory measures of Mr. Jefferson's administration, which destroyed her splendid carrying trade, and bore distress to hundreds of thousands of her people. She opposed the War of 1812 because it seemed to her inimical to her interests, but regardless of pro tests and cries the embargo was laid on her ports and shipping, the War against Great Britain was declared. She was forced to dance, volens-nolens, to the rag-time music of her Southern rival. She danced in both instances while discontent grew apace in her hot, surcharged heart. She did -not disguise the ugly fact that she was sick of her bargain under the Constitution — was discon tented almost to disaffection with Southern domination in the Un ion. Out of this widespread discontent and incipient disaffection sprang the Hartford Convention to voice this growing Anti- Southern sentiment, and to cast about for a remedy for what was rightly deemed bad political conditions. The great question with which this celebrated convention grappled was, in fact, the undue and disproportionate power wielded by the slave oligarchy in na tional affairs, and how best to impose a check upon its further growth. It could think apparently of but one remedial measure to relieve the situation, and that was the imposition of a check on any further increase in the then existing number of states. But while the resolution which embodied this rather doubtful remedy referred to states in general, it was intended when read between the lines, to refer to slave states in particular. That was the first blow aimed by the industrial democracy of the North at this aristocratic feature of the National Constitution, namely : the right to count five slaves as three freemen in the ap portionment of representatives among the states. It was felt at MOVEMENT TO REDUCE SOUTHERN REPRESENTATION. 5 the time and much more strongly and generally afterward, that Ihis three-fifths slave representation clause which enabled a small minority of the people of the South to wield the political power of that section, and in any controverted question between the sec tions to neutralize the free-will of every three freemen by the dum my-will of every five slaves, was an unjust and dangerous advan tage possessed by the slave oligarchy over its sectional rival, the free democracy of the North. The consciousness of this political wrong and danger was at the bottom of the bitter opposition on the part of the North to the ad mission of Missouri as a slave state, to the annexation of Texas, and to the Mexican War. It was at the bottom of the fierce cry which rose all over that section at the close of that war, "No more slave territory, no more slave states." It was the soul of the great movement which beat back the slave tide from Kansas and saved that state to freedom. It was, in fact, this struggle of the free states to reduce to a minimum the peril to its industrial de mocracy which grew out of the slave representation clause of the Constitution, and the resistance of the slave states to such a move ment, which produced the war between the sections. This war ended in the destruction of slavery and as the North supposed and intended, in the total destruction of this right of the South to count five slaves as three freemen in the apportionment of repre sentatives among the several states in the newly restored Union. But wrong does not die under a single stroke. It has a strange power of metamorphosis, i. e. ability to change its form without losing its identity. The slave power, which everybody at the North imagined to be dead, re-appeared almost at once as the Southern serf power, in consequence of legislation enacted in the then lately rebellious states by the old slave masters. They had lost their slaves, to be sure, and the political power incident under the Constitution to such ownership, but they had not lost the po litical cunning and determination to create a similar power out of the social forces and material which lay in disorder about them. The reconstruction of the South by the old slave oligarchy re sulted in the threatened rise in national affairs of an African serf power more formidable to the North than was the old slave power than five is greater than three in federal numbers. This threat ened rise in national politics of an African serf power aroused the North to the danger which girt afresh the supremacy of its indus trial democracy in the Union. It thereupon set about the work of removing this peril forever. In doing this work it unfortu nately limited itself exclusively to the use of political agencies. But there is no doubt that what it did in reconstructing the old slave states was meant to be thorough. It meant to extirpate 6 OCCASIONAL PAPERS, NO. II. root and branch, from the Constitution the right of the South to count five slaves as three freemen, or five serfs as five freemen in the apportionment of representatives among the states. This was the plain purpose of the whole body of congressional legislation looking to southern reconstruction. It is the plain purpose like wise of the 14th and 15th amendments to the Constitution. All of these great acts were intended to destroy utterly the ba sis on which rested the old slave power, and on which would rest the new serf power, namely : inequality and race subjection. The 13th amendment abolished slavery, the 14th raised the former slaves to citizenship, and the 15th conferred on them the right to vote. The whole scheme for removing forever this evil seemed on paper complete enough, and in practice it would undoubtedly have proven effective had not an unexpected difficulty arisen when it was put into operation. This unexpected difficulty was the atti tude of the Supreme Court in interpreting the laws made in pur suance thereof. The effect of the decisions of this tribunal has almost invariably been against the Negro's claim to equality, and in favor of the Southern contention of the existence of two races in the south, one permanently dominant and the other per manently servile, and that the maintenance of this state of race superiority on the one side, and of race infe riority on the other furnished the only working plan of their living in peace together or of their making any further progress in civilization. Owing to this deplorable attitude the Supreme Court has been a hindrance rather than a help in the settlement of this question. No relief need be looked for from it, therefore, under the circumstances. Relief, if it comes at all, must come from another quarter of the political system under which we live. And for such relief fortunately, the 14th amendment has ade quately provided. All that is necessary to render the provision of this amendment, which is applicable to the present situation, effective are courage and common sense. But alas, courage and common sense in respect to this subject seem to be sadly lacking to-day both at the North and among the Negroes as well. The provision of the 14th amendment just referred to reads as follows : "Representatives shall be apportioned among the several states according to their respective numbers counting the whole number of persons in each state, excluding Indians not ta.'sed. But when the right to vote at any election for the choice of elec tors for President and Vice-President of the United States, repre sentatives in Congress, the executive and judicial officers of a state, or the members of the Legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged ex- MOVEMENT TO REDUCE SOUTHERN REPRESENTATION. 7 cept for participation in rebellion or other crime, the basis of rep resentation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state." Every Southern state has virtually by one device or another, since the adoption of the 14th and 15th amendments, denied to its colored citizens the right to vote. This was first done by the shot gun method, which gave place in time to fraudulent manipula tions of electoral returns, and this in turn to "grandfather" and understanding clauses" administered by prejudiced registra tion boards in those states which have revised their constitutions. Says Professor Dunning in an article on "The Undoing of Re construction" in the Atlantic Monthly for October, 1901 : "With the enactment of these constitutional amendments by the various states, the political equality of the Negro is becoming extinct in law as it has long been in fact, and the undoing of reconstruction is nearing completion." Now this statement is exactly true. The South has everywhere nullified in practice the 14th and 15th a- mendments to the Constitution. It denies to black men the right to vote, but it counts at the same time those same black men in the apportionment of its representatives. The present serf power therefore, enjoys to-day a right far greater than that enjoyed by the old slave power, for it counts five of its disfranchised black citizens not as three but as five free men. It has achieved the ex traordinary feat of eating its political cake and keeping it at the same time. In South Carolina, for example, where the blacks outnumber the whites by 224,326, and in Mississippi where the colored popula tion is in excess of the white by 263,640, "the influence of the Ne groes in political affairs," as put by Prof. Dunning, "is nil." And this is substantially true of almost everyone ' of the old slave states whether they have or have not revised their constitutions. Says Prof. DuBois : "To-day the black man of the South has al most nothing to say as to how much he shall be taxed, or how those taxes shall be expended, as to who shall make the laws and how they shall be made. It is pitiable that frantic efforts must be made' at critical times to get law-makers in some states even to listen to the respectful presentation of the black side of a cur rent controversy." , Entrenched in the South to-day is an aristocracy based on race. The whole tendency of things down there is to de-citizenise the blacks, to reduce them to a state of permanent political and indus trial subordination to the whites. This is aristocratizing the re public with a vengeance. For with the right to vote, the right to a voice in making the laws, denied to any class of people in an in- 8 OCCASIONAL PAPERS, NO. II. dustrial republic like ours, such class must go from bad to worse in the struggle for bread, for existence, in competition with more favored classes. It does more : it reduces the efficiency of such a class as a producer of wealth not alone in respect to itself, but in respect to the section in which it lives as well. For whatever degrades and wrongs such a class degrades and wrongs the com munity and the country of which it forms a part. And there is no help for it, for such is the natural law of retribution which no "understanding" and "grandfather clauses" and registration boards, however adroitly devised, can in the long run possibly e- vade or nullify. This then is the deplorable economic situation with regard to whites and blacks alike in the Southern states, as a direct consequence of the undoing of the 14th and the .15th a- mendments to the Constitution by those States. The degradation of their black labor will ultimate in the degradation of their white labor also. In fact, the disfranchisement of the blacks operates practically everywhere down there as a disfranchisement of the great body of the whites likewise. For disuse of a power, wheth er physical or political, begets in time disinclination and then in capacity for exercising the same. The right to vote, under pres ent political conditions which prevail throughout that section, is, as a matter of fact, exercised but by a small minority of the whites only. The total vote, for example, cast for representatives in Southern congressional districts is surprisingly slight in com parison with that cast in Northern congressional districts. The same is true of the vote for presidential electors, and for the ex ecutive, legislative and judicial officers of the various southern states for that matter. A handful of ruling whites, and that not of the best class as in antebellum times, casts to-day the entire vote of that section as represented by all of its black and a large- majority of its white citizens, at national and state elections., For instance, the average vote cast for Congressmen by North ern congressional districts during the election of 1898 was over 35,000. while that cast by Arkansas, Georgia, Louisiana, Missis sippi and South Carolina, which are operated in effect on the Mis sissippi plan, was less than 5,000. The total vote cast for 37 con gressmen by those five Southern states was only 184,602, while the total vote polled by the state of New York for 34 congressmen was 1,250,000, i. e. 184,602 electors in those five Mississippi- ized states had actually a larger congressional representation by three than had the 1,250,000 voters of the Empire state. Again, take the case of Kansas, which though casting 100,000 more votes at its congressional election in 1898, than were cast by these same five Southern states combined, yet Kansas had but seven repre sentatives in Congress to guard and promote her peculiar inter- MOVEMENT TO REDUCE SOUTHERN REPRESENTATION. 9 ests against the 27 who sat in the House to guard and promote the peculiar interests of the ruling oligarchy of those five de-re- publicanized Southern states. But let us look more closely into this matter. Alabama with a population of 1,828,697, and nine representatives in Congress polled at the Congressional election, in 1902 a total vote of 90,105 for the nine districts, while the new state of Washington with a population of 518,103 and three representatives polled at the same election a total vote of 93,681, i. e., there were 3,000 more votes polled to elect three congressmen in Washington than Alabama polled to elect nine. Again, Mississippi with a population of 1, 531,270 and eight representatives in Congress polled at the same election a total vote of 18,058 for the eight congressional districts, while little Idaho with a population of 161,772 and one represen tative polled at the same time a vote of 57,712, which exceeded more than three times the vote polled by Mississippi for eight re presentatives. Or let us take Louisiana with a population of 1, 381,625 and seven representatives in Congress, and her total vote of 26,265 during the same election fof seven districts and con trast these figures with those of Rhode Island with a population of 428,556 and two representatives. The Rhode Island figures are 56,064, or nearly double the vote of Louisiana for seven con gressional districts. Or again, let us glance in passing at South Carolina with a population of 1,340,316 and seven representatives in Congress, and New Hampshire with a population of 411,588 and two representatives. The first polled in 1902 at the election of her seven congressmen 32,085 votes, and the second at the el ection of her two representatives polled at the same time 74,833. In other words, there were nearly 43,000 less votes polled in South Carolina to elect seven Congressmen than were polled in New Hampshire to elect two. To sum up : Alabama, Louis iana, Mississippi, and South Carolina with an aggregate popu lation of 6,106,908 and 31 representatives in Congress cast in 1902 a total vote of 166,576 in 31 congressional districts, while Idaho, New Hampshire, Rhode Island and Washington with an aggregate population of 1,500,000, and eight representatives polled at the same general elections a total vote of 282,294 in their eight congressional districts. The average vote for each of the 31 Southern congressional districts was 5,530; while that for each of the eight Northern districts was 35,287. Why Massachusetts alone with a population of 2,805,346 and 14 rep resentatives rolled up a vote to elect these 14 congressmen more than double that which the four Southern states with a population of over 6,000,000 polled to elect their 31 representa tives ! IO OCCASIONAL PAPERS, NO. II. Again: At the presidential election last November the com bined vote of Alabama, Louisiana, Mississippi and South Car olina, for 39 electors was less than 200,000 or to be exact was just 186,253, while the vote of Massachusetts for 16 electors was 442,732. In other words, the vote of Massachusetts for her 16 representatives in the electoral college, exceeded that of the four Southern states for their 39 in the same body by more than 250,000 polls. Once more: Is it not immensely omi nous and significant the marked shrinkage in 1904 of the pop ular vote for electors in Alabama, North Carolina, and Virginia, states which had but recently revised their constitutions, as com pared with the popular vote of the same states for electors in 1900? There was for example a shrinkage of the popular vote in Alabama of nearly 50,000 polls ; in North Carolina the shrink age amounted to nearly 85,000, and in Virginia it ran up to more than 135,000. These figures are eloquent of great wrongs done the Negro. They are not less eloquent of great dangers which now threaten to subvert free institutions in the Republic. Since the elections of 1898 things in the South went rapidly in respect to this subject from bad to worse. Alabama, North Carolina and Virginia followed the example of Mississippi and revised their constitutions. This reactionary movement of the Southern oligarchy has reached as far north as Maryland, and the work of aristocratizing her constitution and of Jim-Crowing her laws is now nearing completion. Where is this movement to stop ? Will it halt south of Mason and Dixon's line unless drastic meas ures are speedily adopted by the National Government to arrest it? No, this aristocratic revolution will certainly, unless checked, invade the North, attacking and overthrowing first the political rights of black men in that section, and later those of other classes of citizens industrially and politically feebler than the rest until one after another of the states now free shall have succumbed to the rule of class and plutocratic power. Then indeed will the un doing of the 14th and the 15th amendments, and of democratic in stitutions in America, be complete. Not until then will the move ment, which is fast aristocratizing the Republic, stop its steady advance. I am no alarmist, but am telling the sober truth. Those who have eyes to see, let them look around at the ominous signs of this advancing evil. Those who have ears to hear, may hear everywhere about them the foreboding sounds of this rising flood of wrong and inequality, this growing disregard for law, this de nial to the people of a voice in government, whether state, colon ial or national, which characterize the present period of our na tional history. It will not be impertinent for me to add by way of concluding MOVEMENT TO REDUCE SOUTHERN REPRESENTATION. II this article, a few words regarding some of the political con sequences, which would be sure to follow a reduction of South ern representation in Congress and the electoral college. It would, in the first place, reduce the political strength of the South as a factor in national legislation, diminish its relative importance as an element in national politics. That section is insolent, ex acting and aggressive to-day on the Negro question because it has so much numerical strength in Congress and the electoral col lege by reason of its suppressed Negro vote. Reduce that strength by a judicious blood-letting to the number of twenty- five or thirty-five representatives and there will follow in due time a corresponding reduction of its arrogance and aggressive ness on the race question. For as it declines in relative strength in Congress and the electoral college it will decline in relative im portance in management and leadership of the democratic party also. It will gradually lose its controlling influence over that party, cease ultimately to dominate it on the Negro question. The relative decline of the South in Congress and the electoral col lege means, of course, the relative increase of the North in the same branch — means that in time the North will pay less heed to the claims of the South, to its threats, and more to the claims, to the case of the Negro. It means more. The relative decline of the South as a factor in national politics means the relative in crease of the northern wing of the Democratic party in the con trol of that party, in the shaping for that party of a more liberal policy on the Negro question. For as the northern wing of this party gains in relative strength, in numerical importance over that of the South, it will be tempted more and more to solicit the support of the Negro vote of the North. In close elections and in pivotal states the Democrats of the North will thereupon make liberal declarations and positive bids in order to win this vote from the Republican party. This consideration brings me to a second consequence, which would follow a reduction of southern representation. And that is this : lt will put an end to the present period of good will and peace between the sections, so disastrous to the rights of the Ne gro. Such a measure will usher in a period of bitter difference and strife between the two sections again. These differences will not arise merely between the Republicans of the North and the white South, but between democrats of the North and demo crats of the South on the Negro question as well. For the north ern wing of the Democratic party cannot bid for the colored vote of its section without offending the South and therefore sowing seeds of alienation and strife between them on the question of the rights and wrongs of the Negro, as a citizen. There will follow 12 OCCASIONAL PAPERS, NO. II. such differences and strife between the sections, a reaction at the North in favor of the Negro. Public sentiment for juster treat ment of the race will gain thereafter steadily in strength. It will influence the Republican party to give to the question a more rad ical treatment than it now gives it, to take steps to enforce by ap propriate legislation the 15th amendment of the Constitution. Such growing public sentiment in favor of according the Negro fairer treatment may do more, it may be able to reach even that pro-Southern tribunal, the Supreme Court, and put like the bees of the Bible honey for the race in its hitherto cold and unrespon sive body. Even it may be influenced in time to twist the law in favor of human liberty, not against it, as now. And lastly, it will give the silent South a chance to be heard on the Negro ques tion. It will give it a chance to appeal from those states drunk on the race question, to their sober second thought, a chance to show them the folly and madness of their disfranchisement and consequent degradation of their Negro labor as an economic fac tor in their development and civilization. And so liberal senti ment towards the Negro may be awakened in the South and be made thus to spread slowly downward as a leavening influence. And in the third place, reducing Southern representation in Congress and the electoral college will not hurt the Negro. It will not take away from him any right which he now enjoys down there. The doing so cannot in any way change his actual status either in law or in fact. He is now disfranchised ; Congress will still have power to enforce the 15th amendment by appropriate legislation and it will do so whenever it can screw its courage to the sticking point. The reduction of Southern representation will certainly break up the present apathetic state of the country in respect to the Negro. With this breaking up there will follow a reaction in favor of freedom, and there will arise in due time a public sentiment which will bring legislation to enforce the right of the Colored people of the South to the ballot well within the range of the possible, yea of the probable, if the South persists af ter reduction, — but it will not long persist, — in its present purpose to nullify the 15th amendment, and to reduce its Colored people to a condition of a permanently subordinate and servile class, without rights as men or as citizens which southern white peo ple are bound to respect. Let southern representation in Con gress be therefore reduced. The sooner the better it will be for the Negro and the Nation. The law department of the United States Government has at last moved effectively against the meat trust. And I see that the Interstate Commerce Commission is looking into the charge that certain railroads are practicing by a system of rebates dis- MOVEMENT TO REDUCE SOUTHERN REPRESENTATION. 13 crimination against shippers of live stock, and in favor of pack ing house products and dressed meats. But alas, how different has been the attitude of the national government toward investi gating that greatest of all discriminations in the Republic, name ly : the wholesale disfranchisement of Negroes in the South be cause they are Negroes. A few years ago one of the bravest and most far-seeing of the representatives of Massachusetts in either branch of Congress offered a resolution to investigate the sub ject merely. The administration, which was then, and they say is now opposed to meddling in this particular manner with the Southern question, was found equal to the occasion. When it failed to silence the voice of Congressman Moody regarding the matter, it lifted him with masterly state craft from the floor of the House, and landed him safely in the Cabinet where he is still, and where his silence might the better be secured. Thus passed the Moody resolution to dusty death, and the place which knew it once in Congress hath known it no more, and will know it no more forever. But there is another Congressman who for years has watched keenly the growth of this threatening evil, the growth of this wrong so subversive of the rights of the blacks at the South, and so harmful to the interests of our industrial democracy at the North. Five years ago he thought it was high time for the gen eral government to address itself to that subject, and according ly proposed from his place in Congress suitable measures for that purpose. Unfortunately for Congressman Crumpacker's propo sition the presidential election of 1900 was at the time approach ing and which, in the opinion of the McKinley administration, called loudly then for silence and oblivion on this vexed question. In obedience to this loud call of the Moloch of party success at the polls, Mr. Crumpacker's bill suffered death by asphyxiation in committee. The matter was, however, revived by Mr. Crumpacker in a sub sequent Congress in the form of a resolution which provided for the appointment by the Speaker of a select committee of thirteen "whose duty it shall be, and who shall have full and ample power to investigate and inquire into the validity of the election laws of the several states and the manner of their enforcement, and wheth er the right to vote at any election for the choice of electors for President and Vice President of the United States, representatives in Congress, the executive and judicial officers of any of the states or the members of the legislature thereof, is denied to any of the male inhabitants of any of the states, being twenty-one years of age and citizens of the United States, or in any way abridged, ex cept for crime." This resolution so reasonable, moderate, and 14 OCCASIONAL PAPERS, NO. II. just, fell a victim, so it was reported at the time, to a shrewd bar gain struck between the Southern oligarchy on the one hand and the Republican managers of Cuban reciprocity on the other. The Crumpacker resolution was put to sleep amidst the dust heaps of old congressional documents, where it has slept without waking until the present session of Congress, when its profound slumber has been disturbed by renewed attempts made in both branches of the National legislature to revive the subject, and to dowhat theRe- publican national platform of 1904 pledged that party to do in the event of its triumph at the polls, according to the plain meaning and purpose of the following plank in that platform. "We favor such Congressional action as shall determine wheth er, by special discrimination, the elective franchise in any state has been unconstitutionally limited : and if such is the case we de mand that representation in Congress and in the electoral college shall be proportionally reduced as directed by the Constitution of the United States." And while the Republican party hesitates to redeem its solemn pledge made to the people before the elections last November, the tide of intolerable wrong, of imminent peril :— of intolerable wrong to the blacks and of imminent peril to the Republic, is advancing nearer and rising higher and higher toward the point where to ignore it much longer will mean widespread and far- reaching disaster to our industrial democracy, to Republican in stitutions in America. On its crest I see approaching forces strong enough to subvert the Constitution, not only in the South but in the North — forces strong enough to uprear on its ruins the vast fabric of plutocratic empire and despotism. The warning is sounding in our ears, it is sounding in the ears of the people all over the land. Do we heed it, will they ? ARCHIBALD H. GRIMKE. THE PENNING OF THE NEGRO. 15 THE PENNING OE THE NEGRO. 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 per sons, and Indians not taxed, who is a citizen of the United Stares, 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, per jury, embezzlement, or bigamy, and who has paid on or before the ist 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 pro duce to the officer holding the election satisfactory evidence that he has paid his taxes." Section 242 of Article 12, further provides that persons offer ing 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 dis trict for one year preceding the ensuing election, and am now iri 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 disqualifi- ' cation to be an elector, that I will truly answer all questions pro pounded 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 under stand the same when read to him, or give a reasonable interpreta tion thereof." l6~ occasional papers, no. ii. (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 con stitution 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 registra tion, by making, under oath administered by the registration offi cer or his deputy, written application therefor, in the English lan guage, 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 what ever, 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 provi sion of the constitution of this State. Section 4. If he be not able to read and write, provided by sec tion 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 the penning of the NEGRO. I 7 Uian $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 re sided, 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 reg ister and vote in this State by reason of his failure to possess the educational or property qualifications prescribed by this consti tution : Provided, He shall have resided in this State for five years next preceding the date at which he shall apply for regis tration, 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 hisfailure to possess the ed ucational qualification herein prescribed, provided he shall have registered in accordance with the terms of this section priortoDe- cember, 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, pro vide 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 dis qualified 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 Su- 18 OCCASIONAL PAPERS, NO. II. preme 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 fol lows : "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 fore going, 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 enum erated 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 char acter and who understand the duties and obligations of citizenship under a republican form of goverment.' By section 181 after January 1, 1003, only the following persons are entitled to regis ter : First. Those who can read and write any article of the Con stitution of the United States in the English language, and who either are physically unable to work or have been regularly en gaged 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 re side, and owners or husbands of owners of real or personal estate in the State assessed for taxation at three hundred dollars or more challenge is untrue before his vote shall be received. 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 THE PENNING OF THE NEGRO. 19 five years, the names by which they have been known, and the names of their employers." (6) Virginia, (in effect July ioth, 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 en titled to vote for members of the General Assembly and all offi cers elected by the people ; but removal from one precinct to an other, in the same county, city or town shall not deprive any per son 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 hav ing 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 ag gregating 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 rea sonable explanation of the same ; or, if unable to read such sec tion, 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. 20 OCCASIONAL PAPERS, NO. II. 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, suggestion1 or memorandum, in the presence of the registration officers, stating therein his name, age, date and place of birth, residence and occu pation 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 fol lowing conditions : That he, unless exempted by section Twenty-two, shall, as a prerequisite to the right to vote after the flrst day of January, nineteen hundred and four, personally pay, at least six months prior to the election, all state poll taxes assessed or assessable a- gainst him under this Constitution, during the three years next preceding that in which he offers vote ; provided that, if he regis ter 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 prep aration 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 reg istering 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 THE PENNING OF THE NEGRO. 21 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 col ored 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 ma}", 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 rad ical change in the institutions of the Republic, a history begin ning 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 A- merican 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 pos- 22 OCCASIONAL PAPERS, NO. II. sessed 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 ob tained 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 out er)- at home — and then taking out the side-arms, which the gen erous terms of surrender had permitted them to retain, they rapidly dispersed the opposing force, and took the reins of gov ernment again into their own hands. With musket in one hand to retain political power, and pen in the other to undo the Re construction 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 pros perity. In 1890, Virginia, North Carolina, South Carolina, Ala bama, 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 Hamp shire, 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-twen ty-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 contribu tor}- agent to the new industrial prosperity of the South — and not the less, cut off from any sort of control, even of the indus tries, 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 di version of attention from economical to political problems. The THE PENNING OF THE NEGRO. 23 Republican party pledge to secure for all citizens 'a free bal lot 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 Popu list 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 pre sented 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 par ties 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 ciunty and town election con tests, even in the Southern states where the Democratic party is in entire possession of the State government, this com pact (?) 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 thebal- ance of power in town or county, the bitter irony of the situation is overwhelming.* The South is simply driven by its own irrefu table ( ?) logic to total disfranchisement of the Negro, there be ing 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 muni cipal under which they live( !). All this the South, impelled by her honest desire (!) for good government, and resolutely *In West Virginia there are, on the Census basis (958,8oo=whole popu lation, less 43,499-colored population=9i5,30i=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, ^3207 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. 24 OCCASIONAL PArERS, NO. II. turning her back upon past methods of fraud and violence, ( !) means to accomplish legally — provided Congress and the Su preme Court throw over her naked but unalterable will the broad mantle of legality. We are reminded of the story of the princess, who wandering in rags, came to a palace and begged accommodation there be fitting 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 iu 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 solu tion. This happily settled, the South after fifteen years of uncertain ty, 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 assur ance 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 partv, 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 presiden tial 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 be longs to the people of those States. The recent amendments to the National Constitution should' be cordially sustained because they are right, not merely tolera ted 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 a- mendments. THE PENNING OF THE NEGRO. 25 [1872.] Complete liberty and exact equality in the enjoyment of all civ il, 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 adminis tration 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, de riving their just powers from the consent of the governed." Until these truths are cheerfully obeyed, or, if need be, vigorous ly 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 Consti tutional Amendments is vested by those amendments in the Con gress 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 dis content on the part of any class, and for securing to every Amer ican citizen complete liberty and exact equality in the exercise of all civil, political and public rights. To this end we impera tively 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 pun ishment of all those who violate them, are the only safe methods bv which an enduring peace can be secured and genuine pros- 26 OCCASIONAL PAPERS, NO. II. peritv 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 de nounce the fraud and violence practiced by the Democracy in Southern States, by which the will of a voter is defeated, as dan gerous 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 leg islation as will secure to every citizen, of whatever race and col or, the full and complete recognition, possession and exercise of all civil and political rights. [1888.] We reaffirm our unswerving devotion to the national Constitu tion 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 al lowed to cast one free and unrestricted ballot in all public elec tions, and that such ballot shall be counted and returned as cast ; that such laws shall be enacted and enforced as will secure to THE PENNING OF THE NEGRO. 27 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 representa tion of all the people, as well as their just and equal protection under the laws, are the foundation of our Republican institu tions, and the party will never relent its efforts until the integ rity of the ballot and the purity of elections shall be fully guar anteed 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 direct ed 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 28 OCCASIONAL PAPERS, NO. II. 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 sov ereign 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 momen tous 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 econom ic and social difference, which made diverging ideals, diverging habits, diverging tastes, ceased to be, real sympathy was impos sible. 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. There fore it is that in a part of the writing and ruling class, we feel that there is a gravitating of morals southward.* 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 re mains 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 polit ical equality for the Negro. 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 emploved 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 be fore 1776, — in politics, because it is doing the same in morals. *"The Republican party in its work of imposing the sovereignty of the United States upon eight millions of Asiatics, has changed its views in re gard 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 haye no further fear that the Republicar party, or Republican admin istrations, will ever again give themselves over to the vain imagination of the political equality of man." [Burgess-Reconstruction and the Constitution, page 298.] THE PENNING OF THE NEGRO. 29 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 fill ing in the space with stone. Days of tremendous business activi ty, or national triumph are not likely to be so spent. We must not make the mistake of assuming that there is pow er in the nation to do us justice. "Not in a republic," some one may ask? No! Von Hoist says: "That virtue is the specific vital principle of republics is a delusion. The historical course of development, natural circumstances, material interests and po litical and social customs are the elements by which, in all states without exception, the form of the state is in the first place con ditioned." 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 Hoist 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 him self 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 incorpo ration of Mexico with the Union." And before 1900, as a re sult of the war with Spain, the impossible, the absolutely forbid den 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 de mands a careful consideration of every case ; it cannot be ma chine-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 crv 'forward' grows even louder, more insistent, more passion ate. 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 irresist ibly swept aside. Doubts, weariness, exhaustion even will not 30 OCCASIONAL PAPERS, NO. II. 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. Ob serve the turning of defeat in the struggle into despair, then stag nation 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 threat en this floor, upon which they stand from beneath, ever appeal ing 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 lux ury from above poison, and shaping from its own eager thous ands 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 con queror. In the west of Europe, two thousand years ago was born Julius Caesar ; in the East, Jesus Christ. From mountain, wil derness 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 govern ment by all citizens has been the foundation stone of the Repub lic. 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 s THE PENNING OF THE NEGRO. 31 race would be but to change the form of slavery." The South accepts the alternative and resolves that, whatever the cost, polit ical and social equality shall never be. The North must yield; he will not. While some are trusting to the finality of the 13th Amendment, others to industrial opportunity, others still to po litical 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 con dition of serfdom .... or a movement in the direction of recogniz ing 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 free dom 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 to gether 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? 2)2 OCCASIONAL PAPERS, NO. II. As restriction is practiced in the South, it breeds contempt for the law : And increasing unrest, for like a snow ball 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?* When slaves were escap ing, they demanded that the constitutional guarantees be ful filled to the letter, clamored like Shylock for the pound of flesh which the law allowed. Now, too, they demand of the amend ments as before of the clauses of the instrument reserving pow er to the states, that they be construed by the letter: — but with what a change of object,— no longer that the rights of minori ties may be respected but that they may be utterly suppressed. 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 na tions agreed to fix limits to the cruelties of war, did they there by place a penalty upon brains? Finally, is it claimed that a free ballot signifies unlimited cor ruption? Read the answer in England's purification of her pol itics : I quote from Sir Thomas Erskine May : — "Political morality ma}- 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 un usual 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 *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 , SI C, Va., Ala., Miss., and La., the white population is 5,396,649-55 per cent. " colored " " 4,453,253-45 per cent. " total " 9,849,902-100 per cent. BY THE I2TH CENSUS (190O.; THE PENNING OF THE NEGRO. 33 men who had bought their seats, — and paid dearly for them, — owed no allegiance to political patrons. "They sought admis sion to Parliament, not so much with a view to a political career, as to serve mere personal ends, to forward commercial specula tions, to extend their connections and to gratify their social as pirations. But their independence and ambition well fitted them for the service of the court .... They soon ranged themselves a- mong the king's friends: and thus the court policy, — which was otherwise subversive of freedom became associated with parlia mentary 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 bod ies of electors then intrusted with the franchise. . . . Representa tives 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 rhe 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 im mediately rose to a premium of 1 1 per cent. . . . Here the country sustained a loss of £385,000 Stock jobbing became the fash ion; and many members of Parliament were notoriously con cerned in it. Again in 1781. . .a loan of £12,000,000 was con tracted 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 pur pose 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 constitu encies of the 66 boroughs amounted to 1440 The county of Argyll, with a population of 100,000 had but 115 electors Caith ness with 36,000, contained 47 free holders. Edinburgh and Glasgow, the two first cities of Scotland, had each a 34 OCCASIONAL PAPERS, NO. II. 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 state ment made by the Duke of Richmond in 1780, not more than 6, 000 men returned a clear majority of the British House of Com mons. . . 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 fran chise, the bribery of a limited electoral body, and the corruption of the representatives themselves, — formed the strongest argu ments for Parliamentary reform. . . . The theory of an equal re presentation, 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 constitu tional. Popular : but not democratic : — it extended liberty, with out 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 re presented 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 alto gether ; 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 : — ist. 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 con cerned, was a beneficent institution, raising him from his prev- THE PENNING OF THE NEGRO. 35 ious 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 fail ure, 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 institu tion, 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 possi ble 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 em balm their errors in the secretion of their intellects, and even pre serves 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 seek ing 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 thous and years of progressive white civilization ; — in a country where there are sixty millions of white men, entrenched in their posses sion 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 36 OCCASIONAL PAPERS, NO. II. 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 an swer : 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 contin uance 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 prep arations 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 ig norance so submerges the black man, why does not the Massa chusetts 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?* 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 vicious- ness 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 peo ple in the District of Columbia are criminals. If the same pro portion maintains elsewhere, what more is needed to accomplish the desired end? 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 dis honesty. Rev. Edgar Gardiner Murphy, Executive Secretary of the Southern Education Board, a distinguished witness, testify- *The requirement that the voter be able to read (or write) and interpret satisfactorily, in the Virginia registration requirement be fore 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 Sena tor 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. THE PENNING OF THE NEGRO. 37 ing 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 a- bundant corroboration may easily be had*. The fact as well as the extent of disfranchisement is revfaled by the statistical summaries: — [See Page 38] -The following clipping from the Baltimore American, I cannot re frain 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 interpre tation 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 las* week could themselves give an intelligent interpretation of any sec tion 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 pro fessors of constitutional history these men would make!" STATISTICAL SUMMARIES: ADULT MALE OR COLORED VOTING POPULATION, 1900. (BEFORE) (AFTER) PASSAGE OF REVISED CONSTITUTIONS. ESTIMATED AT I IN 4.3. REPUBLICAN VOTE. REGISTRATION OF COLORED VOTERS. LITERATE. REGISTERED. Virgin/a Nor, Oar. 060.732 divided by 4.3 equal 140,123. 624,469 divided by 4.3 equ"! 127,1 14 . Census of Negroes (1900) 115,805, (T. 13 t,0~Sf, ' Al.) (19*4) 47,880, (W. A 1.) equal 69,358. 82,442, 59,625 . South Car , 7S2.3J1 divided by 4.3 equal 152,800, TiSiK) 13,334," 'Less than 6,000. (19i0) 3,579, Hres. (T., i (1904) 3,554. Pres (W.A1.) 1,242. Alaban.a 827,307 divided by 4.3 equal 181 ,471, (1900) 55,512, Pres. Mississippi 907,1*30 divided by 4.3 equal 197,936, (18S8) 30,090, _( I m^&^mj. W_A_1. ) 73 474. (1000) 5,753 Pr. s . (T Al.) 92,605. (]904> 3,189 Pres. (W. Al.) -Hardly2,5(lU. Louisiana 650 801 divided bv 4.3 equal 147,348, Total 4,451253 (l8Ss)30,:oi, (1900) 14,2.i4 Pres. (T. Al.) (1904) 5,335 Pres. (W. & 1.) 57 086. 1,147 (Newspaper estimate.) REPUBLICAN VOTE IN THE SIX STATES —VOTE AFTER DIS FRANCHISEMENT SCORED. - (World APnanac- ¦ f 1904. ) VIR GINIA. 93 468 76 093 NO CAR OLINA SO. CAR OLINA. ALA BAMA 90 272 68 230 < MISSIS SIPPI. LOUISIANA. 1872 1876 94 783 108 419 72 290 92 0§I 82 175 52 605 34 854 43 509 30 096 1 4o6 59 975 * 75 3'5 (Tribune Almanac of 1895- ) 1880 1884 18881892 83 639 '39 356 150 43§ 113 217 115 874 T25 068 134 7§4 100 846** 58 071 21 733 13 736 13 384 56 I78 59 144 57 197 9 197 38 016 46 347 30 701 26 563 f Due toPoi.ulists. 1900 I115 865 [133 o8r I 3 579 | 55 512 I 5 753 1 i4 234 1904 I 47 880 I 82 442 I 2 554 I 22 472 | 3 189 I 5 205 World. Almanac. | Republican and Populists. Due to Populists. THE PENNING OP THE NEGRO. 39 Every fresh barrier erected in the South simply publishes to the world the weakness and inefficiency of those already raised. Each time dishonest methods are newly justified, and violent de clarations, applauded, fresh evidence is given that these South ern men cannot on its merits win their case. The policy of white domination is stripped to unblushing nakedness, and confident of the fear of those who remained for two hundred years enslaved, the South narrows the issue to one of physical courage, inviting the Negro to wrest from her the power, which stands between him and justice, freedom, happiness. It is not then in the ig norance, laziness, and vice of the Negro, that the ivhite South trusts, for the continuance of her policy, but in his defenceless- ness. To these Southern men, zve can make but one reply. Unmis takably our courage is the issue. But before considering how best to treat their sinister challenge, let us answer to the Repub lican party the question: What does justice to the Negro de mand? Our reply is simple, — the fulfillment of the promise, which was treasured up in the. hearts of four million men as they passed through the doors of slavery into the light of freedom ; — ,the promise, which they have left to their children as their one priceless inheritance: "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" — this was the promise of the Republican party in 1868. The freedman appeals to the creator of his polit ical rights, as Tennyson to the Creator of his being : — Thou wilt not leave us in the dust ; Thou madest man, he knows not why; He thinks he was not made to die; And Thou hast made him, — Thou art just. Is it then fair to leave to us the vindication of the Reconstruc tion policy against men of the South, the North and even influ ential members of the party's own councils ? Must we. meet the charge that the Republican party was moved by revenge and folly, and prove that there was no other way to secure the foun dation of freedom, which hundreds of thousands had died to win? Were those terrible years of death a mere night over the gaming table, with two haggard players, 'breaking even' at dawn? Is it left to us to rescue from their own sons the fame of the heroes of the war against slavery and restore the honora ble inscriptions recorded on their tombs? When men talk of 'the greatest error of Reconstruction,' has the murder of Lincoln 40 OCCASIONAL PAPERS, NO. II. no claim to the place ? Does not John Wilkes Booth better mer it derisive canonizing than "Saint" John Brown? If it was iron- y for the "Reconstruction" legislatures to impose heavy taxes upon a people who had just emerged from a ruinous war and by bonded indebtedness extend the obligation to future gen erations, was it not also irony to punish and re-enslave by vagran cy laws the men who without an acre pr a dollar were now called free? And if it ivas hate, and revenge, and folly, which brought a- bout the 'War Amendments,' can they be honorably -withdrawn now? Is there no doctrine in law, which forbids one's renoun cing an act after he has profited by it ? But could the elections have been won and the policies maintained without the aid of the colored voter? Is there need of a statute of limitations to stop a political party from withdrawing the promises upon which it has encouraged millions of trusting people to build for forty years? Can it be honestly claimed that three-fourths of the States of the Union gave the ballot to the slave just out of the slave pen, with •the implied condition that if he failed to prove himself able from the outset to resist temptation to childish indulgence and childish dishonesty, seduced as he was by the Northern men whom grat itude bade him trust and follow, he should lose it forever? Is this the Eden where we met our "fall?" A sober Anglo-Saxon def inition of justice is given by Sidgwick: "Justice is realized (i) in the observance of law, and contracts, and definite understand ings, and in the enforcement of such penalties for the violation of these as have been legally determined and announced; and (2) in the fulfilment of natural and normal expectations." That the nation's laws will be upheld is the first requirement of justice.* But yet again are we broughtbacktotheignorance,shiftlessness and criminality of the Negro. Their fathers, so say these wiser Northern sons, could not know of these evils, which to them have .been revealed. No, they could not : had their lives been spared till now there had been no such evils to reveal. Under freedom's blaze ignorance was sucked up as the stagnant waters from a pool. With nearly the entire number of slaves illiterate, with no Schools yet built, and only those large hearted teachers to face *Here is an instance of a President's devotion to existing laws: With the Confederate government fully installed two weeks before,-- Lincoln said in his inaugural address, that "he had no purpose di rectly or indirectly to interfere with the institution of slavery." Is a manual needed in the United States to tell for what purposes and under what circumstances the law will be enforced? THE PENNING OP THE NEGRO. 41 the enormous educational work whose ministrations to the needy were their only pay, more was done in the years just after the liberation of the slaves, to remove, their ignorance, than twenty- five thousand teachers in hundreds of schools have done in the last decade since.* Progress in earning and saving correspond ed. And there was little increase of crime. A few years more of the sunlight and who doubts that these charges could never have been brought against us! And by whom are we charged with being criminal? Surely not by the South? Is it credible that our millions lived under the benign influence of slavery, almost without crime and continued even after the E- mancipation Act to live peacefully and honestly : — and then, upon the passage of the 14th Amendment dropped suddenly from this moral zenith ? Such sudden transformations are not natural : either slavery made the criminality of the African : or held it in a grip barely strong enough to -prevent its issue in acts of vio lence: or, else this record of crime is false. One of these three explanations, we cannot choose but accept. The South at least, cannot admit the first, for slavery, they declared, even before God at His Altar, to be a benign institution; neither can they admit the second, for it, too, is inconsistent with the gentleness and be nignity of slavery. But will they admit the third ? "Nine tenths of the illicit gains," says James Bryce, speaking of Reconstruc- Per cent, of illiteracy. *Colored population in i860 4,441,830 Of this about 9 per cent. (488,070) was free — per haps % of this was lite rate, i. e., about 5 per cent of the whole Equal 95 per cent or higher. Colored population above 10 years in 1870 equal whole population, 4,8So,oo9 less 2S.7 per cent, equals under 10, leaving 3.464,8o6. Above 10 unable to write 2,789,689 Equal 80 per cent. -Colored population above 10 years in 1880, 4.601,207. Above 10 unable to write 3,220,878 Equal 70 per cent. •Colored population above 10 years in 1P90, 5.328,972. Above 10 unable to write 3,o42,66S Equal 57.1 yer ;ent. •Colored population above 10 years in 1900, 6,415.581. Above 10 unable to write, 2,853,194 Equal 44.5 per cent. 42 OCCASIONAL PAPERS, NO. II. tion, 'went to the whites." Into like parts, Woodrow Wilson divides the responsibility and the discredit. "Negroes," he writes, constituted the majority of their electorates, but political power gave them no advantage of their own. Adventurers swarmed out of the North, to cozen, beguile and use them They gained the confidence of the Negroes, obtained for them selves the more lucrative offices, and lived upon the public treas ury, public contracts and their easy control of affairs. For the Negroes there was nothing but occasional allotments of a- bandoned or forfeited land, the pay of petty offices, a per-diem al lowance as members of the conventions, and the state legisla tures, which their new masters made business for, or the wages- of servants in the various offices of administration. Their ig norance and credulity made them easy dupes. A petty favor, a slender stipend, a trifling perquisite, a bit of poor land, a piece of money satisfied, or silenced them." This is the record of crime until the quickly passing day of freedom was ended. And if crime has increased since, so presently will ignorance in crease and idleness unless their growth is checked by the restor ation of freedom and justice and hope. Punishment will fail to stop the growth of idleness, vice and crime, as it has always failed, and if brutal punishments are next resorted to when mild er ones have failed, one sickens at the prospect. Can Southern, abetted by Northern men strew the earth with the seeds of ac cursed slavery, bastardy and treason, secret conspiracy, callous, sneering fraud and the brutality of the mob, and think to stop by lynching the harvest of black duplicity, bred of fear, and black criminality, bred of misery and hate, — when they have gathered enough of the fruits to make an exhibit of Negro vice? The de parture of lynching waits for two events : the breeding of the an imal out the most wretched Negroes until they find greater satis faction in something higher than sensuality and revenge ; and the breeding of savage cruelty out of the white man until he can find pleasure in something more humane than torture by fire. As our counsellors bid us turn our attention to the dark side of- our life, we bid them turn theirs from it. Your boasted civilization on its under side is but a progress from rape to adultery, from brute to devil. The savage honors the brute and tortures the devil; the civilized man tortures or crushes the brute and honors the dev il. There is a pitcher plant of California, which is so described ;• Above a funnel shaped stem, it flaunts a crimson banner. The hood of the flower is transparent, so that the wary are caught even in their efforts to flee. From the mouth downwards the walls exude intoxicating sweets but multitudinous hairs, all point ing downward, lower the victim farther with every struggle. THE PENNING OF THE NEGRO. 43 At its bottom a charnel heap, poisoning the air. Such plants flour ish amidst civilization, and millions are their victims, who de bauch their appetites until their intellects shrink to the size of their already shrunken consciences, and they are helpless to do anything but die. Liberty is perilous, a very 'valley of the shad ow of death,' but the history of every nation which has lived and died teaches us that the danger of a false step is even greater near the end of the journey than at the beginning. Egypt, As syria, Judea, Greece, Rome — the history of every nation is a light-house marking a reef in the harbor of humanity. When Cain had killed Abel, he hid the body, and when God called, replied, "Am I my brother's keeper?" A chill forebod ing comes over us with these Northern doubts of the wisdom of Reconstruction, and we cannot refrain from wondering if the North still retains the sense of duty of 61 ; if the North can do, can even will to do justice. And here let us turn from our first question: What does justice to the Negro demand? To the second: What can the Negro do to get justice? My end has been reach ed if there is felt more than before the need of answering the lat ter question. Underlying the civil laws of the nation are certain high ideals. The fidelity of the nation to these is measured by the quality and the force of public opinion. Just as long therefore as the repub lic endures, the executive, legislative and judicial powers will o- bey the people's will. To this oracle the "rulers have again ap pealed, and its answer has been an expression of renewed and in creased confidence in the Republican party. The hour of the new administration has almost come, and the message may be now- on its way to the country that the party pledges are to be redeemed. It may be that there are brighter days before us ; but if, as in the past, we stand on no securer footing than two men wrestling on a steep and icy hill-side, where both roll over and over, and there is no chance between throwing and being thrown, — then it matters not whether we appeal to President, or Con gress, or Supreme Court; to the 14th or 15th amendment, for the righting of our wrongs. Congress is empowered to enforce the 14th and 15th amend ments by appropriate legislation. Such legislation has been en acted and by one President, at least, enforced. But, now, it is held that it must be shown that the amendments are being vio lated, and this cannot be done until the Supreme Court fully in- •terprets them. What a mockery it has all become ! Insolently, sneeringly, the violators of the plain intent oi the law rise from their seats in Congress and demand how far they are going to be obliged to walk around these Amendments instead of kicking 44 OCCASIONAL PAPERS. NO. II. them aside. By law, or by force, colored men are being de prived of the right to hold office; by law or by force excluded from the jury; by law or by force sent into slavery for crimes of which they were convicted by these juries from which they are excluded ; by law or by force, they are being disfranchised. The alternative is clear. Southern men do not evade it. The re vised Constitutions stand boldly for disqualification by law. Southern Congressmen in debate as boldly proclaim the force. More cautiously Mr. Murphy testifies to the same effect, denying that "the abuse of discretionary power by the registrars of elec tions, — an abuse which the State permits, but which the Stace does not necessitate or prescribe, brings the State within reach of the penalties of the Constitution." If not by law then the Constitution is nullified by force, and it becomes the duty of Congress to maintain it. But is Congress so near the performance of this obligation that we can profita^ bly advise as to the method? Shall we say that candidates for Congress, by force or fraud elected, shall be refused their seats or that an election bill shall be passed, guaranteeing just laws; or that the penalty clause of the 14th Amendment shall be first enforced? At least, we had better wait until the House has re versed the policy outlined by its Committee on Elections, whose concluding words in the Dantzler— Lever case follow : — "How ever desirable it may be for a legislative body to retain control of the decision as to the election and qualification of its members, it is quite certain that a legislative body is not the ideal body to pass judicially upon the constitutionality of the enactments of other bodies. We have in this country a proper forum for the decision of constitutional and other judicial questions. If any citizen of South Carolina who was entitled to vote under the con stitution of that State in 1868 is now deprived by the provisions of the present constitution, he has the right to tender himself for registration and for voting, and in case his right is denied, to bring suit in a proper court for the purpose of enforcing his right or recovering damages for its denial. "That suit can be carried by him, if necessary, to the Supreme Court of the United States. If the United States Supreme Court shall declare in such case that the "fundamental conditions" in the reconstruction acts were valid and constitutional and thatthe State constitutions are in violation of those acts, and hence invalid and unconstitutional every state will be compelled to immediately bow in submission to the decision. The decision of the Supreme Court would be binding and would be a positive declaration of the law of the land which could not be denied or challenged. "On the contrary, the decision of the House of Representatives THE PENNING OF THE NEGRO. 45 upon this grave judicial question would not be considered as bind ing or effective in any case except the one acted upon or as a pre cedent for future action in the House itself. "A majority of the Committee on Elections No. v doubt the pro priety in any event of denying these Southern States representa tion in the House of Representatives pending a final settlement of the whole question in proper proceedings by the Supreme Court of the United States. Some of the members of the committee be lieve the "fundamental conditions" set forth in the reconstruction acts to be valid and the constitutions and election laws of these States to be in conflict with such conditions, and hence to be in valid. "Some of the members of the committee believe the "fundamen tal conditions" set forth in the reconstruction acts to be invalid and the constitutions and election laws of the States claimed to be in conflict with such conditions to be valid. Some members of the committee have formed no opinion and express no belief upon the subject. "Your committee on Elections No. I therefore respective1}* re commend the adoption of the following resolution : "'Resolved. That Alexander D. Dantzler was not elected a mem ber of the Fifty-eighth Congress from the Seventh Congressional district of South Carolina, and is not entitled to a seat therein.' " If not by force then the Constitution is nullified by law, and the Supreme Court must be looked to to maintain its vigor. Turning to the Supreme Court, what do we find to be its answer ? In the following words, the Court concludes in the case of Giles vs Teasley, (the 4th Alabama case) decided Feb. 23d, 1904: ¦ (from this decision Justice Harlan dissented.) "It is apparent that the thing complained of, so far as it in volves rights secured under the Federal Constitution, is the ac tion of the State of Alabama in the adoption and enforcing of a constitution with the purpose of excluding from the exercise of the right of suffrage the Negro voters of the State, in violation of the Fifteenth Amendment to the Constitution of the United States. The great difficulty of reaching the political action of a State through remedies afforded in the courts, State or Federal, was suggested by this court in Giles v. Harris, supra. "In reaching the conclusion that the present writs of error must be dismissed the court is not unmindful of the gravity of the statements of the complainant charging violation of a constitu tional amendment which is a part of the supreme law of the land ; but the right of this court to review the decisions of the highest court of a State has long been well settled, and is circumscribed by the rules established by law. We are of opipion that plain- 46 OCCASIONAL PAPERS, NO. II. tiffs in error have not brought the cases within the statute giving to this court the right of review." Far be it from me to imply that the Supreme Court will never decide the State constitutional clauses to be in violation of the national constitution; but as Yon Hoist has said: "The wit of man is not equal to the task in the shaping of political life of invent ing forms which may not be employed as weapons against their own legitimate substance or contents." The law, it might be add ed, without strong-siding conscience, is a mere magician's hand kerchief, and surely we can no longer think of ante-election prom ises embodied in the Republican party platform as binding ob ligations. To those who ask : how long shall men wait for justice? I can only answer : Wait we must, but we need not idly wait. Our future is largely our own to make. Our radius of activity is .slowly enlarging. Our daily question : what shall we do ? settles into a demand for a defined policy. "A bitter and perplexed,— What shall I do? — we are coming to find "worse than worst ne cessity." Mere agitation, we know will not suffice. The coun try is not floating upon a rising tide of indignation at the un just ness of our treatment, as it was fifty years ago. And even if the doing of justice hung upon he casting of a clie, I do not know why the throw should be the higher for violent shaking of the box. Some sort of planning of our future and united effort of at least a few to realize their plans is indispensable. Resolved, therefore, that we strive for all happiness whatsoev er, which may be fairly won. A good name and a level glance from those around us are essentials of happiness. If that is so cial equality, then, resolved that we strive for social equality. "This," says Cable, "is a fool's dream." If so let us not shrink along with Christ, to be called fools. Once past slavery there is no insuperable barrier between us and freedom. Where is this line between civil and private rights? Is not the path from one to the other continuous? Workshops and offices, public convey ances, the theatre, hotels and restaurants, apartment-houses, the boarding table, barber-shops and bath rooms, the public school and college, the scientific society, the church, the alumni dinner, the church sociable — in city, town and village: — what are these but the way to the home ?* There is an upward slope from sla- *That public conveyances come within the social sphere is assert ed by Burgess: Reconstruction and the Constitution pp. 150 — ¦ "During the winter and spring of 1867-8 the work of these con ventions went on under the greatest extravagance and incompetence of every kind. (The constitutions which came from them provided for complete equality in civil rights, and in some cases, in advanta ges of a social character, such as equal privileges in public convey ances etc.") THE PENNING OF THE NEGRO. 47 very,, where a man is a thing, to freedom, where a man is a man. Millions, the better part of mankind, live and die' on the hill-side; but all push on, as long as hope and manhood survive. That those above should acknowledge the brotherhood of those below and descend to help them is not to be generally expected ; for that requires such love of their fellows as few possess. It is foolish . then to demand the concession of social equality ; but it is quite as cowardly to give up obtaining it, as long as an upward way exists. That the path -is open is proved by the cry of those who hate us : Turn the hill-side into a precipice, — slavery is the only alternative to equality ; build an unscalable wall of caste founded upon the color of the skin, the lowest white man by law and force raised higher than the highest black. Yes, the first of all our resolutions must be this one, to strive for social equality. Not only, however, our indomitable instinct, but an urgent rea son makes this our foremost consideration. National responsi bilities, great civic or industrial responsibilities we are as yet cut off from. Through private relations then we must educate our selves to the realization, that only through the just performance of duties can true rights be won. As we perform our trust over a few things will we perform our trust over many. Already we are reminded that our claims as individuals are mixed with those of the mass of our people. In vain we urge our greater culture or refinement, we are judged by the average of our race. In our own interest then, if not from a higher motive, we must turn to the lifting of our fellows. Our solidarity is already great: let us hold to it and increase it. Far from being a curse it is a people's greatest blessing. Yet we are losing it ; our fellow sympathy and active helpfulness are not as great as were our fathers' This is of crucial importance, since our best chance of winning friends among the women and poor of the other race is by justice to the women and poor of our own. And it is the women and the poor of the other race that we need most to win : for it were hard to say which is the greater obstacle to our progress, those left be hind among the race ahead, or those left behind among our own. We must face sex inequality and class inequality among our selves, lest we bitterly denounce others' injustice when the same spirit of uncharitableness is deep buried in our own natures. Why is there such intense emphasis placed upon this issue of social equality? Largely because it arouses the jealousy of the white woman and the white poor. She, with her heart full of fear and distrust, is the first to shut the door upon the stranger. The next step after being a slave is wanting one; and she, who has been for untold ages in forced servitude to man clings jeal ously to that social order which provides a place for another more 48 OCCASIONAL PAPERS, NO. II. to be pitied than she. She, it is who holds the keys of the home, and with them, of church, school, restaurant, theatre and' car. And with women are joined the poor. They bar our way to industrial employment; they stand guard over the polls. Why? Because they have learned uncharitableness in the school of bit ter experience; because they, who have themselves never known aught but inequality, cannot even think of an even balance be tween men. Of little avail, then, the zvisdom and bounty of the few enlightened, zvhen the serried ranks of the masses bar o-'-r up ward way. . . As each occasion of hardship or slight works up on them, — high prices made by monopoly, failure of strikes, the miseries of war, unequal laws, the scorn of the rich and well-born, — they turn and empty the full reservoir of their dis content, through the ever open vent of race hatred upon any that are weaker than they. And ever and again the crafty among the ruling class, discovering this means of averting danger to them selves make haste to profit by it. The greater our show of pro gress, — the more actiye the resentment of these classes of those above us becomes. Upon the removal of this antagonism much of the welfare of the Republic as well as our own depends, and I know of no other way to accomplish it than through fairness to the women and poor of our own race. Then those just ahead will see that they have no cause to fear that among us are to be found a new set of masters to make fresh multitudes of slaves. We cannot, then, afford to go on, confident that justice and wis dom will prevail ; for the best among ourselves know how diffi cult it is to be just and wise. Let us who know the way to jus tice and can follow it, but strive to do so, and others, and yet others will be drawn into the current until its pressure becomes too great to resist. Resolved, secondly, that we will continue to form party ties from fundamental principle and not momentary prospect of ad vantage. Last of all classes, can we afford to consider trim ming our political sails to catch a chance breeze. Before it can even be granted that we hold the actual balance of power, this op portunism must have become our settled policy, — else we are not the most precarious body of voters. But suppose we were able to bargain for our vote, how wise would it be to do so? Can our voters afford to indulge in a prospect of profit to be obtained from their franchise? No, beyond question, our position is yet too insecure to warrant our driving a bargain with the Republi can party, backed by the threatened withdrawal of our ballots. For not only would an artificial value, given to our vote because it was pivotal, — which, to repeat, it could only be if it were the most precarious, — double its venality, but the likelihood of our THE PENNING OF THE NEGRO. 49 being put off with mere promises would be increased. Would not the prize be made just tempting enough to keep us vainly hoping? Would the rich with all their abundance do more than "rub our chains with crumbs?" We have all to fight to keep up our faith in the Republican party and its fidelity to the pledges of forty years, but all our political funds are invested with it, and unless in pursuit of some better principle than gratitude the time has not yet come to withdraw them. Resolved, thirdly, that we will contend for the political and so cial rights we crave, by modern rules of war, using every protec tive means we can, but scorning every dishonorable stratagem. Under the present stress a line of division is appearing between those among us who believe in open, and those who believe in se cret methods of protection. In spite however of the merciless fire we are subjected to by the press, which makes any one a mark, who so much as strikes a match, we will resolutely oppose secret bodies, secret measures, secret policies. Nothing so quickly brings out all the cruelty of hatred as fear of secret danger. Let not the awful power and unrebuked successes of Ku Klux Klan or white caps mislead us. We must be free from the charge of having suggested even such means to those whom oppression has made desperate, but for whom imitation would spell merciless re venge without even the check of Northern censure. And another evil scarce less results : a premium is hereby put upon treachery. Temptation is already too great to those among us who might be induced to betray. On the other hand, no reasonable precaution should be left tin- taken. Our position is hardly yet so perilous that we need seek the mountains., deserts or swamps for safety. Other protective measures however should be sought. First among these, is or ganization, which, however is only worthful when there is real community of interest and feeling. These it will be hard to se cure without neighborhood and common business dealings. By such means too, we shall better come under the protection of the common law, with its broad mantle spread over all contractual relations. It is hard to get justice wholesale, harder still when one cannot offer the market price. The earlier resolutions lead ing up to the 15th Amendment forbade restriction of the fran chise on account of creed, ignorance or poverty. These addi tions were laid aside before the passage of the bill. The Civil Rights bill in its earlier stages required equality in the public schools and the jury service. These failed first. The best help— this cannot be said too often— is self-help. Self-dependence will not only strengthen our own defenses, but it has a value yet high er it strengthens the Republic. Appealing as we now do to cen- 50 OCCASIONAL PAPERS, NO. II. tral authority, embodied in the Republican party, we help uncon sciously to build up centralized power. This disadvantage of our faithful adherence to that party must be confessed. By striving to obtain land and independent businesses, and towards munici pal political privileges, we will increase our responsibilities, our interest in good government and our stake in the democracy of America, — and by so doing become sturdier defenders of the Re public. To the man who zvorks, the man who wants and con sumes, in short to every man belong the common benefits and privileges due to his common humanity ; but if we mean to secure these heights which in the United States only have yet been won, we must win firm ground to stand on. The law is not grounded in such principles, he who would fight for the rights of men, must be more than a mere man to get standing in her courts. By such protective measures we may so shield ourselves from attack, that if any should wish to destroy us they must first de stroy what they have themselves built. This means much : but who so thoughtless as to suppose that ownership of land and home, or business interests or even municipal or other cor porate franchises, — with the knowledge needed to maintain them — are of themselves enough ! Who so weak as to trust in mere segregation, that if we only stay on our side of a high board fence we will be let alone What of Africa? What of China? What so absurd as unguarded wealth? The day of high board fences is passing. While segregation will supply certain oppor tunities, which we may profit by, if we use them as stepping- stones to higher things, it can only do so, if there is courage to defend what has been won. Without courage no man can hope to keep anything another covets. Somewhere in the foreground of all our policies, — if we are true men and women, — must be the determination to part with them only at a reasonable price. Let common sense, and scorn of dishonesty, or pretence, guide us in moulding them, but then let us adhere to them. Let all be done in God's name, as does the man who builds an altar, gath ers wood, then cleanses himself from all impurity before he ap proaches it to do sacrifice. When these steps have been taken, we may appeal to the God of justice, and with the confidence of him who dares ask, and receive an answering sign from Heaven, strike for the right. CHARLES CHAUVEAU COOK. NEGRO SUFFRAGE IN THE STATES. 51 NEGRO SUFFRAGE IN THE STATES WHOSE CONSTITUTIONS HAVE NOT BEEN SPECIFICALLY REVISED. So much has been said about almost every phase of the so- called "Race Problem," so many good things and so many bad things, that we are apt to believe all has been said that can be >aid and to wish that if there is anything than has ::ot vet been said, it may remain unsaid. Certainly little that is new can be said on the franchise until we have some new developments. You will get nothing new from me. I am to speak on a current topic that is as well known to you as to me. Yet it is sometimes help ful to hear your own thoughts expressed by some one else. With this possibility of doing a service, I apologize for having consent ed to write on the subject of "Negro Suffrage in the States whose Constitutions have not been Specifically Revised. But even here I feel unable to speak about all these States and prefer to ¦confine myself to my own state, for of this I may speak with the assurance that comes from contact. , The State of Georgia probably shows as little revulsion and re version of sentiment and law as any distinctly Southern state, except perhaps Texas, since the Reconstruction period. Re publican rule was short lived and, while it remained, was less ag gressive and revolutionary than in other states. The population has been fairly evenly divided between the two races with a ma jority always on the white side. The agrarian class has been less powerful than in some Southern states and the ignorance of both races has been rather mitigated and softened by centres of infor mation, towns and cities, less remotely distant from one another than is the case in several other Southern states, railroads and factories exerting a great influence in this respect. So Georgia may be taken as a type of those states in which the best things have happened or rather the worst things have not happened fof Colored people. Of course, in Reconstruction times Georgia Democrats did act harshly, .but my remarks rather have to do with the period after -that. For instance, more than thirty Colored Republicans were expelled from the Georgia legislature and the state had to have a sort of second reconstruction before it was finally recognized by the United States Government. Georgia had only one Republican governor, and sent to the National House of Representatives at least one Colored Repre sentative. But for many years, even this has been a thing of the past. White men have held all offices, occasionally having the 52 OCCASIONAL PAPERS, NO. II. monotony of complexion broken by a Colored representative from Camden, Mcintosh or Liberty county in the state legislature. The passing of the lepublican party in the state as an aggres sive elective organization has been due to several causes, but so hidden and studied have two of them been, so free from shot guns, leaving out, of course, the Ku Klux and Patrollers of the '6o's and '70's, that you cannot lay your hands on these causes so easily as in some other states where the change has been revolu tionary and sudden rather than gradual. You will notice that I say Republican party, for when the Colored vote was most ef fective it was organized by the Republican party. One of the causes of this passing of the Republican vote was intimidation at the polls on election day, threats and intimidation before the day in communities of Colored people, and official rascality in the counting of ballots actually cast. Probably, as a result of these a third cause came — the indifference of the state and municipal Republican organizations to making a canvass for the state and city officers. Then the Colored vote began to divide on Democratic candi dates and was exceedingly effective, holding the balance of pow er, as it did, in choosing white Democratic governors, congress men, state legislators, city and county officers. This went well for awhile, but white office-seekers soon began to fear this Col ored balance of power. They wanted their certaintyof amajority of the white vote to guarantee their office ; so the Georgia legisla ture passed a law making it legal to have primaries to nominate candidates for office and also throwing such safeguards about. the management of primaries as aimed to secure lawful practices on these occasions. Here was a perfectly harmless movement, apparently harmless. The next step was made by the Democrat ic party assembled in State Convention when it decided that can didates for state and county officers on the Democratic ticket should be nominated by a primary, but leaving the conduct of the primary to the community in which it might be held, provided this should not run counter to the primary law as passed by the State. Here too, was a perfectly fair and harmless provision, apparently fair and apparently harmless. But the way was then open for the primary to take on a local coloring. In communities where the colored vote was an em barrassment, the Democratic party there decided to have a white- primary. In one of these communities aicolored man that I know went to vote at the primary. He was a "good Negro" a very good Negro, his goodness dating back to the time when the 'Yankees" were about to confiscate his .master's cotton and he- claimed the cotton as his. Even this transaction did not enlarge NEGRO SUFFRAGE IN THE STATES. 53 liis cranium, and after saving his master thousands of dollars and gradually amassing a fortune for himself, he still knew how to approach his former master from the kitchen door. Well. this good Negro went to cast his ballot. The courteous man at the polls said: "George, this is a Democratic primary." "Yes," .said George, "but I am a Democrat." "Well," said the courte ous gentleman, "but George, this is a white primary." This col ored man found himself without a Republican for whom he might vote, and was informed that the Democratic party was a close 'corporation so far as the Colored man was concerned. This is 'quite interesting when I tell you that white Republicans, avowed-. ly Republicans, have not only been permitted but even requested to participate in the primaries of the Democratic and Populist parties. The reason for the elasticity of the primary is quite evident, that is, why Colored people are allowed to take part in the pri mary in one community and not in another, or why they are al lowed at one time to vote 'and at another time in that same com munity are not allowed to vote. The purpose is to have the Col ored voters as a harmless balance of power between the Demo crats and any other party that may show strength, that is, to have the Colored man to settle disputes among white people without becoming obstreperous because of this valuable assistance. There were some communities where the Populists used the Colored voter to defeat Democrats and others where the Democrats used this vote to defeat Populists. Of the State as a whole, it may be said that Populism was defeated by the Colored voters espousing the Democratic side. And be it said to the common sense and good reason of many Democrats that this fact is acknowledged and to an extent appreciated by the party now in power — to the extent at least of staving off any further disfranchisement meas ures thus far. But the most flagrant high-handedness and palpable confession of purpose on the part of white people with reference to our cit izenship rights is to be found in a state legislative enactment that looks to the municipal management of two Georgia towns where the Colored voters are so overwhelmingly in the majority that or dinary subterfuges would not fulfill the requirement. Darien and St. Mary's are two coast towns with a large Colored popu lation. The mayor and aldermen are not elected by the voters in these towns; but, instead, these towns enjoy the unique dis tinction of being managed by officials appointed by the govern or of the State. What is more simple ; what more high-handed ; what more tin-Democratic and subversive of national principles of government than this? 54 OCCASIONAL PAPERS, NO. II. Now let us ask the question : Can the Colored man cast his ballot in Georgia? In the first place, any party of any race may hold a primary. Second, Any man of any party or race may vote in the general election for any candidate he may wish. Let us ask next, whether these ballots will be counted? That depends entirely upon whether the need is to count them or de stroy them ; or furthermore, to count them as ballots for some one for whom they were not cast. The election boards and the management at the polls are not bipartisan and the party in pow er may do what it chooses. We raise the question now whether it is for our best interest economically to exercise the franchise? Do men vote to help their economic interests? Are not taxation and other fiscal pol icies settled by the ballot? May not property be enhanced or lessened in value by voters? Colored people have some real estate and securities, but their practical capital is their labor ; yet they have not the least power, the real power, of influencing legislation in reference to a single labor measure that may arise, although in Georgia nearly half the population is colored and in the laboring class the colored people are in the majority. Now suppose, as white union labor in the South grows stronger, it should influence such legislation as would eliminate colored labor where it came into competition with white labor, the colored laborer would be politically powerless to resist this legislation. Now is this a mere idle dream when we reflect that within the past few months a Texas legislator introduced a bill to confine Colored labor to the farm whenever it was found in city and town communities to be com peting with white labor. Then there is another side that really has its argument, effec tive, though perhaps not very logical. The fact that we are, as a people, laborers and not capitalists, makes us, as any other peo ple similarly placed would be, under obligation to the capitalist who, in our case, are white. The point is made that to enter pol itics against the wishes of this people would raise such antagon ism as to lower our earning power. Hence we are told to keep out of politics until we get a better money basis. Here we stand between two 'difficulties, staying out of politics might jeopard our earning and entering politics might jeopard our earnings. Many honest and thoughtful white and colored men stand on both sides of this question. Now, is it Educationally best for us to vote? This question requires some amplifying. Do we mean what educational value comes from this training in citizenship? If so, then certainly the value is great. There was a time when we knew conditions in NEGRO SUFFRAGE IN THE STATES. 55 our state and town, but so little influence does a Colored man have in politics now that I do not even know the name of the al derman in my ward, although I am a registered voter, have paid my poll tax and voted for President Roosevelt. I know of noth ing more benumbing to us as citizens than this deprivation. Men who are philosophic may consider matters that are not of mater ial concern, but the average person does not load his mind and spend his time with things that, for one reason or another, have no concern for him. Any discussion as to the fitness and hon esty of municipal and state candidates hardly touches me, as I know I cannot lift a finger to promote the interests of any one of them. I have no voice. There is another position from which this question may be viewed and that is whether the advantages from schools would be lessened or increased from participation in politics. It is quite evident that without the ballot any people are suppliant and must beg rather than make a manly demand. But, assuming that the lack of the ballot has become a condition with us, would a demand or threat about our ballot result in a counter threat that if we forced the issue, we should not only be denied our bal lot, but that for our arrogance the appropriation for Colored pub lic schools would be cut down and we should receive only what we paid in as our share of the school tax? This too, is no dream ; but has actually been considered by colored men as a possible rea son for not causing such antagonism as would arise from Colored men endeavoring to enter aggressively into politics again. What now about fears for disfranchisement such as has been compassed by the revised constitutions in many Southern states? Some one may say that there is no difference between constitu tional disfranchisement and that quasi disfranchisement effective for all practical purposes such as we have spoken of as now ob taining in Georgia. There is a tremendous difference. If a wave of civic righteousness should sweep over those states still without constitutional disfranchisement, the primaries would be a very slight embarrassment to those willing to do right by all ra ces alike ; while in the states possessing constitutional disfran chisement, the reactionaries would have such means of stopping fair play and honest elections free for all, that they could easily check the purpose of the fair-minded citizens for a long while. Now, do we really have to fear disfranchisement? I say dis franchisement must at all times be feared and be guarded against as far as it lies within our power in an honorable and manly way to hold it off. Just at the time North Carolina and Maryland seemed most secure to us we found ourselves deprived of our rights ; and it may be safely stated that whenever on a specific oc- 56 OCCASIONAL PAPERS. NO. II. casion the Colored vote exerts the balance of power over any considerable area, there disfranchisement may be feared. We need to fear disfranchisement because it is found ed upon the sprit of injustice and that same spir it fosters it. So palpable is this, that the South bewails the fact. Governor Warfield in speaking about the repeal of the Fifteenth amendment says : "The privilege to vote could then be bestowed without respect to the expedient of unwise constitution al amendments that strain the conscience of our best people and arouse criticism." Yet the repeal of the Fifteenth amendment would not relieve those apostles of disfranchisement of the odium of violating the spirit of truly American democracy and of set ting at naught that mighty decision on human rights that was rendered by the bloody arbitrament of war— Disfranchisement of whatever sort, if designed to embarrass a citizen because of his race, must always "strain the conscience of our best people." Does Georgia show any signs of the disfranchising spirit? We fear it does. The State Legislature now expects some measure of this sort at each session, and in recent years has not been dis appointed, although good sense has thus far triumphed. Then a- gain men in high places, congressmen and at least one of our U. S. Senators from Georgia have begun to say some things that may easily be construed as an advocacy of disfranchisement. It occurs to me that the marked difference between the condition in my boyhood and to-day is this : then the opposition was to Repub licans, to-day it is to Negroes. It is not a party line, but a race line. Now the white primary has not clone all that was claimed for it. In the first place it has not purified elections. Far from do ing away with the purchase and sale of votes, it has, by lowering the supply, relatively increased the demand and brought up the price to a really fancy figure. In the second place it has failed to do that for which it was ostensibly introduced especially to do, namely ; to put into office those men most eminently fitted by abil ity and character to administer the office to which they might be chosen. On the contrary, primary elections have been questioned on the ground of fraud ; and the mayor of one very prominent Georgia city has been arrested for drunkenness. Then why is the primary kept? Well, the "fixers" for instance, can more eas ily fix things. With the Colored man's vote eliminated, the work becomes simplified and even though the amount of money spent illegally may now be more than the total amount in the days when colorcl as well as white were in the market y all stations of society and in all departments of government, his protests fall upon deaf or indifferent ears, and the very sufferings and wrongs which he suffers are frequently made the text for sermonizings on his shortcomings. If the homilies published from the pulpits, in the press, and even sometimes from the high er branches of the government are to be believed, the Negro is the most unsaintly citizen of the republic, in spite of the fact that lie stldom conmits "the robust crimes of the whiles " or has the chance to defraud the government, to wreck financial institutions, or rob widows and orphans. The burden of these outrages lies heavily upon the hearts and minds of the black men of America, yet the remedy, if they could but realize it, lies largely within their power. Throughout the republic, every man identified with the Negro race, though he may not be personally or locally subjected directly to the humilia tions and wrongs which oppress and degrade the great mass of his kind, feels their bitter sting and resents them. In public as semblies, upon the public highways and common carriers, in the drawing room and around the secrecy of the fireside, the fact of injustice is the one inevitable and irrepressible theme of conver sation and reflection ; and the perennial and ever present question in the minds of all, whether of low or high degree, is By what means can the situation be altered? Men of different opinions are endeavoring more or less honestly to answer the question, but one of the surest and quickest means is at the command of the three hundred thousand Negro voters of the north and west, who have it in their power by an intelligent, united, and courageous exercise of their high privilege and right to demand the same re spect and consideration for their interest and well being as any other class of men who register their wills at the ballot-box. Thaddeus Stevens once said that control of republics depends upon numbers and not upon the quality of the citizens. In the last analysis this is true, but in all governments by parties the smaller number is often more important than the larger. The strength of the Negro vote n the North and West in times of par ty crises consists not so much in the number of that vote as in the use which is made of it. In thirty northern and western cities, it can very effectively contribute to the improvement of existing conditions. It is wonderfully powerful, if intelligently directed. in the cities of Boston, Baltimore, Chicago, Cincinnati, Cleveland, Columbus, Philadelphia, Pittsburg and New York. The effectiveness of this vote depends more upon the use which is made of it in local and state elections than in national elections. The bonds which unite the interests of the local, state THE POTENTIALITY OF THE NEGRO VOTE. 65 and national officials and politicians are very real and subtle— the weakest point being always the local politician. His election and success often turns upon less than a score of votes and con sequently he is not inclined to disdain a single viter. His inter ests are inseparably connected with the interests and ambitions of the men who occupy luxurious berths in Congress and in the national or state government. In all matters concerning the in terests of the Negro, the local politician's position can be known and his actions are open to close view. When his acts do not accord or square with the interest of the colored voter, he can be left to find other friends and supporters. In the second place, the effectiveness and potentiality of the Negro vote in the North and West depends upon an absolute and courageous disregard of traditions. There are times when par ty fealty may be both proper and commendable. There is to be sure a great deal of hypocrisy and humbuggery in our political parties, yet back of these they do stand for certain great and vi tal principles. When the latter are put to the test our fealty may properly be demanded, but under normal conditions, when stress and strife of class and selfish interests, invidious discriminations and outrageous injustice prevail, the only safe and prudent course for the individual or class of individuals to pursue is absolute in dependence of parties and uncompromising devotion to the paramount interest. When we cannot act advantageously, we may act punitively, so that the public servant may know that if he ignores or hypocritically juggles with our interests, he will be held to a strict accountability. If on the eve of an election the party or the individual candidate attempts to cajole by a state ment of principles or policy which is ignored after a successful contest, reprisal should be swift and terrible as soon as the op portunity permits. In the third place, the Negro vote of the North and West needs, if it does not at present lack, intelligent, honest, straight forward, and unselfish leadership. Until it has this, its poten tiality will be nil. To impute dishonesty or insincerity to those who from time to time act in the role of leaders of the Negro voters would be un- pardonably reprehensible. Men generally act according to their light and it is not an uncommon observation that the average public man gets his light through the medium of a self-interested reflector. Amid the competitions and conflicts, the struggle for place and temporary power and emoluments which characterize all phases of modern life and especially political life in the United States, the calm, clear-eyed, far-seeing man is rare. Yet men of unusual foresight, of clear perception of the fundamental and vi- 66 OCCASIONAL PAPERS, NO. II. tal issues with the tact and ability to gain an advantage and an uncompromising determination to hold what has been gained — such is the type of men needed to make the Negro vote potent. The leadership which boasts of its capacity to keep silent under terrible wrongs is not calculated to carry the race far on the road towards real and permanent betterment. Redress of political wrongs is not the fruit of grim and sancti monious silence. Whenever it has come, it has been forced by long, continuous and implacable outcry, and Negro leadership must follow the example of men in other lands and in other times who fearlessly cried out against the wrongs which their people suffered. In "The Making of England," John Richard Green states that the Roman conquerors were able to completely subjugate and enslave the Britons because they were able to make terms with their leaders. The finest skill of the dominant element in governments founded upon tyranny has always been employed in making terms with the leaders of the oppressed. Silence has its part in our fight and many times the cause has been lost because of failure to observe it, but it is not silence in respect to wrongs. Neither upon battlefields nor in the mad clash of passions and ambitions that mark the control of states is victory won or success achieved by a boisterous parade of the plan of attack. In the subtle operation of American political methods, silence is the sphinx that baffles the most astute and in sinuating politician. The silent vote is a greater dread to the party leaders than was the sword to Damocles. The Negro ballot has almost lost its potency on account of the unconcerned cocksureness of one political party that the other side will not get the benefit of it. The party managers have no concern about the certainty of the Negro vote and therefore spend all of their effort in trying to satisfy the demands of the other elements and are never able to know whether or not they have succeeded until the vote is counted. They fear the silent vote. It is thoughtful, analytic, decisive. It scans, records, and registers every dodge, retreat, and juggle which the honorable candidate or the party has been guilty of in matters which con cern it. In the exercise of the suffrage, the Negro voter has never been indifferent to the best and noblest interests of the republic. For more than forty years he has voted with the majority of his fel low countrymen on all the great questions which have divided the people. This he has done out of regard more for what men have considered the welfare of the country than for what he has ¦deemed advantageous to himself. There is now a need of a change He must now consider his well-being and safety identical with THE POTENTIALITY OF THE NEGRO VOTE. QJ the well-being and safety of the republic and must require all men who seek his vote to consider it likewise. To-day we are on the eve of a great national festival. The peaceful succession of government is a boon not enjoyed by all the peoples of the world. It is an event which deservedly ap peals to the enthusiasm and civic pride of the nation. From all corners of the state have come delegations of citizens represent ing all classes, who come not only to honor and grace by their presence the event but, I believe, to pay honest and manly tribute to a man who is beloved and trusted by the whole American peo ple. His battles against civic wrongs and in behalf of weaker classes and his policy of "all men up and no men down," not only make him the paragon of public officials, but a lovable and trusted man. Among the throngs that shall honor him and in turn be honored in the escort which will make the Avenue the most splendid pageant which can adorn any modern government, none will march more proudly than the brave and valiant regiment of Hack men who, with him whom they honor, risked all and won glory on the field of San Juan. Yet by the laws of the land and by the policy of the government, their rights and their manhood are not on a parity with those of other citizens who with less de sert shall follow in his train. It is the possibility of such a state of affairs, that the Negro vote of the North and West, yea the great body of all good citizens must exercise itself to prevent. JOHN L. LOVE. 68 OCCASIONAL PAPERS, NOi II. MIGRATION AND DISTRIBUTION OF THE NE GRO POPULATION AS AFFECTING THE ELECTIVE FRANCHISE. Population lies at the basis of all human problems. The first command given by the Creator to the human race was to multi ply and replenish the earth. The growth and expansion of the Negro population in the United States must be the controlling factor in the many complex problems to which his presence gives rise. In order to gain adequate as well as accurate knowledge on this subject, it is necessary to take a comprehensive view of its progress since its transplantation in America. It is well known that the first ship load of African slaves was landed at James town, Va. in 1619. This original handful augmented by frehs im portation and by its own rapid multiplication had swollen to three quarters of a million when the first census was taken in 1790. The following table will reveal the essential facts as to the expan sion of this population. NEGRO POPULATION OF THE UNITED STATES- DECENNIAL IN PER CENT OF PER CENT OF YEAR. NUMBER OF NEGROES CREASE. INCREASE. TOTAL POPU LATION. 1790 757.208 . I9.27 1800 1,002 037 244,829 32 33 I8.l8 l8lO 1,377,808 375.771 37-50 1903 1820 1,771.656 393.848 28.50 18.39 1830 2,328,642 556,986 31-44 I8.IO 1840 2,873,648 545,006 23-44 16.84 1850 3,683.808 765,169 26.63 15-69 i860 4,441,830 803,022 14 13 I4-I3 1870 4,880,009 438.179 9.87 11.68 1880 6,580,793 1,700,784 34 85 13.12 1890 7,47o,o4o 889,247 13 51 H-93 1900 8,840,789 1.370.749 18 35 n-57 There are certain noticeable irregularities in this table, due in part to known disturbing causes, and in part to imperfections in census methods. It is thus seen that the Negro constitutes a rap idly increasing element, though a slowly diminishing minority of the total population. This relative diminution is due wholly to the influx of white immigrants, more than 14,000,000 of whom have come to our shores since i860. If the two races should continue to grow at the same relative rate of increase as during the last decade, according to the law of diminishing ratios, it would re quire more than one hundred years to reduce the Negro to one- MIGRATION AND DISTRIBUTION OF THE NEGRO POPULATION. 69 tenth of the total population. So far as any practical calculation is concerned, we may regard this as an irreducible minimum. So long as the Negro constitutes one-tenth of the entire body of the American people we may expect to have the race problem, both in its general and in its political features. From the foundation of our government the Negro has consti tuted a serious political problem, mainly because of his unequal geographical distribution. If agricultural and economic condi tions had been uniform, and the slaves had been evenly scattered over the whole area, the political phase of the race problem would have been far different from what it is and has been throughout our national life. The fact that the bulk of this race has been congested in one section has constituted the cause of political friction from the foundation of the Constitution till the present hour. This population persists in remaining in that section where it was most thickly planted by the institution of slavery. The center of gravity is still moving slowly towards the gulf of Mexico. Ninety-two per cent of the race is still found in the sixteen states where slavery prevailed at the outbreak of the civil war. The coastal states, from Maryland to Texas, contain three- fourths of the total number. While there has been a steady stream of Negro immigration towards the North and West, yet it has not been sufficient to ma terially affect the mass tendency. It would seem, on first view, that the Negro who complains so bitterly against political restric tions in the South would rush to the freer conditions of the North as a gas from a denser to a rarer medium. But political and civil freedom offered by the North are more than off-set by in dustrial restrictions and by the inertia of a population devoid of the pioneer spirit. The warm blooded, warm hearted child of the tropics is chilled alike by the rigid climate and frigid social ¦atmosphere that prevail in the higher latitudes. In all New England there are fewer Negroes than are to be found in a sin gle county in Tennessee. SECTION. POPULATION. INCREASE, 1890 TO 1900 RATE OF INCREASE. United States GeorgiaMississippiAlabama South Carolina 31 Northern States 8,840,789 1,034,813 907,630827,307782.321759,788 1.370,749 175,998 165,071148,818 93,387 181,876 18.35 20 5 22.2 21.9 13.6 31 5 JO OCCASIONAL PAPERS, NO. II. We learn from this table that there are four states in the union, each of which contains a larger number of Negroes than all the 31 free states combined. While such free states show a much more rapid decennial increase than any of the far south states, still the total increment scarcely exceeds that of the single state of Geor gia. These figures reveal no mad hegira to a fairer and better land. The increase in the Northern states is due almost wholly to immigration from the South. It is entirely probable that the Negro population, left to itself, would not be a self sustaining quantity in the higher latitudes. During the last decade there was an absolute decline of the Negro population in Vermont, North Dakota, South Dakota, Nebraska, New Mexico, Nevada, Oregon and California. The political significance of this Northern movement is out of all proportion to its absolute weight. It is only in the North that the Negro vote has dynamic power. In several of the border states, this vote is at present unhampered, but there is no guaran tee of future security. In Mississippi there are 197,936 Negro males of voting age, but this potential vote does not affect the choice of a single official of that state. The black vote of that commonwealth is as completely nullified as the last two amend ments had never been appended to our national constitution. On the other hand the 5,193 adult Negro males in Mich, are accounted of considerable consequence in the political equation of that state. In the Northern and Western states where men feel free to align themselves according to conviction, the two parties are so nearly even that the Negro vote constitutes the balance of power. Ow ing to unusual political conditions, which cannot be counted on to continue, the last three presidential elections were practically one sided. The Republican party triumphed by a margin that far exceeded the entire Negro Contingent. It is only in several of the border states that this vote could in any way have affected the fate of presidential electors. The Negro vote, however, has been quite effective in state elections, and in the choice of congress men. As the parties gravitate to normal conditions, the Negro vote will again become the balance of power in the controlling states of the North. At the beginning of every campaign each party feels that it has a chance of success. At such times the black vote looms up large and significant. In national affairs the colored vote usually adheres to the party of Lincoln and Sumner. As the margin between the two parties is a shifting and uncertain quantity, the rapid increase of the Negro vote in the Northern States becomes a matter of great political importance. MIGRATION AND DISTRIBUTION OF THE NEGRO POPULATION. Jl NEGRO MALES OF VOTING AGE IN THE NORTHERN STATES. STATE. j 1890. | 1900. Pennsylvania 34,873 5i,668 New York 24,231 31,425 Illinois 18,200 29,762 Ohio 25922 31.235 Indiana I3)o79 18,186 New Jersey 14,564 21,474 Massachusetts 7 967 10,456 Rhode Island 2,261 2,765 Connecticut 3.497 4,576 Kansas 12,543 14,695 Michigan 5.193 These figures tell their own story when we consider the normal relation between the two parties in these several states. It is also interesting to note that the Negroes in the North are found very largely in the cities. This makes this vote of considerable impor tance in municipal elections. There is, however, a tendency on the part of this vote to distribute itself between the two parties in purely municipal and local matters, which to a great degree neu tralizes its special significance. NEGRO VOTERS IN NORTHERN CITIES, 1900. CITY. NEGROES OF VOTING AGE . Philadelphia 20,095 New York 18,651 Chicago 12,424 Pittsburg 6,541 Indianapolis 5>2°° Boston 4,44i Cincinnati 4,997 Detroit i,732 The most effective use that the Negro in the North can make of his political privilege is to uphold civic righteousness in municipal affairs, and to support those men and measures pledged to sup port the integrity of the constitution and its vital amendments. KELLY MILLER. ~J2 OCCASIONAL PAPERS, NO. II. THE NEGRO AND HIS CITIZENSHIP. acts 22:25-29. — And when they had tied him up with the thongs, Paul said unto the centurion that stood by, Is it lawful for you to scourge a man that is a Roman and uncondcmncd? And when the centurion heard it, he zcent to the chief captain and told him, saying. What art thou about to do? for this man is a Roman. And the chief captain came and said unto him. Tell me, art thou a Roman?. Aud he said, Yea. And the chief captain answered, With a great sum obtained I this citizenship. But Paul said, But I am a Roman born. They then that zcere about to examine him straightzcay departed from him : and the chief captain also was afraid zAicn he kuczc that he was a Roman, and because he had bound him. In this passage attention is directed to four things : To the fact that Paul was a Roman citizen ; to the fact that he was about to be treated in a way that was forbidden by his citizenship ; to the fact that he stood up for his rights as a Roman citizen ; and to the fact that those who were about to infringe upon his rights were restrained, were overawed. I. Attention is directed to the fact that Paul was a Roman cit izen. Citizenship was a possession that was very highly es teemed, and that was obtained in several ways, — by birth, by pur chase, as a reward for distinguished military services, and as a favor. Paul's came to him by inheritance; his father before him had been a Roman citizen : how it came to the father we do not know. At one time the price paid for it was very great. The chief captain, in the narrative of which our text is a part, tells us that he obtained his with a great sum; and therefore he seemed surprised to think that a man in Paul's circumstances should have it. At first he seemed a little incredulous, but it was only for a moment. The penalty for falsely claiming to be a Roman citi zen was death ; this fact together with the whole bearing of the apostle finally left no doubt in his mind: he accepted his state ment. It was not only a great honor to be a Roman citizen, but it carried with it many rights and privileges that were not enjoyed by others. These rights were either private or public, — Jus Quiritium. and Jus Civitatis. Among Private Rights, was the Right of Liberty. This secured him against imprisonment with out trial ; exemption from all degrading punishments, such as scourging and crucifixion ; the right of appeal to the emperor after sentence by an inferior magistrate or tribunal, in any part THE NEGRO AND HIS CITIZENSHIP. 73 ¦of the empire ; and also the right to he sent to Rome for trial be fore the emperor, if charged with a capital offence. Among Public Rights belonging to Roman citizens the follow ing may be mentioned : ( i ) The right of being enrolled in the censor's book, called, Jus Census. (2) The right of serving in the army, called, Jus Militiae. At first only citizens of the em pire were permitted to engage in military operations, to bear arms and fight in its behalf. (3) The right to vote in the differ ent assemblies of the people, called, Jus Suffragii. This has al ways been and is to-day one of the most important functions of citizenship, and one that should be highly prized and sacredly guarded. (4) The right of bearing public offices in the state. There were many other rights enjoyed by Roman citizens, but I will not take the time to enumerate them : these are sufficient to show us the value, the importance of Roman citizenship ; and this citizenship the apostle Paul was invested with, with all the rights and privileges which were involved in it. On one occasion he said, "I am a citizen of no mean city," referring to Tarsus, which was one of the free cities of Asia Minor ; but more than that, as Tie tells us here, he was a citizen of the empire. II. Attention is called to the fact that Paul was about to be treated in a way that was forbidden by his citizenship; that was contrary to Roman law. He had gone up to Jerusalem to attend the feast of Pentecost. After meeting the brethren and rehears ing to them the wonderful things which God had wrought through his ministry among the Gentiles, they congratulated him upon his success, but said to him: "Thou seest, brother, how many thousands there are among the Jews of them that have believed ; and they are all zealous for the law : and they have been informed concerning thee, that thou teachest all the Jews who are among the Gentiles to forsake Moses, telling them not to cir cumcise their children neither to walk after the customs. What is it therefore? they will certainly hear that thou art come. Do therefore this that we say to thee : We have four men that have a vow on them ; these take, and purify thyself with them, and be at charges for them, that they may shave their heads : and all shall know that there is no truth in the things whereof they have been informed concerning thee but that thou thyself walkest or derly, keeping the law." It was in compliance with this request, that Paul went into the temple to do as he was asked to do : and while there was seen by certain Jews of Asia, i. e., the province of Asia, who at once stirred up the multitude and laid hands on "him, crying out, "Men of Israel, help : This is the man that teach- eth all men everywhere against the people, and the law, and this place; and moreover he brought Greeks also into the temple and 74 OCCASIONAL PAPERS, NO. II. hath defiled this holy place." It was like touching a match to a powder magazine. The people were aroused. Instantly there was a response to the call ; and dragging the apostle out of the temple they were in the act of beating him to death, when the chief captain, learning of the tumult, rushed down with a squad of soldiers and rescuing him, brought him into the castle. The next day with a view of ascertaining what the trouble was, the real ground of complaint against the apostle, the chief captain- proposed to examine him by scourging, and issued orders to that effect. In obedience to this order the apostle was stripped and ac tually tied up. The process of examination proposed was very se vere. The culprit was stripped and tied in a bending posture to a pillar, or stretched on a frame, and the punishment was inflicted with a scourge made of leathern thongs weighted with sharp pieces of bone or lead, the object being to extort from the suf ferer a confession of his guilt or the information desired. If the chief captain had understood the Hebrew language, and could have followed the address of the apostle which was deliv ered on the steps of the palace, he would have understood what the trouble was, without attempting to resort to this brutal meth od of finding out ; but evidently he did not. Everything indica ted, however, that it was something very serious, judging from their treatment of him, and from the intense excitement which his words produced upon them, and hence, he was all the more anxious to find out. If the apostle was guilty of any offence a- gainst the law, it was the duty of the chief captain to take cogni zance of it, and to punish him accordingly, but if he was innocent, if he had in no way transgressed the law, it was his duty to re lease him. The law also provided how the guilt or innocence of an accused person was to be ascertained ; and it was the duty of the chief captain to have followed the course prescribed by the law : but it is clear from the narrative that he had determined upon another course : the prisoner is ordered to be scourged, in stead of calling upon those who had assaulted him to make their charges, and to substantiate them, and then giving the apostle an opportunity of defending himself. III. Attention is directed in the text to the fact, that the apos tle stood up manfully for his rights. After they had tied him up, as if waiting to see just how far they would go, and just as the process of scourging was about to begin, he challenged their right to proceed : he said to the centurion, who was standing by, and who was there as the representative of the chief captain, to see that the scourging was properly done, and to make note of what he confessed, — he said to this man : "Is it lawful for you to scourge a man that is a Roman, and uncondemned ?" The law THE NEGRO AND HIS CITIZENSHIP. 75 expressly forbade the scourging of Roman citizens ; it was an in dignity to which no Roman citizen was to be subjected. This was what was known as the Porcian law, and took its name from Porcius, the Tribune through whose influence its adoption was secured. And this is the law to which the apostle here appeals, whose protection he invokes. Paul, as a Roman citizen, not only knew what his rights were, but he stood up for his rights. He insists here upon being treated, as he was entitled to be treated, as a citizen of the empire. They are about to scourge him, contrary to law, and he says to them, Stop ; you have no right to treat me in this way, intimating and they evidently understood it, that if they did not desist, they would hear from him ; he would bring the matter to the attention of the emperor. This is not the only place where Paul falls back upon his rights as a Roman citizen. He did the same thing a little later on. He was removed from Jerusalem to Caesarea, as you will remember, where he remained a prisoner for two years. During that time he was frequently placed on trial before various officials, — before Felix, before Festus, before Agrippa. It was during one of these hearings, that Festus the governor, in order to curry favor with the Jews, intimated that he might be sent back to Jerusalem to be tried : and doubtless this was his intention, having entered into a secret arrangement with the enemies of the apostle, who had resolved to kill him at the first opportunity. This they felt that they would have a better chance of doing if they could only induce the governor to return him to Jerusalem. The apostle, of course, knew all this ; he knew how intensely they hated him, and what their plans and purposes were, and he was determined not to be entrapped in this way. The record is : "Paul said in his de fence, 'Neither against the law of the Jews, nor against the tem ple, nor against Caesar have I sinned at all.' But Festus, desir ing to gain favor with the Jews, answered Paul and said, 'Wilt thou go up to Jerusalem, and there be judged of these things be fore me?' But Paul said, T am standing before Caesar's judgment-seat, where I ought to be judged: to the Jews have I done no wrong, as thou also very well knowest. If then I am a wrong doer, and have committed anything worthy of death, I refuse not to die ; but if none of these things is true whereof these accuse me, no man can give me up to them. I appeal unto Cae sar.' Then Festus, when he had conferred with the council, an swered, 'Thou hast appealed unto Caesar, unto Caesar thou shalt go.' One of the great privileges of a Roman citizen was the right of appeal ; the right of being heard directly by the emperor, of taking his case out of the hands of all inferior judicatories, up to the 76 OCCASIONAL PAPERS, NO. II. highest : and this is the right which the apostle here avails himself of. It was the only thing that saved him from being turned over by a corrupt official into the hands of his enemies ; and it forcibly illustrates the importance of citizenship. Had he not been a Ro man citizen clothed with the sacred right of appeal he would have been basely sacrificed to the malice of his enemies ; or, though he had been a Roman citizen, if he had cowardly surrendered his right, if he had failed to exercise it, he would have equally per ished ; but the apostle stood upon his right, and so succeeded in thwarting the purposes of his enemies. IV. Attention is directed in the text to the fact, that those who were about to scourge this man, were restrained by the knowledge of the fact that he was a Roman citizen. The moment they be came aware of this fact ; at the mere mention of that sacred name, citizen, everything came to a stand still; the uplifted hand, ready to smite, is arrested, and we find the centurion running off, in great excitement in search of the chief captain, and saying to him, "What are you about? Do you know that this man is a Ro man :" and we see the chief captain coming in great haste and say ing to the apostle, "What? can it be possible! Are you really a Roman?" "Yes," said the apostle, "I am; and my father before me was." The chief captain is astonished ; yea, more, fear takes hold of him ; he becomes suddenly alarmed. There are two things in this incident that are worthy of note : first, this indignity that was offered to the apostle was through ignorance. It was not known that he was a Roman citizen. The law was violated, but it was not purposely done. It was not the intention of the chief captain to ignore the rights involved in cit izenship ; for he himself was a Roman citizen, and was interested in maintaining those rights. And, second, to trample upon the rights of a Roman citizen was a very grave offense, a very serious matter; and it became a serious matter because, back of this cit izenship was the whole power of the empire. These rights were ¦carefully guarded, were rigidly enforced, so that the term, Roman citizen, was everywhere respected. No one could infringe those Tights with impunity: hence you will notice what is said here, "The chief captain was afraid when he knew that he was a Ro man because he had bound him." He recognized at once the gravity of the offense. That was old pagan Rome; but under its rule citizenship meant something ; it was a sacred thing ; back of it stood the strong arm of the Government to give efficacy, power to it. This man was afraid when he realized what he had done ; and that is the feeling which outraged citizenship ought everywhere to inspire. It .ought to mean something ; and there ought to be power somewhere to enforce its meaning. THE NEGRO AND HIS CITIZENSHIP. "JJ But it is not of Roman citizenship that I desire to speak at this time, but rather of American citizenship, and of that citizenship as it pertains to ourselves. In the providence of God we are cit izens of this great Republic. The Fourteenth Amendment to the Constitution declares : "All persons born or naturalized in the U- nited States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." Un der this provision of the Constitution we are all citizens ; and we have earned the right to be citizens. We have lived here as long as any other class in the Republic ; we have worked as hard as any other class to develop the country ; and we have fought as bravelv as anv other class in the defense of the Republic. If length of residence, if unstinted toil, if great sacrifices of blood, if the laying of one's self on the country's altar in the hour of per il, of danger, give any claim to ciizenship, then our claim is be- vond dispute ; for all these things are true of us. We are citizens of this great Republic: and citizenship is a sa cred thing : I hope we realize it. It is a thing to be prized ; to be highly esteemed. It has come to us after 250 years of slavery, of unrequited toil ; it has come to us after a sanguinary conflict, in which billions of treasure and rivers of blood were poured out ; it has come to us as a boon from the nation at a time when it had reached its loftiest moral development ; when its moral sense was quickened as it had never been before, and when it stood as it had never stood before upon the great principles enunciated in the Declaration of Independence, not as glittering generalities, but as great realities : it was at that sublime period in our history, when the national conscience was at work; when the men who were in charge of affairs were men who stood for righteousness ; when the great issues before the country were moral issues, issues involving human rights— that the nation saw fit to abolish slavery and to decree the citizenship of all men, black and white alike When we think of what this citizenship has cost, m blood and treasure- of the noble men through whose influence it was brought about ; and of the fact that it came to us from the Na tion when it was at its best, when it was living up to its highest light, and to its noblest conceptions of right and duty— we ought to prize it, to set a high value upon it. . \nd we ought to show our appreciation of it : (1). by being crood citizens ; by doing everything in our power to develop our selves along right lines, intellectually, morally, spiritually, and ?lso materially : and to do everything in our power to promote the General good; everything that will help to make for municipal, state, and national righteousness. We are to remember that we are part of a great whole, and that the whole will be affected by 78 OCCASIONAL PAPERS, NO. II. our conduct, either for good or bad. If we live right, if we fear God and keep his commandments, and train our children to do the same, we ennoble our citizenship; we become a part of the great conservative force of society, a positive blessing to the commun ity, the state, the nation. It is especially important for us, in view of the strong prejudice against us, the disposition to view us with a critical eye, to hold up and magnify our short-comings, that we be particularly concerned to be constantly manifesting, evidencing our good citizenship by allying ourselves only with the things that are true, and just, and pure, and lovely, and of good report. We ought not to lose sight of the fact that the strongest fight that is being made against us to-day is by those who are doing most to discredit us, to array public sentiment a- gainst us, — those who are parading our short-comings and imper fections, who are giving the greatest publicity, the widest circula • tion to them. There are persons in this country, who are determined, and who never lose an opportunity to blacken our good name. Dr. DuBois, in that splendid document of his, "Cre do," said among other things, "I believe in the Devil and his an gels, who wantonly work to narrow the opportunity of struggling human beings, especially if they be black; who spit in the faces of the fallen, strike them that cannot strike again, believe the worst and work to prove it, hating the image which their Maker stamped on a brother's soul." And this is one of the conditions that confront us in this country, and that we must not lose sight of. The fact that there is this determination on the part of our ene mies to prove that we are utterly unworthy of this great boon of citizenship, should have the effect of creating within us a counter determination to show that we are worthy, — to do our level best in every sphere of life. Now I do not mean by this to say that we are not proving ourselves to be good citizens ; for we are : a great many of us are ; but I have called attention to it because I feel that it ought to be emphasized ; that we need to feel more keenly and more widely than is felt, the meaning of this great boon and the demand which it makes upon us. It is a challenge to every man to live a straightforward, upright, worthy life. And what is needed is, not only that we, who have had exception al opportunities, should feel this way, but that the great mass of our people should be educated to feel the same, to be animated by the same spirit. And zve are to be their educators ; it is through us that this spirit is to descend upon them, and take possession of them. If this citizenship means anything, it means that we should be concerned about everything which makes for law for order, for good government, for individual, municipal, state, and national purity and righteousness ; it means that each one of THE NEGRO AND HIS CITIZENSHIP. 79 lis ought to be a living example of the best type of what a citizen ought to be. But this is not all : if we value our citizenship we will not only seek to make the most of ourselves, to live on the highest plane but we will also stand up manfully for our rights under that citi zenship. I have no patience with those who preach civil and po litical self-effacement. I never have believed in that pernicious doctrine, and never will. When you have effaced a man, civilly and politically, in a government like our own, what is he? What does he amount to? Who cares for him? What rights has he which any other class is bound to respect ? He is a mere nonenti ty, entitled to no consideration, and with no refuge to which he can fly in the hour of his need. To be civilly and politically ef faced is to be civilly and politically dead; and to be civilly and politically dead is to be at the mercy of any and every political party or organization, and to be under the iron heel of the worst elements in the community without any means of redress. We are citizens of this Republic : and I want to direct attention to this fact for a moment ; and I am glad of the opportunity ot doing it at this time, when we are in the midst of celebrating the inauguration of our President. I thank God for the man at the White House ; for his courage ; for his high sense of righteous ness ; for the many splendid things which he has said ; and for the noble stand which he has taken on human rights ; on equality of opportunity ; on the open door for every man in the Republic ir respective of race or color. I rejoice in the fact that we have such a President. I commend him heartily for what he has done. I hope he will do more ; I hope there are yet larger things in store for this race through him. But whether he does more or not ; or whatever may be his future policy, or the future policy of the leaders of either of the great political parties, or the rank and file of those parties, it cannot, it will not affect in the least, our atti tude in regard to our rights under the Constitution. We are cit izens, clothed with citizenship rights ; and, thereTs no thought or intention on our part of ever surrendering a single one of them. Whatever others may think of it, or desire in regard to it, we do not propose to retreat a single inch, to give up for one moment the struggle. I say, we and in this, I believe I speak for those who represent the sentiment that is taking more and more firmly hold of the heart of this race. I belong to what may be ca'led the radical wing of the race, on the race question: I do not be lieve in compromises ; in surrendering, or acquiescing, even tem porarily, in the deprivation of a single right, out of deference to an unrighteous public sentiment. I believe with Lowell, 80 OCCASIONAL PAPERS, NO. II. "They enslave their children's children, Who make compromise with sin." And this, I believe at heart, is the sentiment of the race ; at least,. it is the sentiment of some of us. There is where we have taken our stand and there is where we propose to stand; to the end. What belongs to us as citizens we want; and we are not going to be satisfied with anything less. We are in this country, and we are here to stay. There is no prospect of our ever leaving it. This is our home, as it has been the home of our ancestors for generations, and will be the home of our chil dren, and of our children's children, for all time. It is of the- greatest importance to us, therefore, that our status in it, as it is permanently fixed, should be, not that of a proscribed class, but that of full citizenship with every right, civil and political, accord ed to us that is accorded to other citizens of the Republic. This is the thing that we are to insist upon ; this is the evil against which. we are to guard. What our enemies are seeking to effect is to make this a white man's government ; to fix permanently our status in it, as one of civil and political inferiority. The issue is sharply drawn ; and it is for us to say whether we will be thus reduced, whether such shall be our permanent status or not. One thing we may be as sured of : such will surely be our fate unless we clearly compre hend the issue, and set ourselves earnestly to work to counteract the movement, by resisting in every legitimate way its consumma tion, and by using our influence to create a counter public senti ment. What are some of these citizenship rights for which we should earnestly contend ? (i) The right to life, liberty, and the pursuit of happiness. In one section of this country, at least , and the area is growing, and is fast including others, the life of a Ne gro isn't worth as much as that of a dog. He may be shot down, murdered, strung up to a tree, burnt to death, by any white ruf fian, or band of lawbreakers and murderers with impunity. The color of his skin gives any white man liberty to maltreat him, to trample upon him. He has no rights which white men are bound to respect. If he goes to law, there is no redress ; his appeals a- vail nothing with judge and jury. That is a condition of things that we ought not to rest satisfied under. As long as the life of a black man is not just as sacred as that of a white man, in every section of the Republic ; as long as wrongs perpetrated upon him are treated with greater leniency than wrongs perpetrated upon white men, his status is not the same as that of the white man ; and as long as it is not the same an injustice is done him, which THE NEGRO AND HIS CITIZENSHIP. 8l he ought to resist; against which he ought to protest, and con tinue to protest. (2) Another citizenship right is that of receiving equal accommodations on all common carriers and in all hos- telries ; on railroads, steamboats, in hotels, restaurants, and in all public places. When we travel, whatever we are able to pay for we are entitled to, just as other citizens are. To-day this is largely denied us. The hotels are not open to us ; the restaurants are not open to us, even the little ten cent lunch counters, in this the capital city of the nation, are not open to us : we are shut out from all such places, and shut out because of the color of our skin. If we attempt to travel, and turn our faces southward, we must ride in Jim Crow cars ; we must be segregated, shut up in a little compartment by ourselves. The privilege which we once enjoyed without stint of taking a sleeper or Pullman car, even that now is being taken from us. One state has even gone so far as to make it unlawful to sell a ticket to a person of color on a sleeper. That is the state of Georgia ; a State that has in it At lanta University, and Clark University, and the Atlanta Baptist College, and Spelman Seminary, and the Gammon Theological Seminary, and Haines Institute, and many other schools of learn ing ; a State that has within its borders some of the very best type of Negroes in this country. The meaning of all this, don't let us misunderstand : it is a part of the general policy, which is being vigorously pushed by our enemies, to fix our status as one of in feriority, by shutting us out from certain privileges. The whole thing is wrong. Such invidious distinctions ought not to be permitted in a republic. It is inconsistent with citizenship. Ev erything ought to be open to all citizens alike: — railroad cars, hotels, restaurants, steamboats, the schools and colleges of the land : our public schools ought to be open to all the children alike. There ought not be separate schools for the whites, and separate schools for blacks : all the children of the Republic ought to be educated together ; and sooner or later it is bound to come to that. Some one has said, "It isn't so much the Jim Crow car, as it is the Jim Crow Negro in the car." The fallacy of this statement, and its attempted mitigation or justification of the Jim Crow car, lies in the fact that the Jim Crow car has nothing whatever to do with the Jim Crow Negro. It was not instituted for him, but for all Negroes, whether Jim Crow or not : in fact, it was designed, par ticularly, not for the Jim Crow Negro, but for the intelligent, progressive, self-respecting Negro. If there are Jim Crow Ne groes among us we owe them a duty ; we ought to seek to im prove them, to lift them to higher levels ; but while we are do ing this don't let us forget that there is a Jim Crow car, and 82 OCCASIONAL PAPERS, NO. II. what it stands for. It stands for a hostile public sentiment ; it is a part of a concerted plan which seeks to degrade us, to rob us of our rights, to deprive us of privileges enjoyed by other citizens, because of the color of our skin. If there were no Jim Crow Ne groes, we would have the Jim Crow car all the same. We should fight the Jim Crow cars, therefore, not only because of the personal discomfort to which we are subjected in travelling, but also because of the general system of which it is a part, — a sys tem which seeks to establish a double citizenship in the Repub lic, based upon race and color ; the one superior to the other., and carrying with it privileges which are denied to the other. (3) Another citizenship right is that of serving in the Army and Navy ; the right to take up arms and to fight in behalf of the country. This is our right, and we have exercised it, and are still exercising it. We have fought in all the wars of the Repub lic ; and are represented to-day in both Army and Navy. We have made a glorious record for ourselves in this respect. There is no better soldier in the Army of the Republic, than the black soldier. This right has not been denied us, but let us, neverthe less, keep our eyes on it. There are some things even here that need to be looked into. It has been many years since we have have had a representative in the great Naval or Military school of the country ; and there have been some rumors about limiting the aspirations of Negroes in the Army, of not permitting them to advance beyond a certain point. If there is such a thought or intention on the part of those in authority, it must be resisted. The Negro must be free — in the Army, in the Navy, — in every part of the Army and Navy,~as other citizens are free ; to advance according to his merit. His color must not be allowed to operate against him. (4) Another citizen right is that of suffrage, the right of the ballot ; the right to have part in the government ; to say who shall make the laws and who shall execute them; and what the laws shall be; the right to have an opinion, and to have that opinion counted in determining what shall be and what shall not be. This is one of the greatest of rights. In a republic citizenship means very little without it. It is this which marks the difference between a representative government, a government of the people, by the people, and for the people, and a despotism, an absolute monarchy. The glory of the age in which we live is the triumph of democra cy; and what is the triumph of democracy but the right of the people to say who shall rule ; and how is the will of the people ex pressed ? Through the ballot ; at the polls. The ballot therefore is the symbol of the sovereignty of the people. If we are to be sovereign citizens of the Republic therefore, this right to vote THE NEGRO AND HIS CITIZENSHIP. 83 must be preserved. The old despotic idea of government was, that some people were born to rule, and that others were born to be ruled ; and the idea that exists in the minds of some people in this country, in democratic America, in face of the affirmation of the Declaration of Independence, that all men are born free and equal, is that in this country, there are some people who are born to rule, and others who are born to be ruled ; and that the people who are born to rule are the whites, and those who are born to be ruled are the blacks : hence the effort that is being made to divest us of this symbol of sovereignty, — the ballot. Let us not be deceived ; let us give no heed to any teaching, never mind from what source it may come, which seeks to minimize the importance of the bal lot. What difference does it make whether we vote or not? I have heard some weak-kneed, time-serving representatives of our own race say ; and the thought has been caught up by the men in the south who have been seeking to rob us of our rights, and by those in the North who have been playing into their hands ; and they have said, Yes, What difference does it make ? Are you not just as well off without it? What difference does it make? It makes all the difference in the world : the difference between a sovereign citizen of the Republic, and one who has been stripped of his sovereignty; between one who has a say in what is going on, and one who has not ; between one who is ruled with his con sent, and one who is ruled without it. If we are just as well off without the ballot, how is it that the white man is not just as well off without it? And if he is unwilling to give it up, why should he ask us to give it up ? Why should we give it up ? If he needs it in order to protect himself, much more do we, for we are weak er than he is, and need all the more the power which comes from the ballot. (5) Another citizenship right is, that of holding office, the right to be voted for, and of being appointed to positions of honor and trust by the executive power. This is also a right that be longs to us, and that we must contend for. It is one of our rights that is now being especially contested in the South The Ne gro must not be appointed to any office, is the demand of Southern white sentiment. I am glad that the President has not yielded wholly to that sentiment. The fight which he made in the Crum case was a notable one, and clearly indicated that he was not wil ling to shut that door > of opportunity to the Negro; that he was not willing to takethe position thata man was to be debarred from oublic office simply because of the color of his skin. That was the right position for him to take, and the only one that was con sistent with his oath of office, and his position as President of all the people I hope that he will continue to act upon that pnnci- 84 OCCASIONAL PAPERS, NO. II. pie ; and that he will do more than he has done. There is room for improvement in this direction. A few more appointments of colored men in the North, as well as in the South, would be a good thing. It ought to be done. The right of colored men to receive appointments ought to be clearly and distinctly emphasized by multiplying those appointments. There is nothing like an ob ject lesson in impressing the truth. I hope that the President will give us many such object lessons during the next four years. The right to life, liberty and the pursuit of happiness ; the right to receive equal accommodation on railroads, steamboats, in ho tels, restaurants, and in all public places of amusement ; the right to be represented in the Army and Navy ; the right to vote ; the right to hold office : these are some of our citizenship rights, for which we should earnestly contend. Sometimes, we are told, that it would be better to say less about our rights, and more about our duties. No one feels more the importance of emphasizing our duties than I do, — I think I have done about as much of it as any body, — but among the duties that I have always emphasized, and still emphasize, is the duty of standing up squarely and uncom promisingly for our rights. When we are contending for the truth ; when we are resisting the encroachments of those who are seeking to despoil us of our birth-right as citizens ; when we are keeping up the agitation for equal civil and political privileges in this country, are we not in the line of duty ? If not, where is the line? Duties? Yes. Let us have our duties preached to us, — line upon line, and precept upon precept, here a little and there a little ; but at the same time don't let us forget that we have also rights under the Constitution, and to see to it that we stand up for them ; that we resist to the very last ditch those who would rob us of them. And in doing this, let us remember that we are called to it by the stern voice of Duty, which is the voice of God ; and that we need not apologize for our action. And now in conclusion but a word more and then I am done. The fight before us is a long one. You will not live, nor will I live to see the triumph of the principles for which we are con tending; let us not become discouraged however. Things look pretty dark at times, but it isn't all dark. Now and then there are gleams of light, which indicate the coming of a better day. There are forces working for us, as well as against us ; and with what we can do for ourselves, we need not despair. "Mine eyes have seen the glory of the coming of the Lord; He is tramping out the vintage where the grapes of wrath are stored ! He has loosed the fateful lightning of his terrible THE NEGRO AND HIS CITIZENSHIP. 85 swift sword; His truth is marching on. He has sounded forth the trumpet that shall never call retreat; He is sifting out the hearts of men before his judgment seat; O, be swift , my soul, to answer him ! be jubilant, my feet! While God is marching on." Let us take courage ; let us gird up our loins ; let us stand at our post ; let us be true to duty ; let us hold ourselves to the high est ; let us have nothing to do with the unfruitful works of dark ness ; let us be temperate, industrious, thrifty ; let us do with our might what our hands find to do ; let us trust in God, and do the right : and then, whether the struggle be long or short, there can be no doubt as to the final issue. We shall come out victorious ; we shall be accorded every right belonging to us under the Con stitution, and every avenue of opportunity will be opened tous, as to other citizens of the Republic. The future is largely in our own hands. If we allow ourselves to be permanently despoiled of our rights ; to be reduced to a position of civil and political in feriority, the fault will be, not "in our stars," as Shakespeare has expressed it, "but in ourselves." Others can help us ; others will help us, as they have already done ; but the final outcome will de pend mainly upon what we do for ourselves, and with ourselves. If we are to grow in the elements that make for a strong, intelli gent, virtuous manhood and womanhood, we have got to see to it, to be concerned about it; to be more deeply concerned about it than anybody else. And so, if the agitation for equality of rights and opportunities in this country is to be kept up, and it ought to be kept up, we are the ones to see to it. As long as there are wrongs to be redressed, from which we are suffering, we ought not to be silent, ought not for our sake as well as for the sake of the nation at large. Whatever can be done to develop ourselves ; whatever can be done to create a healthy and righteous public sentiment in our behalf; whatever can be done to check the en croachments of our enemies upon our rights, we must do it, whether others do or not. May God help us all to realize this, and to address ourselves earnestly to the work that lies before us. "Be strong! We are not here to play, to dream, to drift. We have hard work to do, and loads to lift. Shun not the struggle; face it. 'Tis God's gift." FRANCIS J. GRIMKE. THE AMERICAN NEGRO ACADEMY ORGANIZED MARCH 5TH, 1897. REV. ALEXANDER CRUMMELL, founder. OBJECTS: The Promotion of Literature, Science and Art, The Culture of'a Form of Intellectual Taste', . The. Fostering of Higher Education, The Publication of Scholarly Works, The Defense of the Negro Against Vicious Assaults. PRESIDENT, ARCHIBALD H. GRIMKE, VICE-PRESIDENTS; Kelly Miller, W. H. Crogman, Rev. J. Albert Johnsoii, Rev. Matthew Anderson, TREASURER, REV. F. J. GRIMKE. RECORDING SECRETARY, G. N. Grisham, . ; CORRESPONDING SECRETARY, John W. Cromwell, 1439 Pierce Place, Washington, D. C. executive committee. kelly Filler, george m. lightfoot, c. c cook, *walter b. hayson, john l. love. REV. F. J. GRIMKE, ax-OFPicio, J. W.CROMWELL, ex-officio . -^Deceased. 3 ! I III I I i I! I II I I w 3 9002 00703 4656 ^