Chapter 1

Produced by Suzanne Shell, Stephanie Eason, and the Online Distributed Proofreading Team at https://www.pgdp.net.

OCCASIONAL PAPERS No. 6.

The American Negro Academy.

Rev. ALEXANDER CRUMMELL, Founder.

The Disfranchisement of the Negro.

By JOHN L. LOVE.

Price 15 cents.

WASHINGTON, D. C. Published by the Academy, 1899.

The Disfranchisement of the Negro.

"A Constitution formed so as to enable a party to overrule its very government, and to overpower the people too, answers the purpose neither of government nor of freedom"--Edmund Burke.

The assault, under the forms of law, which is being made upon the political rights of the Negro is the symptom of an animus which has its roots imbedded in the past. It does not mark a revival, but rather the supreme desperate effort of the spirit of tyranny to compass the political subjection and consequent social degradation of the black man. Its provocation does not consist in any abnormal or perilous condition in southern communities arising from a numerical preponderance of Negroes. It is not made to meet a merely temporary emergency with the intent to return to the principles of republican government upon the advent of intelligence and wealth to the Negro. Indeed, the very intent and purpose of the assault is to prevent such an advent, in so far as human ingenuity and tyrannical violence can do so.

It can not find its justification in a necessity of averting by radical measures any imagined perils to social order which might arise from the political domination of ignorance; for the spirit which prompts the assault has ever fostered ignorance and endeavored to perpetuate it. In fact, the assault is so iniquitous in its conception and is being executed with such wicked and violent disregard of political morals and human rights, as by comparison to render almost beneficent the realization of the perils which the imagination of the assailants pretends to fancy.

There may be those who see in this assault nothing more than a supreme effort of a benign civilization to save itself from utter ruin. It is, however, to be borne in mind that the apostles of this civilization which is of a peculiarly local type, have ever asserted that its maintenance and future glory are inseparably connected with the subjection of the Negro. Always they have spoken the language of tyranny, which, in spite of its embellishments and jugglings, amounts to this: the social well-being and political privileges of the Negro are inconsistent with the economic interests and political ambitions of a few southern white men. Into this language all of the feigned social perils and political nightmares of southern planters and politicians easily resolve themselves.

There may be those who indulge the hope that the final triumph of this assault will have a salutary effect upon the social status of the Negro. Their hope is due in no small measure to their ignorance of the history of the character, spirit, and dominant purpose of the assailants. That history furnishes the best key to an understanding of the present assault upon the political rights of the Negro.

Forty years ago the slave power plunged this nation into war for the avowed purpose of perpetuating Negro slavery. Alexander Stevens, on his return from the convention which had erected the Southern Confederacy, addressing a large assembly at Savannah, uttered the following significant words:

"The new Constitution has put at rest forever all the agitating questions relating to our peculiar institution--African slavery as it exists among us--_the proper_ status of the Negro in our form of civilization. This was the immediate cause of the late rupture and the present revolution."

Referring to the ideas of Thomas Jefferson and the leading statesmen at the time of the formation of the Federal Constitution, that Negro Slavery was in violation of the laws of Nature, wrong in "principle, socially, morally and politically," he continued thus:

"Those ideas were fundamentally wrong. They rested upon the assumption of the equality of races. Our constitution (the Confederate Constitution,) is founded upon exactly the opposite ideas. Its foundations are laid, its corner stone rests upon the great truth that the Negro is not equal to the white man; that slavery, subordination to the superior race, is his natural and normal condition."[1]

It has become the rule to frown upon any and all references to the circumstances and causes that produced the Civil War. This is true especially of the men and women who upheld the cause of the Union as against Secession. Naturally magnanimous, they have been at great pains to avoid in their public utterances any references to the "late unpleasantness" which might in any way wound the sensibilities of the excessively sensitive South. Certainly, nothing can be more sincerely desired than the utter eradication of the passions and animosities that were evoked by armed conflict. But to ignore the fundamental cause and motive which led the South to precipitate the war, with a view to seeming not to be influenced by sectional prejudices is pushing magnanimity to the verge of vapid sentimentality--a folly in which the South, in so far as its attitude toward the Negro is concerned, has in no sense shared.

The doctrine of "the proper status of the Negro," is as consistently maintained by the South in eighteen hundred and ninety-nine as in eighteen hundred and sixty, when it was made the shibboleth of the Slavery Party and the tocsin of war; and there can be no proper consideration of our present Negro Problem without regard to this historical doctrine.

The Southern Confederacy is now a political myth. In its attempt to make Negro Slavery its corner stone, it carved the gravestones of more than a million men. Upon the proclamation of peace and universal freedom, the nation's joy was without bounds. In the intense enthusiasm of the moment over the "new birth of freedom," and the overthrow of the slave power, the doctrine of the "proper status of the Negro" seemed to be eternally repudiated and the agitations relating to it seemed indeed "forever settled." But in the throes of its joy, there suddenly dawned upon the nation the fact that the problems pertaining to the Negro had, because of freedom, become more stupendous than even the question of slavery had been. Henceforth the Negro Problem was to test severely the integrity of republican principles.

This was the critical period of the history of the Negro in America. Within almost the twinkling of an eye, by an exigency of one of the world's greatest wars, his status had been suddenly changed. The slave became a free man by the dispensation of Providence and against the will of his master.

A free man, yet penniless and homeless. A man of toil, but one whose own and whose ancestral toil had created a material and social grandeur which now mocked at his poverty and arrogantly denied him a share in its blessings. A free man, but ignorant, the greatest curse imposed by his former status which had contributed to the enlightenment of others. A freeman, but helpless in the face of an impending persecution. He, whose labor had contributed to the comfort and social happiness of others,--who, while they were testing on scores of battle fields their power to rob him of his freedom, was caring for and protecting their wives and daughters and furnishing the sinews of the unholy war--was now at the mercy of those who had gone forth to battle with the cry that, "slavery, subordination to the superior race, is his natural and normal condition."

The Thirteenth Amendment became the law of the land through the travail of war. But the war had sapped the Nation's strength, had cost nearly a million lives and created a debt of three billions. Weary of strife and vexation, the nation was fain to leave the settlement of the problems, to which the new status of the Negro had given rise, to those among whom he was to live, i.e., to his former masters.

This was indeed a critical period in the history of the Negro race in the United States and the lessons of this period are exceedingly important in the light of the present attack upon the political rights of the black man.

In recent discussions of the merits and wisdom of Negro suffrage, this period is as a rule strangely overlooked. The assertion so commonly made, that the conferring of the right to vote upon the Negro was a colossal blunder, evinces the extent to which this period has been ignored by those who make it, or else their remarkable ignorance of the history of Negro suffrage. Political prejudices and the blind zeal and opportunism of those who have discovered some "sure cure," for the Negro's ills have aided much in the work of discrediting Negro suffrage. Some have ignored the facts to such an extent as to assert that Negro suffrage was the result of vindictiveness on the part of the Northerners, who wished both to humiliate the South and to perpetuate the power of the Republican Party. The trouble with this assertion is that it imputes too much to Northern sagacity. What the nation, through the agency of the Republican party, did was to enact the Thirteenth Amendment and thus to make President Lincoln's conditional proclamation of freedom an unconditioned part of the organic law. The extent of its revenge was to insist upon the incorporation of this principle of freedom into the old Slave Constitutions of the South. This was the terms of surrender and having accepted this, the South was left alone (the boon it has always craved) with full power to deal with the Negro as tenderly as it saw fit. The Negro was left a "sojourner on sufferance" in the great republic which he had assisted in saving, and to the sweet charity of those who had sought to destroy it for the purpose of binding him with unbreakable chains.

By the acceptance of the terms imposed, the rebellious states placed themselves in a position of great responsibility and great opportunity. The responsibility of the old South, the South of slavery and rebellion, was to properly adjust itself to the new conditions of freedom and inseparable union, its opportunity was to prove to the nation the claim it so often and so boastfully makes that it is the Negro's best friend and is disposed to treat him fairly.

Did the South rise to its opportunity? Did it treat liberally and kindly those freedmen who as slaves had created its material wealth and many of whom as soldiers had with the irony of fate helped to keep it from separating from the Union of which it is now proud of being an integral part? Did it hold out to them the promise of gradual citizenship, and, in order that this citizenship should be intelligent, establish schools for their education? Was it jealous or in any way solicitous about the economic and industrial freedom of these people? In its bearing upon the present disfranchising enactments of the South, the answer to these questions is important.

Unaccustomed to free schools, trained to despise and punish the intellectual aspirations of the slave, these recently rebellious states not only refused to educate the freedmen, but actually burned many schools that were built by men and women of the North, who in obedience to genuine Christian charity followed in the wake of the armies of freedom. Then as now, it proceeded to fix the Negro's status by hostile legislation in the shape of Black codes. These laws reveal the deliberate purpose of the South to reduce the freedmen to a state of serfdom more bitter and degrading than slavery had been, and violated the most sacred of the inherent rights of human nature.

The civilized state of Alabama, which is now preparing to disfranchise the Negro, declared that "stubborn and refractory servants, and servants who loiter away their time," were to be treated as vagrants, fined fifty dollars and "in default of payment might be hired out at public auction for a period of six months."[2] Thus the Thirteenth Amendment did not destroy the auction block.

Florida declared that "it shall not be lawful for any Negro or person of color to own, use, or keep any bowie knife, dirk, sword or fire arms or ammunition of any kind" without license, to be granted only upon the recommendation of two "respectable" white men. For violating this law the Negro was to stand in the pillory for one hour and then be whipped with thirty-nine lashes on the bare back.[3] South Carolina, always bold to reveal its purpose, declared that "no person of color shall pursue the practice, art, trade or business of an artisan, mechanic, shopkeeper or any other employment besides that of husbandry or that of a servant under contract for labor"[4] without a license, which was good for one year only; and she supplemented this with the following:

"That a person of color, who is in the employment of a master engaged in husbandry, shall not have the license to sell any corn, rice, peas, wheat or other grain, any flour, cotton, fodder, hay, bacon, fresh meat of any kind or any other product of a farm, without written permission of such master."[5]

Louisiana, which has recently outlawed the Negro by Constitutional enactment, declared:

"Every adult freedman or woman shall furnish themselves with a comfortable home and visible means of support _within twenty days_ after the passage of this act!"[6]

Failing to do so, such persons were to be hired out at public auction for the rest of the year.

Let it be borne in mind that these laws were not enactments of a distant and forgotten past. They were the deliberate enactments of that period for the purpose of nullifying the Thirteenth Amendment.

Of this period Mr. Justice Miller in rendering the decision in the Slaughter House Cases said:

"The process of restoring to their proper relations with the Federal Government and with the other states those which had sided with the rebellion, undertaken under the proclamation of President Johnson in 1865, and before the assembling of Congress, developed the fact that, notwithstanding the formal recognition by those states of the abolition of slavery, the condition of the slave race would, without further protection of the Federal Government, be almost as bad as it was before. Among the first acts of legislation adopted by several of the states in the legislative bodies which claimed to be in their normal relations with the Federal Government, were laws which imposed upon the colored race onerous disabilities and burdens, and curtailed their rights in the pursuit of life, liberty, and property to such an extent that their freedom was of little value, while they had lost their protection which they had received from their former owners from motives both of interest and humanity."[7]

This is what happened to the Negro when the South was left alone to deal with him and when he was voteless.

James G. Blaine truly said that:

"Without the right of citizenship his freedom could be maintained only in name, and without the elective franchise his citizenship would have no legitimate and no authoritative protection."

Fortunately for the Negro and for the continuance of free institutions in the South, the nation slowly perceived this truth, but not until a long and bitter struggle had been carried on by the friends of freedom for manhood suffrage and human rights. These infamous, repressive and enslaving laws finally aroused the nation's sense of justice and brought it to the realization of the undeniable truth that in a free government "the strong keen sword by which a freeman can protect all other rights and give value to all other privileges is the elective franchise."

Yet in the full consciousness of this truth, attested beyond cavil by the inhuman subjection of the Negro to the arrogant and oppressive will of those who held peculiar notions about his "proper status," the Federal Government hesitated to go the full length of its duty. It stopped midway. The war seemed not to have convinced it of the futility and fatality of compromising with the South. The Fourteenth Amendment was adopted. The Negro was thereby given the right which his Southern guardians proudly refused him--the right of citizenship--but not the right which is alone the guarantee of the privileges of citizenship--the right to a voice in the government of which he was declared a citizen. The power of conferring suffrage limited or universal, was left as the special privilege of the South. But the South proceeded to nullify the Fourteenth Amendment as it had nullified the Thirteenth and sent her captains of rebellion to make the nation's laws.

Impelled by the motive of self preservation, by the sheer necessity of saving itself from those who would have destroyed it, and of saving to the freedmen the simple inherent right of self-ownership, the nation was forced to confer upon the Negro the right to vote by the adoption of the Fifteenth Amendment. This step it is now popular to characterize as a blunder or as an act of revenge designed to humiliate the South. If it was, then the preservation of the Union and the abolition of slavery are nameless crimes.

The period of Reconstruction has served as the text for discrediting Negro Suffrage and is always the apt illustration that gives point to the argument of those who attempt to prove the incapacity of the Negro to exercise the right of suffrage. There is no doubt that the effort to mould public sentiment away from Negro Suffrage has been generally successful and this success has been achieved very largely through misrepresentation in regard to the facts of Reconstruction. The great body of active citizens have grown into full citizenship since the Reconstruction epoch, are consequently ignorant of its true history and quite satisfied to receive the information concerning it from those whose interest and delight it is to resort to misrepresentation.

It is not my purpose to enter into a defense of Reconstruction, but merely to call attention to the following facts:

(1) The attempt to reconstruct the rebellious states along lines of Republican principles failed until the Negro was given the right to vote. Those who had participated in the War of the Rebellion and to whom the opportunity had been given to return to normal relations with the Federal Government without the interference of the Negro, failed signally and deliberately to do so in an acceptable manner. Negro Suffrage was therefore an essential and beneficent factor in the work of reconstruction.[8]

(2) The accepted history of that period has been written by those who rode into power by murder and intimidation and to whose interest it is to paint the history of reconstruction so dark as to hide their own flagrant crimes. Their method of history writing has been that of suppression and distortion of facts.

(3) The true history of that period reveals some things that place Negro Suffrage in a remarkably creditable light.

The statement has recently been made that "the reconstruction regime in the South worked lasting injury to the colored race."[9] Place this statement in juxtaposition with a few of the things that were really done by these newly enfranchised people who were practicing their first lessons in the science of government.

Judge Albion W. Tourgee has stated it thus:

"They obeyed the Constitution of the United States, and annulled the bonds of states, counties, and cities which had been issued to carry on the war of rebellion and maintain armies in the field against the Union. They instituted a public school system in a realm where public schools had been unknown. They opened the ballot box and jury box to thousands of white men who had been debarred from them by a lack of earthly possessions. They introduced home rule into the South. They abolished the whipping post, the branding iron, the stocks and other barbarous forms of punishment which had up to that time prevailed. They reduced capital felonies from about twenty to two or three. In an age of extravagance they were extravagant in the sums appropriated for public works. In all of that time no man's rights of person were invaded under the forms of law. Every Democrat's life, home, fireside and business were safe. No man obstructed any white man's way to the ballot box, interfered with his freedom of speech or boycotted him on account of his political faith."[10]

This is the record which it is said "has worked lasting injury to the colored race." If the true history of this period proves anything it is this, namely, that the only republican government in fact as well as in form that has ever existed in the South was when the Negro, though a mere tyro in the art of government, was a controlling factor in southern politics. His "lasting injury" consists in the fact that he planted "the seeds of all the New South's prosperity."

The Southern politicians, who in their desperation to perpetuate Negro Slavery created a national debt of more than three billions and stained every vale and hillside with the blood of freemen, point with ineffable horror at the extravagant financial legislation of the Reconstruction period. It may be that this much paraded extravagance amounts to more than the fiction of distorted facts; but, in view of the audacious corruption of the era which preceded it, and the gigantic peculations of that which has followed, the financial profligacy of Reconstruction may not have been so bad after all.

Replying to a characteristic speech of Senator Tillman delivered in the recent South Carolina Constitutional Convention, in which he arraigned the financial legislation of Reconstruction in that State Mr. Thomas E. Miller, one of the six Negro members of the convention, said:

"The gentleman from Edgefield (Mr. Tillman) speaks of the piling up of the State debt; of jobbery and peculation during the period between 1869 and 1873 in South Carolina, but he has not found voice eloquent enough, nor pen exact enough to mention those imperishable gifts bestowed upon South Carolina between 1873 and 1876 by Negro legislators--the laws relative to finance, the building of penal and charitable institutions, and, greatest of all, the establishment of the public school system. Starting as infants in legislation in 1869, many wise measures were not thought of, many injudicious acts were passed. But in the administration of affairs for the next four years, having learned by experience the result of bad acts, we immediately passed reformatory laws touching every department of state, county, municipal and town governments. These enactments are today upon the statute books of South Carolina. They stand as living witnesses of the Negro's fitness to vote and legislate upon the rights of mankind.

"When we came into power town governments could lend the credit of their respective towns to secure funds at any rate of interest that the council saw fit to pay. Some of the towns paid as high as 20 per cent. We passed an act prohibiting town governments from pledging the credit of their hamlets for money bearing a greater rate of interest than 5 per cent.

"Up to 1874, inclusive, the State Treasurer had the power to pay out State funds as he pleased. He could elect whether he would pay out the funds on appropriations that would place the money in the hands of the peculators, or would apply them to appropriations that were honest and necessary. We saw the evil of this and passed an act making specific levies and collections of taxes for specific appropriations.