Part 2

It will not be impertinent for me to add by way of concluding this article, a few words regarding some of the political consequences, which would be sure to follow a reduction of Southern 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, exacting and aggressive to-day on the Negro question because it has so much numerical strength in Congress and the electoral college 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 aggressiveness on the race question. For as it declines in relative strength in Congress and the electoral college it will decline in relative importance 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 college-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 increase of the northern wing of the Democratic party in the control 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: It will put an end to the present period of good will and peace between the sections, so disastrous to the rights of the Negro. 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 democrats of the South on the Negro question as well. For the northern 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 such differences and strife between the sections, a reaction at the North in favor of the Negro. Public sentiment for juster treatment of the race will gain thereafter steadily in strength. It will influence the Republican party to give to the question a more radical treatment than it now gives it, to take steps to enforce by appropriate 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 unresponsive 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 question. 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 factor in their development and civilization. And so liberal sentiment 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 after 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 people are bound to respect. Let southern representation in Congress 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 discrimination against shippers of live stock, and in favor of packing house products and dressed meats. But alas, how different has been the attitude of the national government toward investigating that greatest of all discriminations in the Republic, namely: the wholesale disfranchisement of Negroes in the South because 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 subject 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 general government to address itself to that subject, and accordingly proposed from his place in Congress suitable measures for that purpose. Unfortunately for Congressman Crumpacker's proposition the presidential election of 1900 was at the time approaching 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 subsequent 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 whether 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, except for crime." This resolution so reasonable, moderate, and just, fell a victim, so it was reported at the time, to a shrewd bargain 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 do what the Republican 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 whether, by special discrimination, 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 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 institutions 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?

The Penning of the Negro--_CHARLES CHAUVEAU COOK_

*[The Negro in the States of the Revised Constitutions]*

The following States have revised their constitutions for the purpose of excluding colored voters, and in the following order:--

(1) MISSISSIPPI.

Section 241, Article 12, constitution of Mississippi, defining who are electors:

"Every male inhabitant of the state, except idiots, insane persons, and Indians not taxed, who is a citizen of the United States, twenty-one years of age and upwards, who has resided in the state two years, and one year in the election district * * * in which he offers to vote and who is duly registered as provided in this article, and who has never been convicted of bribery, burglary, theft, arson, obtaining money or goods under false pretence, perjury, embezzlement, or bigamy, and who has paid on or before the 1st day of February of the year in which he offers to vote, all taxes which may have been legally required of him and who shall produce to the officer holding the election satisfactory evidence that he has paid his taxes."

Section 242 of Article 12, further provides that persons offering to register shall take the following oath:

"I do solemnly swear that I am twenty one years old and that I will have resided in the state two years and (this) election district for one year preceding the ensuing election, and am now in good faith a resident of the same, and that I am not disqualified from voting by reason of having been convicted of any of the crimes mentioned in the constitution of this state as a disqualification to be an elector, that I will truly answer _all questions propounded to me concerning my antecedents so far as they relate to my right to vote_ and also as to _my residence before my citizenship in this district,_ that I will support the constitution of the United States and of the state of Mississippi and will bear true faith and allegiance to the same--so help me God.

Any willful and corrupt false statement in said affidavit or in answer to any material question propounded as herein authorized shall be perjury."

Section 244, Article 12, constitution of Mississippi, requires that:

"On and after the first day of January, 1892, every elector in addition to the foregoing qualifications, shall be able to read any section of the constitution of this state; or shall be able to understand the same when read to him, or give a reasonable interpretation thereof."

(2) SOUTH CAROLINA.

Subdivision (c). "Up to January 1, 1898, all male persons of voting age applying for registration, who can read any section of this constitution submitted to them, _or understand and explain it_ when read to them by the registration officer, shall be entitled to registration and become electors."

Subdivision (d). "Any person who shall apply for registration after January 1, 1898, if otherwise qualified, shall be registered: _Provided_ that he can both read and write any section of the constitution submitted to him by the registration officer or can show that he owns and has paid taxes collectible during the previous year on property in this state assessed at three hundred dollars ($300) or more."

(3) LOUISIANA.

Section 3. "He (the voter) shall be able to read and write, and shall demonstrate his ability to do so when he applies for registration, by making, under oath administered by the registration officer or his deputy, written application therefor, in the English language, or his mother tongue, which application shall contain the essential facts necessary to show that he is entitled to register and vote, and shall be entirely written, dated, and signed by him, in the presence of the registration officer or his deputy, without assistance or suggestion from any person or memorandum whatever, except the form of application hereinafter set forth: _Provided, however,_ That if the applicant be unable to write his application in the English language, he shall have the right, if he so demands, to write the same in his mother tongue from the dictation of an interpreter; and if the applicant is unable to write his application by reason of physical disability, the same shall be written at his dictation by the registration officer or his deputy, upon his oath of such disability. The application for registration, above provided for, shall be a copy of the following form, with the proper names, dates, and numbers substituted for the blanks appearing therein, to wit:

"I am a citizen of the State of Louisiana. My name is ----. I was born in the State (or country) of ----, parish (or county) of ----, on the ---- day of ----, in the year ----. I am now ---- years ---- months and ---- days of age. I have resided in this State since ----, and am not disfranchised by any provision of the constitution of this State."

Section 4. "If he be not able to read and write, provided by section 3 of this article, then he shall be entitled to register and vote if he shall, at the time he offers to register, be the bona fide owner of property assessed to him in this State at a valuation of not less than $300 on the assessment roll of the current year, if the roll of the current year shall not then have been completed and filed and on which, if such property be personal only, all taxes due shall have been paid."

Section 5. "No male person who was on January 1, 1867, or at any date prior thereto, entitled to vote under the constitution or statute of any State of the United States, wherein he then resided, and no son or grandson of any such person not less than 21 years of age at the date of the adoption of this constitution, and no male person of foreign birth, who was naturalized prior to the first day of January, 1898, shall be denied the right to register and vote in this State by reason of his failure to possess the educational or property qualifications prescribed by this constitution: _Provided_, He shall have resided in this State for five years next preceding the date at which he shall apply for registration, and shall have registered in accordance with the terms of this article prior to September 1, 1898; and no person shall be entitled to register under this section after said date."

(4) NORTH CAROLINA.

Section 4. "Every person presenting himself for registration shall be able to read and write any section of the constitution in the English language; and, before he shall be entitled to vote, he shall have paid, on or before the 1st day of May of the year in which he proposes to vote, his poll tax for the previous year as prescribed by Article V, section 1, of the constitution. But no male person who was, on January 1, 1867, or at any time prior thereto, entitled to vote under the laws of any state in the United States wherein he then resided, and no lineal descendant of any such person, shall be denied the right to register and vote at any election in this State by reason of his failure to possess the educational qualification herein prescribed, provided he shall have registered in accordance with the terms of this section prior to December, 1908.

"The general assembly shall provide for the registration of all persons entitled to vote without the educational qualifications herein prescribed, and shall, on or before November 1, 1908, provide for the making of a permanent record of such registration, and all persons so registered shall forever thereafter have the right to vote in all elections by the people in this State, unless disqualified under section 2 of this article: _Provided_, Such person shall have paid his poll tax as above required."

(5) ALABAMA (in effect Nov. 28th, 1901.) entitled to register:--

These sections of the Alabama constitution were before the Supreme Court in the case of _Giles v. Harris_, (189 U. S. 475,) and the general plan of voting and registration was summarized by Mr. Justice Holmes, delivering the opinion of the court as follows:

"By section 178 of article 8, to entitle a person to vote he must have resided in the State at least two years, in the county one year and in the precinct or ward three months, immediately preceding the election; have paid his poll tax, and have been duly registered as an elector. By section 182, idiots, insane persons and those convicted of certain crimes are disqualified. Subject to the foregoing, by section 180, before 1903 the following male citizens of the State, who are citizens of the United States, were entitled to register, viz: First. All who had served honorably in the enumerated wars of the United States, including those on either side of the 'war between the States.' Second. All lawful descendants of persons who served honorably in the enumerated wars or in the war of the Revolution. Third. 'All persons who are of good character and who understand the duties and obligations of citizenship under a republican form of government.' By section 181 after January 1, 1903, only the following persons are entitled to register: First. Those who can read and write any article of the Constitution of the United States in the English language, and who either are physically unable to work or have been regularly engaged in some lawful business for the greater part of the last twelve months, and those who are unable to read and write solely because physically disabled. Second. Owners or husbands of owners of forty acres of land in the State, upon which they reside, and owners or husbands of owners of real or personal estate in the State assessed for taxation at three hundred dollars or more [...] [By section] 183, only persons qualified as electors can take part in any method of party action. By section 184, persons not registered are disqualified from voting. By section 185, an elector whose vote is challenged shall be required to swear that the matter of the challenge is untrue before his vote shall be received. By Section 186, the legislature is to provide for registration after January 1, 1903, the qualifications and oaths of the registrars are prescribed, the duties of the registrars before that date are laid down, and an appeal is given to the county court and Supreme Court if registration is denied. There are further executive details in section 187, together with the above-mentioned continuance of the effect of registration before January 1, 1903. By section 188, after the last-mentioned date applicants for registration may be examined under oath as to where they have lived for the last five years, the names by which they have been known, and the names of their employers."

(6) VIRGINIA. (in effect July 10th, 1902.)

Article II, Section 18. "Every male citizen of the United States, twenty-one years of age, who has been a resident of the State two years, of the county, city or town one year, and of the precinct in which he offers to vote, thirty days, next preceding the election in which he offers to vote, has been registered, and has paid his state poll taxes, as hereinafter required, shall be entitled to vote for members of the General Assembly and all officers elected by the people; but removal from one precinct to another, in the same county, city or town shall not deprive any person of his right to vote in the precinct from which he has moved, until the expiration of thirty days after such removal."

Section 19. "There shall be general registrations in the counties, cities and towns of the State during the years nineteen hundred and two and nineteen hundred and three at such times and in such manner as may be prescribed by an ordinance of this Convention. At such registrations every male citizen of the United States having the qualifications of age and residence required in Section Eighteen shall be entitled to register, if he be:

"First. A person who, prior to the adoption of this Constitution, served in time of war in the army or navy of the United States, of the Confederate States, or of any State of the United States or of the Confederate States; or

"Second. A son of any such person; or

"Third. A person, who owns property, upon which, for the year next preceding that in which he offers to register, state taxes aggregating at least one dollar, have been paid; or

"Fourth. A person able to read any section of this Constitution, submitted to him by the officers of registration and to give a reasonable explanation of the same; or, if unable to read such section, able to understand and give a reasonable explanation thereof when read to him by the officers.