Chapter 4

These restrictions fall into three groups. The first comprises a property qualification--the ownership of $300 worth or more of real or personal property (Alabama, Louisiana, Virginia and South Carolina); the payment of a poll tax (Mississippi, North Carolina, Virginia); an educational qualification--the ability to read and write (Alabama, Louisiana, North Carolina). Thus far, those who believe in a restricted suffrage everywhere, could perhaps find no reasonable fault with any one of these qualifications, applied either separately or together.

But the Negro has made such progress that these restrictions alone would perhaps not deprive him of effective representation. Hence the second group. This comprises an "understanding" clause--the applicant must be able "to read, or understand when read to him, any clause in the Constitution" (Mississippi), or to read and explain, or to understand and explain when read to him, any section of the Constitution (Virginia); an employment qualification--the voter must be regularly employed in some lawful occupation (Alabama); a character qualification--the voter must be a person of good character and who "understands the duties and obligations of citizens under a republican (!) form of government" (Alabama).

The qualifications under the first group it will be seen, are capable of exact demonstration; those under the second group are left to the discretion and judgment of the registering officer--for in most instances these are all requirements for registration, which must precede voting.

But the first group, by its own force, and the second group, under imaginable conditions, might exclude not only the Negro vote, but a large part of the white vote. Hence, the third group, which comprises: a military service qualification--any man who went to war, willingly or unwillingly, in a good cause or a bad, is entitled to register (Ala., Va.); a prescriptive qualification, under which are included all male persons who were entitled to vote on January 1, 1867, at which date the Negro had not yet been given the right to vote; a hereditary qualification, (the so-called "grandfather" clause), whereby any son (Va.), or descendant (Ala.), of a soldier, and (N.C.) the descendant of any person who had the right to vote on January 1, 1867, inherits that right. If the voter wish to take advantage of these last provisions, which are in the nature of exceptions to a general rule, he must register within a stated time, whereupon he becomes a member of a privileged class of permanently enrolled voters not subject to any of the other restrictions.

It will be seen that these restrictions are variously combined in the different States, and it is apparent that if combined to their declared end, practically every Negro may, under color of law, be denied the right to vote, and practically every white man accorded that right. The effectiveness of these provisions to exclude the Negro vote is proved by the Alabama registration under the new State Constitution. Out of a total, by the census of 1900, of 181,471 Negro "males of voting age," less than 3,000 are registered; in Montgomery county alone, the seat of the State capital, where there are 7,000 Negro males of voting age, only 47 have been allowed to register, while in several counties not one single Negro is permitted to exercise the franchise.

These methods of disfranchisement have stood such tests as the United States Courts, including the Supreme Court, have thus far seen fit to apply, in such cases as have been before them for adjudication. These include a case based upon the "understanding" clause of the Mississippi Constitution, in which the Supreme Court held, in effect, that since there was no ambiguity in the language employed and the Negro was not directly named, the Court would not go behind the wording of the Constitution to find a meaning which discriminated against the colored voter; and the recent case of Jackson vs. Giles, brought by a colored citizen of Montgomery, Alabama, in which the Supreme Court confesses itself impotent to provide a remedy for what, by inference, it acknowledges _may_ be a "great political wrong," carefully avoiding, however, to state that it is a wrong, although the vital prayer of the petition was for a decision upon this very point.

Now, what is the effect of this wholesale disfranchisement of colored men, upon their citizenship. The value of food to the human organism is not measured by the pains of an occasional surfeit, but by the effect of its entire deprivation. Whether a class of citizens should vote, even if not always wisely--what class does?--may best be determined by considering their condition when they are without the right to vote.

The colored people are left, in the States where they have been disfranchised, absolutely without representation, direct or indirect, in any law-making body, in any court of justice, in any branch of government--for the feeble remnant of voters left by law is so inconsiderable as to be without a shadow of power. Constituting one-eighth of the population of the whole country, two-fifths of the whole Southern people, and a majority in several States, they are not able, because disfranchised where most numerous, to send one representative to the Congress, which, by the decision in the Alabama case, is held by the Supreme Court to be the only body, outside of the State itself, competent to give relief from a great political wrong. By former decisions of the same tribunal, even Congress is impotent to protect their civil rights, the Fourteenth Amendment having long since, by the consent of the same Court, been in many respects as completely nullified as the Fifteenth Amendment is now sought to be. They have no direct representation in any Southern legislature, and no voice in determining the choice of white men who might be friendly to their rights. Nor are they able to influence the election of judges or other public officials, to whom are entrusted the protection of their lives, their liberties and their property. No judge is rendered careful, no sheriff diligent, for fear that he may offend a black constituency; the contrary is most lamentably true; day after day the catalogue of lynchings and anti-Negro riots upon every imaginable pretext, grows longer and more appalling. The country stands face to face with the revival of slavery; at the moment of this writing a federal grand jury in Alabama is uncovering a system of peonage established under cover of law.

Under the Southern program it is sought to exclude colored men from every grade of the public service; not only from the higher administrative functions, to which few of them would in any event, for a long time aspire, but from the lowest as well. A Negro may not be a constable or a policeman. He is subjected by law to many degrading discriminations. He is required to be separated from white people on railroads and street cars, and, by custom, debarred from inns and places of public entertainment. His equal right to a free public education is constantly threatened and is nowhere equitably recognized. In Georgia, as has been shown by Dr. DuBois, where the law provides for a pro rata distribution of the public school fund between the races, and where the colored school population is 48 per cent. of the total, the amount of the fund devoted to their schools is only 20 per cent. In New Orleans, with an immense colored population, many of whom are persons of means and culture, all colored public schools above the fifth grade have been abolished.

The Negro is subjected to taxation without representation, which the forefathers of this Republic made the basis of a bloody revolution.

Flushed with their local success, and encouraged by the timidity of the Courts and the indifference of public opinion, the Southern whites have carried their campaign into the national government, with an ominous degree of success. If they shall have their way, no Negro can fill any federal office, or occupy, in the public service, any position that is not menial. This is not an inference, but the openly, passionately avowed sentiment of the white South. The right to employment in the public service is an exceedingly valuable one, for which white men have struggled and fought. A vast army of men are employed in the administration of public affairs. Many avenues of employment are closed to colored men by popular prejudice. If their right to public employment is recognized, and the way to it open through the civil service, or the appointing power, or the suffrages of the people, it will prove, as it has already, a strong incentive to effort and a powerful lever for advancement. Its value to the Negro, like that of the right to vote, may be judged by the eagerness of the whites to deprive him of it.

Not only is the Negro taxed without representation in the States referred to, but he pays, through the tariff and internal revenue, a tax to a National government whose supreme judicial tribunal declares that it cannot, through the executive arm, enforce its own decrees, and, therefore, refuses to pass upon a question, squarely before it, involving a basic right of citizenship. For the decision of the Supreme Court in the Giles case, if it foreshadows the attitude which the Court will take upon other cases to the same general end which will soon come before it, is scarcely less than a reaffirmation of the Dred Scott decision; it certainly amounts to this--that in spite of the Fifteenth Amendment, colored men in the United States have no political rights which the States are bound to respect. To say this much is to say that all the privileges and immunities which Negroes henceforth enjoy, must be by favor of the whites; they are not _rights_. The whites have so declared; they proclaim that the country is theirs, that the Negro should be thankful that he has so much, when so much more might be withheld from him. He stands upon a lower footing than any alien; he has no government to which he may look for protection.

Moreover, the white South sends to Congress, on a basis including the Negro population, a delegation nearly twice as large as it is justly entitled to, and one which may always safely be relied upon to oppose in Congress every measure which seeks to protect the equality, or to enlarge the rights of colored citizens. The grossness of this injustice is all the more apparent since the Supreme Court, in the Alabama case referred to, has declared the legislative and political department of the government to be the only power which can right a political wrong. Under this decision still further attacks upon the liberties of the citizen may be confidently expected. Armed with the Negro's sole weapon of defense, the white South stands ready to smite down his rights. The ballot was first given to the Negro to defend him against this very thing. He needs it now far more than then, and for even stronger reasons. The 9,000,000 free colored people of to-day have vastly more to defend than the 3,000,000 hapless blacks who had just emerged from slavery. If there be those who maintain that it was a mistake to give the Negro the ballot at the time and in the manner in which it was given, let them take to heart this reflection: that to deprive him of it to-day, or to so restrict it as to leave him utterly defenseless against the present relentless attitude of the South toward his rights, will prove to be a mistake so much greater than the first, as to be no less than a crime, from which not alone the Southern Negro must suffer, but for which the nation will as surely pay the penalty as it paid for the crime of slavery. Contempt for law is death to a republic, and this one has developed alarming symptoms of the disease.

And now, having thus robbed the Negro of every political and civil _right_, the white South, in palliation of its course, makes a great show of magnanimity in leaving him, as the sole remnant of what he acquired through the Civil War, a very inadequate public school education, which, by the present program, is to be directed mainly towards making him a better agricultural laborer. Even this is put forward as a favor, although the Negro's property is taxed to pay for it, and his labor as well. For it is a well settled principle of political economy, that land and machinery of themselves produce nothing, and that labor indirectly pays its fair proportion of the tax upon the public's wealth. The white South seems to stand to the Negro at present as one, who, having been reluctantly compelled to release another from bondage, sees him stumbling forward and upward, neglected by his friends and scarcely yet conscious of his own strength; seizes him, binds him, and having bereft him of speech, of sight and of manhood, "yokes him with the mule" and exclaims, with a show of virtue which ought to deceive no one: "Behold how good a friend I am of yours! Have I not left you a stomach and a pair of arms, and will I not generously permit you to work for me with the one, that you may thereby gain enough to fill the other? A brain you do not need. We will relieve you of any responsibility that might seem to demand such an organ."

The argument of peace-loving Northern white men and Negro opportunists that the political power of the Negro having long ago been suppressed by unlawful means, his right to vote is a mere paper right, of no real value, and therefore to be lightly yielded for the sake of a hypothetical harmony, is fatally short-sighted. It is precisely the attitude and essentially the argument which would have surrendered to the South in the sixties, and would have left this country to rot in slavery for another generation. White men do not thus argue concerning their own rights. They know too well the value of ideals. Southern white men see too clearly the latent power of these unexercised rights. If the political power of the Negro was a nullity because of his ignorance and lack of leadership, why were they not content to leave it so, with the pleasing assurance that if it ever became effective, it would be because the Negroes had grown fit for its exercise? On the contrary, they have not rested until the possibility of its revival was apparently headed off by new State Constitutions. Nor are they satisfied with this. There is no doubt that an effort will be made to secure the repeal of the Fifteenth Amendment, and thus forestall the development of the wealthy and educated Negro, whom the South seems to anticipate as a greater menace than the ignorant ex-slave. However improbable this repeal may seem, it is not a subject to be lightly dismissed; for it is within the power of the white people of the nation to do whatever they wish in the premises--they did it once; they can do it again. The Negro and his friends should see to it that the white majority shall never wish to do anything to his hurt. There still stands, before the Negro-hating whites of the South, the specter of a Supreme Court which will interpret the Constitution to mean what it says, and what those who enacted it meant, and what the nation, which ratified it, understood, and which will find power, in a nation which goes beyond seas to administer the affairs of distant peoples, to enforce its own fundamental laws; the specter, too, of an aroused public opinion which will compel Congress and the Courts to preserve the liberties of the Republic, which are the liberties of the people. To wilfully neglect the suffrage, to hold it lightly, is to tamper with a sacred right; to yield it for anything else whatever is simply suicidal. Dropping the element of race, disfranchisement is no more than to say to the poor and poorly taught, that they must relinquish the right to defend themselves against oppression until they shall have become rich and learned, in competition with those already thus favored and possessing the ballot in addition. This is not the philosophy of history. The growth of liberty has been the constant struggle of the poor against the privileged classes; and the goal of that struggle has ever been the equality of all men before the law. The Negro who would yield this right, deserves to be a slave; he has the servile spirit. The rich and the educated can, by virtue of their influence, command many votes; can find other means of protection; the poor man has but one, he should guard it as a sacred treasure. Long ago, by fair treatment, the white leaders of the South might have bound the Negro to themselves with hoops of steel. They have not chosen to take this course, but by assuming from the beginning an attitude hostile to his rights, have never gained his confidence, and now seek by foul means to destroy where they have never sought by fair means to control.

I have spoken of the effect of disfranchisement upon the colored race; it is to the race as a whole, that the argument of the problem is generally directed. But the unit of society in a republic is the individual, and not the race, the failure to recognize this fact being the fundamental error which has beclouded the whole discussion. The effect of disfranchisement upon the individual is scarcely less disastrous. I do not speak of the moral effect of injustice upon those who suffer from it; I refer rather to the practical consequences which may be appreciated by any mind. No country is free in which the way upward is not open for every man to try, and for every properly qualified man to attain whatever of good the community life may offer. Such a condition does not exist, at the South, even in theory, for any man of color. In no career can such a man compete with white men upon equal terms. He must not only meet the prejudice of the individual, not only the united prejudice of the white community; but lest some one should wish to treat him fairly, he is met at every turn with some legal prohibition which says, "Thou shalt not," or "Thus far shalt thou go and no farther." But the Negro race is viable; it adapts itself readily to circumstances; and being thus adaptable, there is always the temptation to

"Crook the pregnant hinges of the knee, Where thrift may follow fawning."

He who can most skilfully balance himself upon the advancing or receding wave of white opinion concerning his race, is surest of such measure of prosperity as is permitted to men of dark skins. There are Negro teachers in the South--the privilege of teaching in their own schools is the one respectable branch of the public service still left open to them--who, for a grudging appropriation from a Southern legislature, will decry their own race, approve their own degradation, and laud their oppressors. Deprived of the right to vote, and, therefore, of any power to demand what is their due, they feel impelled to buy the tolerance of the whites at any sacrifice. If to live is the first duty of man, as perhaps it is the first instinct, then those who thus stoop to conquer may be right. But is it needful to stoop so low, and if so, where lies the ultimate responsibility for this abasement?

I shall say nothing about the moral effect of disfranchisement upon the white people, or upon the State itself. What slavery made of the Southern whites is a matter of history. The abolition of slavery gave the South an opportunity to emerge from barbarism. Present conditions indicate that the spirit which dominated slavery still curses the fair section over which that institution spread its blight.

And now, is the situation remediless? If not so, where lies the remedy? First let us take up those remedies suggested by the men who approve of disfranchisement, though they may sometimes deplore the method, or regret the necessity.

Time, we are told, heals all diseases, rights all wrongs, and is the only cure for this one. It is a cowardly argument. These people are entitled to their rights to-day, while they are yet alive to enjoy them; and it is poor statesmanship and worse morals to nurse a present evil and thrust it forward upon a future generation for correction. The nation can no more honestly do this than it could thrust back upon a past generation the responsibility for slavery. It had to meet that responsibility; it ought to meet this one.

Education has been put forward as the great corrective--preferably industrial education. The intellect of the whites is to be educated to the point where they will so appreciate the blessings of liberty and equality, as of their own motion to enlarge and defend the Negro's rights. The Negroes, on the other hand, are to be so trained as to make them, not equal with the whites in any way--God save the mark! this would be unthinkable!--but so useful to the community that the whites will protect them rather than to lose their valuable services. Some few enthusiasts go so far as to maintain that by virtue of education the Negro will, in time, become strong enough to protect himself against any aggression of the whites; this, it may be said, is a strictly Northern view.

It is not quite clearly apparent how education alone, in the ordinary meaning of the word, is to solve, in any appreciable time, the problem of the relations of Southern white and black people. The need of education of all kinds for both races is wofully apparent. But men and nations have been free without being learned, and there have been educated slaves. Liberty has been known to languish where culture had reached a very high development. Nations do not first become rich and learned and then free, but the lesson of history has been that they first become free and then rich and learned, and oftentimes fall back into slavery again because of too great wealth, and the resulting luxury and carelessness of civic virtues. The process of education has been going on rapidly in the Southern States since the Civil War, and yet, if we take superficial indications, the rights of the Negroes are at a lower ebb than at any time during the thirty-five years of their freedom, and the race prejudice more intense and uncompromising. It is not apparent that educated Southerners are less rancorous than others in their speech concerning the Negro, or less hostile in their attitude toward his rights. It is their voice alone that we have heard in this discussion; and if, as they state, they are liberal in their views as compared with the more ignorant whites, then God save the Negro!

I was told, in so many words, two years ago, by the Superintendent of Public Schools of a Southern city that "there was no place in the modern world for the Negro, except under the ground." If gentlemen holding such opinions are to instruct the white youth of the South, would it be at all surprising if these, later on, should devote a portion of their leisure to the improvement of civilization by putting under the ground as many of this superfluous race as possible?