The Disfranchisement of the Negro (1903)

What is a White Man?

The fiat having gone forth from the wise men of the South that the

"all-pervading, all-conquering Anglo-Saxon race" must continue forever

to exercise exclusive control and direction of the government of this

so-called Republic, it becomes important to every citizen who values his

birthright to know who are included in this grandiloquent term. It is of

course perfectly obvious that the writer or speaker who used this

expression--perhaps Mr. Grady of Georgia--did not say what he meant. It

is not probable that he meant to exclude from full citizenship the Celts

and Teutons and Gauls and Slavs who make up so large a proportion of our

population; he hardly meant to exclude the Jews, for even the most

ardent fire-eater would hardly venture to advocate the disfranchisement

of the thrifty race whose mortgages cover so large a portion of Southern

soil. What the eloquent gentleman really meant by this high-sounding

phrase was simply the white race; and the substance of the argument of

that school of Southern writers to which he belongs, is simply that for

the good of the country the Negro should have no voice in directing the

government or public policy of the Southern States or of the nation.

But it is evident that where the intermingling of the races has made

such progress as it has in this country, the line which separates the

races must in many instances have been practically obliterated. And

there has arisen in the United States a very large class of the

population who are certainly not Negroes in an ethnological sense, and

whose children will be no nearer Negroes than themselves. In view,

therefore, of the very positive ground taken by the white leaders of the

South, where most of these people reside, it becomes in the highest

degree important to them to know what race they belong to. It ought to

be also a matter of serious concern to the Southern white people; for if

their zeal for good government is so great that they contemplate the

practical overthrow of the Constitution and laws of the United States to

secure it, they ought at least to be sure that no man entitled to it by

their own argument, is robbed of a right so precious as that of free

citizenship; the "all-pervading, all conquering Anglo-Saxon" ought to

set as high a value on American citizenship as the all-conquering Roman

placed upon the franchise of his State two thousand years ago. This

discussion would of course be of little interest to the genuine Negro,

who is entirely outside of the charmed circle, and must content himself

with the acquisition of wealth, the pursuit of learning and such other

privileges as his "best friends" may find it consistent with the welfare

of the nation to allow him; but to every other good citizen the inquiry

ought to be a momentous one. What is a white man?

In spite of the virulence and universality of race prejudice in the

United States, the human intellect long ago revolted at the manifest

absurdity of classifying men fifteen-sixteenths white as black men; and

hence there grew up a number of laws in different states of the Union

defining the limit which separated the white and colored races, which

was, when these laws took their rise and is now to a large extent, the

line which separated freedom and opportunity from slavery or hopeless

degradation. Some of these laws are of legislative origin; others are

judge-made laws, brought out by the exigencies of special cases which

came before the courts for determination. Some day they will, perhaps,

become mere curiosities of jurisprudence; the "black laws" will be

bracketed with the "blue laws," and will be at best but landmarks by

which to measure the progress of the nation. But to-day these laws are

in active operation, and they are, therefore, worthy of attention; for

every good citizen ought to know the law, and, if possible, to respect

it; and if not worthy of respect, it should be changed by the authority

which enacted it. Whether any of the laws referred to here have been in

any manner changed by very recent legislation the writer cannot say, but

they are certainly embodied in the latest editions of the revised

statutes of the states referred to.

The colored people were divided, in most of the Southern States, into

two classes, designated by law as Negroes and mulattoes respectively.

The term Negro was used in its ethnological sense, and needed no

definition; but the term "mulatto" was held by legislative enactment to

embrace all persons of color not Negroes. The words "quadroon" and

"mestizo" are employed in some of the law books, tho not defined; but

the term "octoroon," as indicating a person having one-eighth of Negro

blood, is not used at all, so far as the writer has been able to

observe.

The states vary slightly in regard to what constitutes a mulatto or

person of color, and as to what proportion of white blood should be

sufficient to remove the disability of color. As a general rule, less

than one-fourth of Negro blood left the individual white--in theory;

race questions being, however, regulated very differently in practice.

In Missouri, by the code of 1855, still in operation, so far as not

inconsistent with the Federal Constitution and laws, "any person other

than a Negro, any one of whose grandmothers or grandfathers is or shall

have been a Negro, tho all of his or her progenitors except those

descended from the Negro may have been white persons, shall be deemed a

mulatto." Thus the color-line is drawn at one-fourth of Negro blood, and

persons with only one-eighth are white.

By the Mississippi code of 1880, the color-line is drawn at one-fourth

of Negro blood, all persons having less being theoretically white.

Under the _code noir_ of Louisiana, the descendant of a white and a

quadroon is white, thus drawing the line at one-eighth of Negro blood.

The code of 1876 abolished all distinctions of color; as to whether they

have been re-enacted since the Republican Party went out of power in

that state the writer is not informed.

Jumping to the extreme North, persons are white within the meaning of

the Constitution of Michigan who have less than one-fourth of Negro

blood.

In Ohio the rule, as established by numerous decisions of the Supreme

Court, was that a preponderance of white blood constituted a person a

white man in the eye of the law, and entitled him to the exercise of all

the civil rights of a white man. By a retrogressive step the color-line

was extended in 1861 in the case of marriage, which by statute was

forbidden between a person of pure white blood and one having a visible

admixture of African blood. But by act of legislature, passed in the

spring of 1887, all laws establishing or permitting distinctions of

color were repealed. In many parts of the state these laws were always

ignored, and they would doubtless have been repealed long ago but for

the sentiment of the southern counties, separated only by the width of

the Ohio River from a former slave-holding state. There was a bill

introduced in the legislature during the last session to re-enact the

"black laws," but it was hopelessly defeated; the member who introduced

it evidently mistook his latitude; he ought to be a member of the

Georgia legislature.

But the state which, for several reasons, one might expect to have the

strictest laws in regard to the relations of the races, has really the

loosest. Two extracts from decisions of the Supreme Court of South

Carolina will make clear the law of that state in regard to the color

line.

The definition of the term mulatto, as understood in this state,

seems to be vague, signifying generally a person of mixed white

or European and Negro parentage, in whatever proportions the blood

of the two races may be mingled in the individual. But it is not

invariably applicable to every admixture of African blood with the

European, nor is one having all the features of a white to be ranked

with the degraded class designated by the laws of this state as

persons of color, because of some remote taint of the Negro race.

The line of distinction, however, is not ascertained by any rule of

law.... Juries would probably be justified in holding a person to

be white in whom the admixture of African blood did not exceed the

proportion of one-eighth. But it is in all cases a question for the

jury, to be determined by them upon the evidence of features and

complexion afforded by inspection, the evidence of reputation as

to parentage, and the evidence of the rank and station in society

occupied by the party. The only rule which can be laid down by the

courts is that where there is a distinct and visible admixture of

Negro blood, the individual is to be denominated a mulatto or person

of color.

In a later case the court held: "The question whether persons are

colored or white, where color or feature are doubtful, is for the jury

to decide by reputation, by reception into society, and by their

exercise of the privileges of the white man, as well as by admixture of

blood."

It is an interesting question why such should have been, and should

still be, for that matter, the law of South Carolina, and why there

should exist in that state a condition of public opinion which would

accept such a law. Perhaps it may be attributed to the fact that the

colored population of South Carolina always outnumbered the white

population, and the eagerness of the latter to recruit their ranks was

sufficient to overcome in some measure their prejudice against the Negro

blood. It is certainly true that the color-line is, in practice as in

law, more loosely drawn in South Carolina than in any other Southern

State, and that no inconsiderable element of the population of that

state consists of these legal white persons, who were either born in the

state, or, attracted thither by this feature of the laws, have come in

from surrounding states, and, forsaking home and kindred, have taken

their social position as white people. A reasonable degree of reticence

in regard to one's antecedents is, however, usual in such cases.

Before the War the color-line, as fixed by law, regulated in theory the

civil and political status of persons of color. What that status was,

was expressed in the Dred Scott decision. But since the War, or rather

since the enfranchisement of the colored people, these laws have been

mainly confined--in theory, be it always remembered--to the regulation

of the intercourse of the races in schools and in the marriage relation.

The extension of the color-line to places of public entertainment and

resort, to inns and public highways, is in most states entirely a matter

of custom. A colored man can sue in the courts of any Southern State for

the violation of his common-law rights, and recover damages of say fifty

cents without costs. A colored minister who sued a Baltimore steamboat

company a few weeks ago for refusing him first-class accommodation, he

having paid first-class fare, did not even meet with that measure of

success; the learned judge, a Federal judge by the way, held that the

plaintiff's rights had been invaded, and that he had suffered

humiliation at the hands of the defendant company, but that "the

humiliation was not sufficient to entitle him to damages." And the

learned judge dismissed the action without costs to either party.

Having thus ascertained what constitutes a white man, the good citizen

may be curious to know what steps have been taken to preserve the purity

of the white race. Nature, by some unaccountable oversight having to

some extent neglected a matter so important to the future prosperity and

progress of mankind. The marriage laws referred to here are in active

operation, and cases under them are by no means infrequent. Indeed,

instead of being behind the age, the marriage laws in the Southern

States are in advance of public opinion; for very rarely will a Southern

community stop to figure on the pedigree of the contracting parties to a

marriage where one is white and the other is known to have any strain of

Negro blood.

In Virginia, under the title "Offenses against Morality," the law

provides that "any white person who shall intermarry with a Negro shall

be confined in jail not more than one year and fined not exceeding one

hundred dollars." In a marginal note on the statute-book, attention is

called to the fact that "a similar penalty is not imposed on the

Negro"--a stretch of magnanimity to which the laws of other states are

strangers. A person who performs the ceremony of marriage in such a case

is fined two hundred dollars, one-half of which goes to the informer.

In Maryland, a minister who performs the ceremony of marriage between a

Negro and a white person is liable to a fine of one hundred dollars.

In Mississippi, code of 1880, it is provided that "the marriage of a

white person to a Negro or mulatto or person who shall have one-fourth

or more of Negro blood, shall be unlawful"; and as this prohibition does

not seem sufficiently emphatic, it is further declared to be "incestuous

and void," and is punished by the same penalty prescribed for marriage

within the forbidden degrees of consanguinity.

But it is Georgia, the _alma genetrix_ of the chain-gang, which merits

the questionable distinction of having the harshest set of color laws.

By the law of Georgia the term "person of color" is defined to mean "all

such as have an admixture of Negro blood, and the term 'Negro,' includes

mulattoes."

This definition is perhaps restricted somewhat by another provision, by

which "all Negroes, mestizoes, and their descendants, having one-eighth

of Negro or mulatto blood in their veins, shall be known in this State

as persons of color." A colored minister is permitted to perform the

ceremony of marriage between colored persons only, tho white ministers

are not forbidden to join persons of color in wedlock. It is further

provided that "the marriage relation between white persons and persons

of African descent is forever prohibited, and such marriages shall be

null and void." This is a very sweeping provision; it will be noticed

that the term "persons of color," previously defined, is not employed,

the expression "persons of African descent" being used instead. A court

which was so inclined would find no difficulty in extending this

provision of the law to the remotest strain of African blood. The

marriage relation is forever prohibited. Forever is a long time. There

is a colored woman in Georgia said to be worth $300,000--an immense

fortune in the poverty stricken South. With a few hundred such women in

that state, possessing a fair degree of good looks, the color-line would

shrivel up like a scroll in the heat of competition for their hands in

marriage. The penalty for the violation of the law against intermarriage

is the same sought to be imposed by the defunct Glenn Bill for violation

of its provisions; i.e., a fine not to exceed one thousand dollars, and

imprisonment not to exceed six months, or twelve months in the

chain-gang.

Whatever the wisdom or justice of these laws, there is one objection to

them which is not given sufficient prominence in the consideration of

the subject, even where it is discussed at all; they make mixed blood a

_prima-facie_ proof of illegitimacy. It is a fact that at present, in

the United States, a colored man or woman whose complexion is white or

nearly white is presumed, in the absence of any knowledge of his or her

antecedents, to be the offspring of a union not sanctified by law. And

by a curious but not uncommon process, such persons are not held in the

same low estimation as white people in the same position. The sins of

their fathers are not visited upon the children, in that regard at

least; and their mothers' lapses from virtue are regarded either as

misfortunes or as faults excusable under the circumstances. But in spite

of all this, illegitimacy is not a desirable distinction, and is likely

to become less so as these people of mixed blood advance in wealth and

social standing. This presumption of illegitimacy was once, perhaps,

true of the majority of such persons; but the times have changed. More

than half of the colored people of the United States are of mixed blood;

they marry and are given in marriage, and they beget children of

complexions similar to their own. Whether or not, therefore, laws which

stamp these children as illegitimate, and which by indirection establish

a lower standard of morality for a large part of the population than the

remaining part is judged by, are wise laws; and whether or not the

purity of the white race could not be as well preserved by the exercise

of virtue, and the operation of those natural laws which are so often

quoted by Southern writers as the justification of all sorts of Southern

"policies"--are questions which the good citizen may at least turn over

in his mind occasionally, pending the settlement of other complications

which have grown out of the presence of the Negro on this continent.

_Independent_, May 30, 1889

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