NEGRO CONGRESSMEN IN ACTION

With the facts concerning the earlier experiences of these Congressmen

in public life a matter of record, attention may now be centered upon

the second aspect of the question of their capacity for public

service--namely, that of their reactions to the great public questions

of their day. Perhaps this topic may be most properly treated first by

determining what were the problems of greatest public moment during

the period in which these men were in Congress. From the year

1871--the period of service of the first Negro in Congress--throughout

the first year of the administration of Rutherford B. Hayes, there

were brought prominently before the public mind the questions of

reconstruction, economic, social, and political, in the North and West

as well as in the South. The exploitation of the public domain in the

West, the development of transcontinental railroads and other means of

communication, the plea for sound money, the economic regeneration of

the South, the proper adjustment of the social relations between the

two races living in that section, and the readjustment of political

control in the former Confederate States were the great issues upon

which, during this period, the attention of the nation was focused.

In the solution of some of these problems the Negro was intimately

involved. What was to be his place in the scheme of social adjustment

in the South? What part was he to play in the economic regeneration of

that section? How and to what extent should he maintain the political

power delegated to him by the war amendments? Indeed, of utmost

importance to the Negro was the proper solution of three perplexing

problems: first, to secure to themselves the civil rights so freely

exercised by other groups in the nation; second, to obtain national

funds to aid education; third, to determine whether their former

masters should be relieved of their political disabilities. It was to

the solution of these problems, therefore, that the Negro Congressmen

of that period especially addressed themselves.

The problem of civil rights, however, did not immediately take

precedence. With the passage by Congress, in 1875, of a measure known

as the Civil Rights Bill, which was supplementary to measures of the

same sort previously enacted, the Negroes of the country were accorded

the rights granted by the Constitution to all other citizens of the

United States. The subsequent approval of this bill by the president,

and the well-known policy toward the Southern States then adopted,

served to remove from the fore of American politics the various issues

arising from the larger problems of the social and political

reconstruction of the South.

Economic questions then had more opportunity for consideration. A new

era in the nation's development was ushered in, and with it came new

issues and new policies. The question of the exploitation of the

public domain in the West and that of transcontinental railway

construction had long been before the nation and still remained, but

in lieu of the others of the earlier period, there arose also such

questions as the free coinage of silver, the bimetallic monetary

standard, tariff for protection or for revenue only, and the Chinese

immigration. Despite the new character of the great problems before

the public forum, and of the consequent relegation to a minor position

of national importance the problems of reconstruction in the South,

the issues of peculiar interest to the Negro were not so aptly

settled. Indeed, it is to the discredit of the Supreme Court of the

United States that in all cases coming before that body in which there

was at issue a right granted by the Constitution to the freedmen,

efforts were made to evade the real issue, or to interpret the laws so

as to contravene the intent of the framers of the Constitution.[44] To

urge the protection of the Negro in his exercise of the rights and

privileges granted by the Constitution, to secure the enactment of

laws with the purpose to secure to him a greater measure of

opportunity for social advancement, to oppose the enactment of laws

proposing to retard such progress, to stimulate a healthy public

opinion favorable to the Negro's cause, to protest against every

injustice, great or small, meted out to him, became, as never before,

the imperative duties of the Negro members of Congress. Whatever other

time and energy remained might be directed towards the solution of the

other important issues before the public, but for the most part, the

Negro Congressmen were of necessity compelled to defend those

interests peculiar to the freedmen. The petitions which these

Congressmen presented, the resolutions which they offered, the

amendments which they proposed, the bills which they introduced or

supported, and the issues which they discussed or debated, will enable

one to ascertain to what extent these men viewed aright the needs of

their constituents and of the nation. Because of the constitutional

right of all citizens to petition Congress for a redress of

grievances, however, Congressmen have, in general, considered it a

duty to present to Congress the petitions of their constituents,

whatever their nature may be. An examination of these, therefore, does

not always assist in the effort to determine the interests of a

statesman. The sole justification for their consideration in this case

is the fact that they have formed, in many instances, the basis of the

resolutions, motions and bills which were subsequently introduced.

While petitions of varying natures were presented by all of these

legislators, three classes, particularly, claimed the attention of

practically every one of them. These petitions sought the relief

either of an individual or of an institution suffering from some

misfortune of the war, made application for a pension, or requested

the adjustment of a claim. Of greater significance, however, were the

petitions which, while not so generally popular, led often to the

introduction of legislative measures. Conspicuous among these were

those seeking to remove the political disabilities of former

secessionists, those praying that undesirable laws or privileges be

abrogated, those advocating the passage of bills, those praying an

investigation of the political methods used in certain States, those

directing attention to conditions which merited legislative enactment,

those praying an appropriation by Congress for the construction of

public buildings, the promotion of public works, and the making of

local improvements, and those endorsing movements for the good of the

body politic.

One of the first problems of reconstruction that claimed the attention

of the Negro Congressmen arose from the measures proposing to grant

amnesty to the former Confederates who, by a provision of the

Fourteenth Amendment to the Constitution of the United States, had

been declared ineligible to vote and to hold office. In reference to

this matter, Jefferson F. Long, a representative from Georgia to the

Forty-first Congress, spoke in a manner reflecting the attitude of

many of the Negro Congressmen who were to follow him. His forceful

protest maintained that any modification of the test oath as then

administered, having the purpose to bring about a general removal of

political disabilities, would effect the subjugation of the loyal men

of the South to the disloyal. It would, moreover, appear to the Ku

Klux Klan to be an indorsement of their campaign of lawlessness,

depredation, and crime, fostered and abetted by the men whose

political disabilities it was then being sought to remove.[45]

Speaking on the enforcement act, on which he stated first his own

position and later that of the Republican Party in his State, Revels,

the Senator from Mississippi, said: "I am in favor of removing the

disabilities of those upon whom they are imposed in the South just as

fast as they give evidence of having become loyal and of being loyal.

If you can find one man in the South who gives evidence of the

fact that he has ceased to renounce the laws of Congress as

unconstitutional, has ceased to oppose them, and respects them and

favors the carrying of them out, I am in favor of removing his

disabilities; and if you can find one hundred men that the same is

true of, I am in favor of removing their disabilities. If you can find

a whole State that this is true of, I am in favor of removing the

disabilities of all its people."[46]

Revels at that time had reasonable grounds for supporting amnesty, but

conditions soon changed. Speaking in the 42nd Congress as it regarded

the enforcement of the 14th Amendment, Rainey felt that too much

amnesty had led to the murderous activities of the disloyal after they

had reached the point of acquiescing. He said:[47] "If the

Constitution which we uphold and support as the fundamental law of

the United States is inadequate to afford security to life, liberty,

and property--if, I say, this inadequacy is proven, then its work is

done, then it should no longer be recognized as the magna charta of a

great and free people; the sooner it is set aside the better for the

liberties of the nation." Another member of the 42nd Congress, Robert

C. De Large of South Carolina, while speaking on the bill for the

removal of political disabilities, made it quite clear that he would

not support the bill unless the gentlemen for it would support a

measure to protect the loyal people of the South.[48]

Notable among the speeches on the question of amnesty was that made by

Elliott protesting against a bill to this effect by Beck of Kentucky.

Contending that the men now seeking relief were responsible for the

crimes perpetrated against the loyal men of the South, Elliott

maintained that the passage of the bill would be nothing less than the

paying of a premium on disloyalty and treason at the expense of those

who had remained loyal. Pointing out the cause of their

disfranchisement, he demanded in the name of the "law-abiding people

of his constituency, whites as well as Negroes," the rejection of this

bill and the protection of those whose "only offense was their

adherence to the principles of freedom and justice."[49] That the

proposed bill was defeated[50] was perhaps in some measure due to his

masterful arraignment of its purposes.

Contemporaneous with the question of amnesty, and lasting throughout

the thirty years during which Negroes served in Congress, the problem

of securing civil rights for the freedmen or of protecting them in the

exercise of such rights demanded, to a greater extent than any other,

the energy and efforts of the Negro Congressmen. Indeed, but few of

the men of this group failed during their careers in Congress to

register their opinions on this all-absorbing matter.

Remarking at length on the Georgia bill,[51] Senator Revels spoke out

fearlessly in the defense of his race. He defended the Negroes against

charges of antagonism and servile strife, lauded the conduct of Negro

soldiers in the Civil War and the part they played in saving the

Union. He called attention to the loyalty of the Negroes in protecting

the white women and their homes, with the knowledge that the masters

were engaged in the prosecution of a war the success of which would

have meant permanent bondage to the blacks. He asserted that the

Negroes bore toward their former masters no revengeful thoughts, no

hatreds, no animosities. He recounted the iniquities of the bill then

before the body, prayed the protection of those whose rights were

thereby threatened, and appealed to Congress to give to the

reconstructed State such direction and support as would best meet its

most imperative needs.

The discussion of the civil rights bill gave rise to one of Robert

Brown Elliott's greatest speeches.[52] Arising to defend the bill, he

proceeded to refute the proposition advanced by Beck of Kentucky and

supported by Stephens of Georgia, that Congress had no power to

legislate against a plain discrimination made by State laws or customs

against any person or class of persons within its limits. In reference

to the decision of the Slaughter House Cases of Louisiana, which the

gentlemen had advanced in support of their thesis, Elliott pointed out

the difference in principle between the issues there involved and

those at hand. In the former case the court held the act in question

to be "a legitimate and warrantable exercise of the police power of

the State in regulating the business of stock landing and slaughtering

in the city of New Orleans and the territory immediately contiguous."

In this case, however, the evils complained of comprehended "the

exclusion of certain classes of persons from public inns, from the

saloons and tables of the steamboat, from the sleeping-cars on

railways, and from the right of sepulchre in public burial-grounds."

The Supreme Court, Elliott contended, has recognized two classes of

citizenships, state and national, but nowhere is there denied to

Congress the power to prevent a denial of equality of rights, whether

those rights exist by virtue of citizenship of the United States or of

a State. It followed, therefore, that it is within the authority of

Congress to see that no State deny to one class of citizens or

persons, rights which are common to other citizens, unless it can be

shown to be for the good of all, or pursuant to the legitimate

exercise of its police power. Rejecting such classification of the

case at hand and pointing out from the decision of the Slaughter House

Cases the express recognition of Congress to pass such a bill as the

one then under discussion, he concluded that the Constitution

warranted the passage of the bill, the Supreme Court sanctioned it,

and justice demanded it.[53] Elliott submitted also a resolution

directing the Judiciary Committee to report a civil rights bill.[54]

The civil rights of the Negroes constituted the general theme of the

remarks made by Alonzo J. Ransier, a representative from South

Carolina in the Forty-third Congress. In the first instance he spoke

in refutation of the allegements of certain members of the opposition

to the effect that the mass of Negroes did not want civil rights.

Ransier sought mainly to show, by the presentation[55] of data in form

of resolutions from Negro bodies and conventions, the intense desire

of the race for civil rights. During the course of these remarks,

Ransier served notice of his intention to offer to the civil rights

bill an amendment to prevent the disqualification of competent

citizens for service as jurors in any court in the nation because of

"race, color, or previous condition of servitude." The amendment would

provide also for the repeal of all laws, statutes, and ordinances,

national or State, which were devised to discriminate against any

citizen on account of color by the use of the word "white."[56]

The civil rights of the Negro found nowhere a more ardent champion

than James T. Rapier, a representative from Alabama in the Forty-third

Congress. In a speech on the measure supplementary to the civil rights

bill, Rapier made a lucid analysis of the anomalous position then

occupied by the Negro in the United States. Pointing out that Negroes

were accorded political rights without the civil, he deplored the

whole situation and challenged the truth of the statement that America

is the asylum for the oppressed. Averring that the problem was

national in scope, he asserted the constitutional authority of

Congress to solve it. Denying the contentions of Alexander H.

Stephens, of Georgia, Rapier deplored the apparent inability of that

gentleman to comprehend the new order ushered in since the formerly

sat in Congress. Stephens, he said, maintained the ideals of the old

South. Thus, despite the decision of the war that national rights are

paramount to those of the States, Stephens urged that it is the

prerogative of the States to confer civil rights upon the Negro, and

contended that such action should be left to the States. He thereby

offered no constitutional objection to the bestowal of civil rights

upon the Negro, but advanced a principle, the acceptance of which

would forever preclude his enjoying them. To this proposition Rapier

could not assent. That the Negro was considered to possess no rights

under the Constitution, he maintained, was fully demonstrated by

Kentucky and other Southern States, in which they were denied the

privilege of testifying in court against a white man, were refused the

right to education by the destruction of their schools and the

visitation of violence upon their teachers, and were prevented by the

Ku Klux Klan from exercising their right of suffrage. Such actions, he

insisted, were in conflict with the contention that the States would

eventually confer upon Negroes civil rights. In conclusion he declared

that the Negro had earned all the rights that he then exercised as

well as those enjoyed by other citizens, that the current conditions

constituted a stricture on the fair name of America, and that the

solution of the problem lay in the immediate passage by Congress of

the Civil Rights Bill then being considered.[57]

Not unlike his colleagues, Richard H. Cain, a representative from

South Carolina to the Forty-third and Forty-fifth Congresses, gave to

the matter of civil rights much of his time and energy. Replying in

part to Vance of North Carolina, Cain denied that the Civil Rights

Bill, if passed, would be without the limits of the Constitution or

that it would enforce "social equality," maintaining that the

regulation of that condition was without the province of legislation.

Cain asserted that the Negroes of South Carolina did not enjoy, in

public places, all the "rights, privileges and immunities" accorded to

other citizens and showed that the admission of Negro students to the

University of South Carolina had not effected its destruction. He did

not believe that the passage of the bill would alienate from the

Negroes the white men of the South who were then friendly to them.

Cain reviewed, furthermore, the history of the part played by the

Negro in the economic and industrial development of the nation,

pointed out the importance of giving to him, in every State, the best

possible school facilities, asserted the right of the Negro by

statutory enactment to his full civil liberties, and insisted that in

the name of justice he should demand for himself all the rights,

privileges and immunities accorded to other citizens.[58] Conforming

in principle to the doctrine that he had pronounced, Cain introduced

before Congress a bill supplementary to the Civil Rights Act.[59]

Much of the energy of James E. O'Hara, a representative from North

Carolina, in the Forty-eighth and Forty-ninth Congresses, was directed

toward the protection of the Negro in the exercise of his civil

rights.[60] During the course of his remarks on the bill to regulate

interstate commerce, he offered an amendment to the effect that any

person or persons having purchased a ticket to be conveyed from one

State to another, or paid the required fare, should receive the same

treatment and be offered equal facilities and accommodation as are

furnished all other persons holding tickets of the same class, without

discrimination. In support of this amendment, he asserted the

constitutional right of Congress to regulate commerce between the

States, and that the action contemplated by his amendment came within

the scope of this constitutional power. Denying that it was class or

race legislation, he maintained that it was in line with the

enlightened point of view of the age. The amendment was passed.[61]

His opponents, however, were not sufficiently progressive to leave his

victory intact.

A defense of the civil rights of the Negro was brought prominently to

the fore in the Fifty-first Congress. In his remarks on the affairs of

South Carolina,[62] Thomas E. Miller, a representative from that

State, declared that the Negroes of South Carolina were suffering from

several distinct causes. Among these causes he named lynch law, the

petty system of theft which deprived them of the fruits of their daily

toil, and injustice in the courts in which they had no rights where

their interests and those of the whites conflicted. He demanded for

them trial by jury, pay for their work, and the assurance that their

lynchers would not become also their legislators. These

considerations, he maintained, were of invaluable importance to the

country. Miller, furthermore, deplored the action of the Governor of

his State, which refused State aid to Negro schools and caused to be

closed certain white colleges which had the courage to consider, in a

sane way, the so-called Negro problem.

In the Fifty-fifth and Fifty-sixth Congresses, the questions of the

protection of the Negroes in the exercise of their civil rights

demanded virtually the entire attention of George H. White, who was

at that time the sole Negro member of Congress. Among his many

protests of discrimination, appeals for just treatment, and discourses

on the upright character of his race, there were no speeches more

significant nor more prophetic than his arraignment of the apathetic

manner with which Congress had greeted his bill, designed "to give to

the federal government entire jurisdiction over all cases of lynching

and death by mob violence." If, he declared, the nation is to avoid

the state of anarchy and moral decay to which conditions were then

rapidly leading, there remained no alternative, save the enactment, by

some future Congress, of a law to constitute lynching a federal

offense.[63]

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