PROTECTION OF LOYAL CITIZENS

The protection of the loyal people of the South claimed also the

attention of Negro Congressmen. When, therefore, the House had under

consideration the bill to enforce the 14th Amendment, Robert C. De

Large made eloquent remarks replying to Cox of New York, who had

denounced the "ignorant" rulers of South Carolina for their

"rapacity," which in his opinion justified the activities of the Ku

Klux Klan.[69] It was in the defense of the bill for the protection

of life and property in the South[70] that Robert B. Elliott had

occasion to speak. He showed that the argument upon the pending bill

had proceeded upon a question of constitutional law, the opponents

denying that its provisions were warranted by the Constitution of the

United States, and questioning the data upon which the proposed bill

was founded. The probable efficacy of the bill, as a measure of relief

and protection for the loyal men of the South from the extraordinary

system of oppression to which they were subjected, had not been

assailed. Elliott, therefore, undertook to prove that the proposed

bill was not obnoxious to the spirit of the Constitution, that it was

founded on reason, and that in view of the state of affairs then

existing in the South, it was, as a measure of protection, not only

warranted, but imperatively demanded.

For his first task, Elliott was compelled to sustain the position that

the government of the United States has the right, under the

Constitution, to protect a citizen of the United States in the

exercise of his vested rights as an American citizen, by the exercise

of direct force, or the assertion of immediate jurisdiction through

its courts, without the appeal of the State in which the citizen is

domiciled. Asserting the legal maxim that where power is given the

means of its execution are implied, he sought to establish that the

power had been given by Article IV of the Constitution, which imposes

upon the Federal Government the duty to protect the States against

domestic violence. He attempted, moreover, to establish by the

authority of the preamble to the Constitution the violence of the

"presumption that the majority of the people of a State may be

oppressively subordinated to the minority." To support his own

constructions of the Constitution, Elliott quoted Justice Story on

this same issue, pointed out the inconsistencies in the argument of

his chief opponent, defined within the meaning of the Constitution a

republican form of government and thereafter affirmed that the bill

in hand came within the limits of the Constitution.

Elliott had next to establish the validity of the facts upon which the

proposed bill was founded. Little difficulty, indeed, was experienced

in bringing forward convincing evidence. There were presented before

the House numerous editorials from Southern newspapers showing the

animus of the enemies of the Negro; the report of the partisan

committees of Charleston in 1868; communications appearing in the

Newberry, South Carolina, _Herald_ of July 17 in 1868; the Ku Klux

Klan order appearing in the Charleston _News_ of January 31, 1871; and

the printed allegements of leading unreconstructed Southerners, all of

which tended to indicate to what extent violence had superseded law,

and exactly how unsafe were the lives and property of the loyal people

of the South. Elliott quite properly affirmed, therefore, the urgent

need for the passage of the bill as a measure of relief and protection

to those in the South, whose liberties had been assailed.

On the political conditions in the South during the decline of the

Reconstruction régime many Congressmen spoke with seeming authority.

Two speeches of note on Southern conditions were made, during the

Forty-second Congress, by Robert Brown Elliott. On May 30, 1872, he

addressed the House on the subject of the Ku Klux Klan. In this

speech, he exposed the whole scheme of domination by violence as

effected by that element of the Southern whites who would either

"rule[71] or ruin the governments of the several States." The second

speech followed remarks by Voorhees, of Indiana, on the misconduct in

financial matters of the administration of South Carolina. Replying to

the specific charge that his party had been guilty of an over-issue of

bonds, Elliott reviewed briefly the financial history of his State for

the period in question and, in conclusion, pointed out, first, that

"in a legal sense an over-issue of bonds is an issue made in excess of

such issue authorized by law," and second, that no act of the General

Assembly of South Carolina had limited the extent of bonds to be

issued in that State.[72]

An unceasing interest in the political conditions of the South was

manifested by John R. Lynch of Mississippi throughout his three terms

in Congress. He was quite active in proposing legislation relating to

the Southern judicial districts of Mississippi, and he offered also an

amendment to the federal election laws.[73] Remarks made by him

comprehended discussions of such subjects as the political affairs of

the South, reconstruction and restoration of white rule in

Mississippi, and "the Southern Question."[74] In his analysis of the

"Southern Question," Lynch attributed the condition of the South to

certain underlying causes, namely: (1) "A continuous and unnecessary

opposition of the impracticable element within the ranks of the

Democratic Party to the system of reconstruction finally adopted by

Congress, and a stubborn refusal on their part to acquiesce in the

results of the War"; (2) "the persistent and uncharitable opposition

of this same element--the element that had obtained control of the

party organization and therefore shaped its policy--to the civil and

political rights of Negroes"; and (3) "the methods of the so-called

white-league whereby an armed military organization was maintained to

effect a condition of white supremacy." Lynch, in concluding, appealed

to the fairminded and justice-loving people of America to unite in a

common effort to eradicate these evils and secure to the Negroes the

rights that they so justly merited.

Referring to the same situation, Charles E. Nash, a representative

from Louisiana to the Forty-fourth Congress, held to be unjustified

the attacks upon the character of the white men and the integrity and

ability of Negroes in the South, who had joined purposes to promote

the principles of justice and of sectional harmony. Furthermore, he

entered a general denial of the charge that liberty in Louisiana had

been destroyed, and pointed out the need of a policy of cooperation

between the whites and blacks, to the end that the education of both

races might be fostered, that the indiscriminate and illegal killing

of Negroes might be eliminated, and that the reign of terror effected

by a union of the ruffian whites and ignorant blacks might be

prevented. Nash then extolled the record of the party in power for its

fairness to the Negro, and arraigned the attitude of the opposition to

all measures designed to ameliorate the condition of the race.

Concluding his remarks, Nash preached the sound doctrine that

sectional animosities should be buried and that all units and sections

of the nation should cooperate to the end that a greater, more humane

and more powerful America might be evolved.[75]

The most comprehensive remarks of Smalls of South Carolina concerned

the electoral vote and the policy of parties in his State.[76] In this

he pointed out that ruffians had intimidated the black voters, had

driven out the white, and had perpetrated crimes and election frauds

to the end that the political control of the State might be

recommitted to the hands of reactionaries. Concerning the frauds

committed in the election held prior to the Forty-fourth Congress,

facts and figures were presented in great detail to verify his

contentions.

During his discussion of the proposal to investigate the frauds in the

late election in Mississippi, B. K. Bruce, a senator from that State,

came fearlessly to the defense of his State government. On this

occasion, also, he put into the record valuable statistics showing the

progress of the freedmen in Mississippi. The Negroes, he believed, had

suffered on account of leadership, but they had, at that time, better

leaders who, though not all educated, yet understood the duties of

citizenship. Senator Bruce[77] believed that the thing needed was

peace and good order at the South, but it could come only by the

fullest recognition of the rights of all classes. The opposition would

have to concede the necessity of change, not only in the temper, but

in the philosophy of their party organization and management. The

sober American judgment would have to obtain in the South, as

elsewhere in the Republic, since the only distinctions upon which

parties can be safely organized in harmony with our institutions, are

differences of opinion relative to principles and policy of

government; because differences of religion, nationality, race, can

neither with safety nor propriety be permitted to enter into the party

contests. The unanimity with which the Negro voters acted with a party

was not referable to any race prejudice. On the contrary, the Negroes

invited the political cooperation of their white brethren, and voted

as a unit because proscribed as such. They deprecated the

establishment of the color line by the opposition, not only because

the act was unwise and wrong in principle, but because it isolated

them from the white man of the South and forced them in sheer

self-protection and against their inclination to act seemingly upon

the basis of race prejudice which they neither respected nor

entertained. As a class he believed they were free from prejudices and

had no uncharitable suspicions against their white fellow citizens,

whether native born or settlers from the Northern States. "When

Negroes," continued he, "can entertain opinions and select party

affiliations without proscription, and cast their ballots as other

citizens and without jeopardy to person or privilege, they can safely

afford to be governed by the considerations that ordinarily determine

the political actions of American citizens." Senator Bruce asked,

therefore, not for new laws, but rather for the enforcement of the

old. Peace in the South could come, he believed, only by guaranteeing

the protection of the law.

Replying in part to the remarks of Senator Colquitt, from Georgia,

Miller, a representative from South Carolina in the Fifty-first

Congress, spoke impressively on the subject, "Southern Affairs."[78]

The colleague of Miller in this Congress, John M. Langston of

Virginia, spoke at great length on the federal election laws, pointing

out the need for an adequate legislation and its proper

enforcement.[79] He offered, moreover, a measure directing an inquiry

relative to the instructions of the Attorney-General concerning

elections.

To the bill to repeal all statutes relating to supervisors of

elections and special deputy marshals, George W. Murray, a member of

the Fifty-third and Fifty-fourth Congresses, took vigorous

exception.[80] Asserting that such action would have the effect of

promoting the election frauds of the reactionaries in the South, and

that already in the States of Louisiana, Mississippi, and South

Carolina, a decided minority of the voting population of each

Congressional district elected regularly the representative to

Congress, he maintained that the present law should not only remain

unchanged, but rather, be vigorously enforced. He introduced,

moreover, measures designed to assure minority representation in

federal elections[81] and to investigate the political conditions in

the State of South Carolina.

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