CHAPTER I

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CONTEMPORARY AMERICAN HISTORY

1877-1913

by

CHARLES A. BEARD

Associate Professor Of Politics in Columbia University

New York

The Macmillan Company

1914

All rights reserved

Copyright, 1914,

By The Macmillan Company.

Set up and electrotyped. Published February, 1914.

Norwood Press

J. S. Cushing Co.--Berwick & Smith Co.

Norwood, Mass., U.S.A.

PREFACE

In teaching American government and politics, I constantly meet large

numbers of students who have no knowledge of the most elementary facts

of American history since the Civil War. When they are taken to task for

their neglect, they reply that there is no textbook dealing with the

period, and that the smaller histories are sadly deficient in their

treatment of our age.

It is to supply the student and general reader with a handy guide to

contemporary history that I have undertaken this volume. I have made no

attempt to present an "artistically balanced" account of the last

thirty-five years, but have sought rather to furnish a background for

the leading issues of current politics and to enlist the interest of the

student in the history of the most wonderful period in American

development. The book is necessarily somewhat "impressionistic" and in

part it is based upon materials which have not been adequately sifted

and evaluated. Nevertheless, I have endeavored to be accurate and fair,

and at the same time to invite on the part of the student some of that

free play of the mind which Matthew Arnold has shown to be so helpful in

literary criticism.

Although the volume has been designed, in a way, as a textbook, I have

thrown aside the methods of the almanac and chronicle, and, at the risk

of displeasing the reader who expects a little about everything

(including the Sioux war and the San Francisco earthquake), I have

omitted with a light heart many of the staples of history in order to

treat more fully the matters which seem important from the modern point

of view. I have also refused to mar the pages with black type, paragraph

numbers, and other "apparatus" which tradition has prescribed for

"manuals." Detailed election statistics and the guide to additional

reading I have placed in an appendix.

In the preparation of the book, I have made extensive use of the volumes

by Professors Dunning, Sparks, Dewey, and Latane, in the American Nation

Series, and I wish to acknowledge once for all my deep debt to them. My

colleague, Mr. B. B. Kendrick, read all of the proofs and saved me from

many an error. Professor R. L. Schuyler gave me the benefit of his

criticisms on part of the proof. To Dr. Louis A. Mayers, of the College

of the City of New York, I am under special obligations for valuable

suggestions as to arrangement and for drafting a large portion of

Chapter III. The shortcomings of the book fall to me, but I shall be

recompensed for my indiscretions, if this volume is speedily followed by

a number of texts, large and small, dealing with American history since

the Civil War. It is showing no disrespect to our ancestors to be as

much interested in our age as they were in theirs; and the doctrine that

we can know more about Andrew Jackson whom we have not seen than about

Theodore Roosevelt whom we have seen is a pernicious psychological

error.

CHARLES A. BEARD.

COLUMBIA UNIVERSITY,

November, 1913.

TABLE OF CONTENTS

CHAPTER PAGE

I. THE RESTORATION OF WHITE DOMINION IN THE SOUTH 1

II. THE ECONOMIC REVOLUTION 27

III. THE REVOLUTION IN POLITICS AND LAW 50

IV. PARTIES AND PARTY ISSUES, 1877-1896 90

V. TWO DECADES OF FEDERAL LEGISLATION, 1877-1896 117

VI. THE GROWTH OF DISSENT 143

VII. THE CAMPAIGN OF 1896 164

VIII. IMPERIALISM 199

IX. THE DEVELOPMENT OF CAPITALISM 229

X. THE ADMINISTRATIONS OF THEODORE ROOSEVELT 254

XI. THE REVIVAL OF DISSENT 283

XII. MR. TAFT AND REPUBLICAN DISINTEGRATION 317

XIII. THE CAMPAIGN OF 1912 344

APPENDIX 382

BIBLIOGRAPHY 383

INDEX 391

CONTEMPORARY AMERICAN HISTORY

CHAPTER I

THE RESTORATION OF WHITE DOMINION IN THE SOUTH

When President Hayes was inaugurated on March 4, 1877, the southern

whites had almost shaken off the Republican rule which had been set up

under the protection of Federal soldiers at the close of the Civil War.

In only two states, Louisiana and South Carolina, were Republican

governors nominally in power, and these last "rulers of conquered

provinces" had only a weak grip upon their offices, which they could not

have maintained for a moment without the aid of Union troops stationed

at their capitals. By secret societies, like the Ku Klux Klan, and by

open intimidation, the conservative whites had practically recovered

from the negroes, whom the Republicans had enfranchised, the political

power which had been wrested from the old ruling class at the close of

the War. In this nullification of the Fifteenth Amendment to the Federal

Constitution and other measures designed to secure the suffrage for the

former bondmen, President Grant had acquiesced, and it was openly

rumored that Hayes would put an end to the military regime in Louisiana

and South Carolina, leaving the southern people to fight out their own

battles.

Nevertheless, the Republicans in the North were apparently loath to

accept accomplished facts. In their platform of 1876, upon which Hayes

was elected, they recalled with pride their achievement in saving the

Union and purging the land of slavery; they pledged themselves to pacify

the South and protect the rights of all citizens there; they pronounced

it to be a solemn obligation upon the Federal government to enforce the

Civil War amendments and to secure "to every citizen complete liberty

and exact equality in the exercise of all civil, political, and public

rights." Moreover, they charged the Democratic party with being "the

same in character and spirit as when it sympathized with treason."

But this vehement declaration was only the death cry of the gladiators

of the radical Republican school. Stevens and Sumner, who championed the

claims of the negroes to full civil and political rights, were gone; and

the new leaders, like Conkling and Blaine, although they still waxed

eloquent over the wrongs of the freedmen, were more concerned about the

forward swing of railway and capitalist enterprises in the North and

West than they were about maintaining in the South the rule of a handful

of white Republicans supported by negro voters. Only a few of the

old-school Republicans who firmly believed in the doctrine of the

"natural rights" of the negro, and the officeholders and speculators who

were anxious to exploit the South really in their hearts supported a

continuance of the military rule in "the conquered provinces."

Moreover, there were special circumstances which made it improbable that

President Hayes would permit the further use of troops in Louisiana and

South Carolina. His election had been stoutly disputed and it was only a

stroke of good fortune that permitted his inauguration at all. It was

openly charged that his managers, during the contest over the results of

the election in 1876, had promised the abolition of the military regime

in the South in return for aid on the part of certain Democrats in

securing a settlement of the dispute in his favor. Hayes himself had,

however, maintained consistently that vague attitude so characteristic

of practical politicians. In his speech of acceptance, he promised to

help the southern states to obtain "the blessings of honest and capable

self-government." But he added also that the advancement of the

prosperity of those states could be made most effectually by "a hearty

and generous recognition of the rights of all by all." Moreover, he

approved a statement by one of his supporters to the effect that he

would restore all freemen to their rights as citizens and at the same

time obliterate sectional lines--a promise obviously impossible to

fulfill.

Whether there was any real "bargain" between Hayes and the Democratic

managers matters little, for the policy which he adopted was inevitable,

sooner or later, because there was no active political support even in

the North for a contrary policy. A few weeks after his inauguration

Hayes sent a commission of eminent men to Louisiana to investigate the

claims of the rival governments there--for there were two legislatures

and two governors in that commonwealth contending for power. The

commission found that the Republican administration, headed by Governor

Packard, was little more than a sham, and advised President Hayes of

the fact. Thereupon the President, on April 9, 1877, ordered the

withdrawal of the Federal troops from the public buildings, and

Louisiana began the restoration of her shattered fortunes under the

conservative white leadership. A day later, the President also withdrew

the troops from the capitol at Columbia, South Carolina, and the

Democratic administration under Governor Wade Hampton, a former

Confederate veteran, was duly recognized. Henceforward, the freedmen of

the South were to depend upon the generosity of the whites and upon

their own collective efforts, aided by their sympathizers, for whatever

civil and political rights they were permitted to enjoy.

_The Disfranchisement of the Negro_

Having secured the abolition of direct Federal military interference

with state administrations in the South, the Democrats turned to the

abrogation of the Federal election laws that had been passed in

1870-1871, as a part of the regular reconstruction policy for protecting

the negroes in the exercise of the suffrage. These election laws

prescribed penalties for intimidation at the polls, provided for the

appointment, by Federal circuit courts, of supervisors charged with the

duty of scrutinizing the entire election process, and authorized the

employment of United States marshals, deputies, and soldiers to support

and protect the supervisors in the discharge of their duties and to keep

the peace at the polls.

These laws, the Republican authors urged, were designed to safeguard

the purity of the ballot, not only in the South but also in the North,

and particularly in New York, where it was claimed that fraud was

regularly employed by the Democratic leaders. John Sherman declared that

the Democrats in Congress would be a "pitiful minority, if those elected

by fraud and bloodshed were debarred," adding that, "in the South one

million Republicans are disfranchised." Democrats, on the other hand,

replied that these laws were nothing more than a part of a gigantic

scheme originated by the Republicans to fasten their rule upon the

country forever by systematic interference with elections. Democratic

suspicions were strengthened by reports of many scandals--for instance,

that the supervisors in Louisiana under the Republican regime had

registered "eight thousand more colored voters than there were in the

state when the census was taken four years later." Undoubtedly, there

were plenty of frauds on both sides, and it is an open question whether

Federal interference reduced or increased the amount.

At all events, the Democrats, finding themselves in a majority in the

House of Representatives in 1877, determined to secure the repeal of the

"force laws," and in their desperation they resorted to the practice of

attaching their repeal measures to appropriation bills in the hope of

compelling President Hayes to sign them or tying up the wheels of

government by a stoppage in finances. Hayes was equal to the occasion,

and by a vigorous use of the veto power he defeated the direct assaults

of the Democrats on the election laws. At length, however, in June,

1878, he was compelled to accept a "rider" in the form of a proviso to

the annual appropriation bill for the army making it impossible for

United States marshals to employ federal troops in the execution of the

election laws. While this did not satisfy the Democrats by any means,

because it still left Federal supervision under the marshals, their

deputies and the election supervisors, it took away the main prop of the

Republicans in the South--the use of troops at elections.

The effect of this achievement on the part of the Democrats was apparent

in the succeeding congressional election, for they were able to carry

all of the southern districts except four. This cannot be attributed,

however, entirely to the suppression of the negro vote, for there was a

general landslide in 1878 which gave the Democrats a substantial

majority in both the House and the Senate. Inasmuch as a spirit of

toleration was growing up in Congress, the clause of the Fourteenth

Amendment excluding from Congress certain persons formerly connected

with the Confederacy, was not strictly enforced, and several of the most

prominent and active representatives of the old regime found their way

into both houses. Under their vigorous leadership a two years' political

war was waged between Congress and the President over the repeal of the

force bills, but Hayes won the day, because the Democrats could not

secure the requisite two-thirds vote to carry their measures against the

presidential veto.

However, the Supreme Court had been undermining the "force laws" by

nullifying separate sections, although it upheld the general principle

of the election laws against a contention that elections were wholly

within the control of state authorities. In the case of United States

_v._ Reese, the Court, in 1875, declared void two sections of the law of

1870 "because they did not strictly limit Federal jurisdiction for

protection of the right to vote to cases where the right was denied _by

a state_," but extended it to denials by private parties. In the same

year in the case of United States _v._ Cruikshank the Court gave another

blow to Federal control, in the South. A number of private citizens in

Louisiana had waged war on the blacks at an election riot, and one of

them, Cruikshank, was charged with conspiracy to deprive negroes of

rights which they enjoyed under the protection of the United States. The

Supreme Court, however, held that the Federal government had no

authority to protect the citizens of a state _against one another_, but

that such protection was, as always, a duty of the state itself. Seven

years later the Supreme Court, in the case of United States _v._ Harris,

declared null that part of the enforcement laws which penalized

conspiracies of two or more citizens to deprive another of his rights,

on the same ground as advanced in the Louisiana case.[1]

On the withdrawal of Federal troops and the open abandonment of the

policy of military coercion, the whites, seeing that the Federal courts

were not inclined to interfere, quickly completed the process of

obtaining control over the machinery of state government. That process

had been begun shortly after the War, taking the form of intimidation

at the polls. It was carried forward another step when the "carpet

baggers" and other politicians who had organized and used the negro vote

were deprived of Federal support and driven out. When this active

outside interference in southern politics was cut off, thousands of

negroes stayed away from the polls through sheer indifference, for their

interest in politics had been stimulated by artificial forces--bribery

and absurd promises. Intimidation and indifference worked a widespread

disfranchisement before the close of the seventies.

These early stages in the process of disfranchisement were described by

Senator Tillman in his famous speech of February 26, 1900. "You stood up

there and insisted that we give these people a 'free vote and a fair

count.' They had it for eight years, as long as the bayonets stood

there.... We preferred to have a United States army officer rather than

a government of carpet baggers and thieves and scallywags and scoundrels

who had stolen everything in sight and mortgaged posterity; who had run

their felonious paws into the pockets of posterity by issuing bonds.

When that happened we took the government away. We stuffed the ballot

boxes. We shot them. We are not ashamed of it. With that system--force,

tissue ballots, etc.--we got tired ourselves. So we had a constitutional

convention, and we eliminated, as I said, all of the colored people whom

we could under the Fourteenth and Fifteenth Amendments." The experience

of South Carolina was duplicated in Mississippi. "For a time," said the

Hon. Thomas Spight, of that state, in Congress, in 1904, "we were

compelled to employ methods that were extremely distasteful and very

demoralizing, but now we are accomplishing the same and even better

results by strictly constitutional and legal procedure." It should be

said, however, that in the states where the negro population was

relatively smaller, violence was not necessary to exclude the negroes

from the polls.

A peaceful method of disfranchising negroes and poor whites was the

imposition of a poll tax on voters. Negroes seldom paid their taxes

until the fight over prohibition commenced in the eighties and nineties.

Then the liquor interests began to pay the negroes' poll taxes and by a

generous distribution of their commodities were able to carry the day at

the polls. Thereupon the prohibitionists determined to find some

effective constitutional means of excluding the negroes from voting.

This last stage in the disfranchisement process--the disqualification of

negroes by ingenious constitutional and statutory provisions--was

hastened by the rise during the eighties and nineties of the radical or

Populist party in the South, which evenly balanced the Democratic party

in many places and threatened for a time to disintegrate the older

organization. In this contest between the white factions a small number

of active negroes secured an extraordinary influence in holding the

balance of power; and both white parties sought to secure predominance

by purchasing the venal negro vote which was as large as, or perhaps

larger than, the venal white vote in such northern states as

Connecticut, Rhode Island, or Indiana. The conservative wing of the

white population was happy to take advantage of the prevailing race

prejudice to secure the enactment of legislation disfranchising a

considerable number of the propertyless whites as well as the negroes;

and the radicals grew tired of buying negro voters.

Out of this condition of affairs came a series of constitutional

conventions which devised all sorts of restrictions to exclude the

negroes and large numbers of the "lower classes" from voting altogether,

without directly violating the Fifteenth Amendment to the Federal

Constitution providing against disfranchisement on account of race,

color, or previous condition of servitude.

The series of conventions opened in Mississippi in 1890, where the

Populistic whites were perhaps numerically fewest. At that time

Mississippi was governed under the constitution of 1868, which provided

that no property or educational test should be required of voters, at

least not before 1885, and also stipulated that no amendment should be

made except by legislative proposal ratified by the voters.

Notwithstanding this provision, the legislature in February, 1890,

called a convention to amend the constitution "or enact a new

constitution." This convention proceeded to "ordain and establish" a new

frame of government, without referring it to the voters for

ratification; and the courts of the state set judicial sanction on the

procedure, saying that popular ratification was not necessary. This

constitution provides that every elector shall, in addition to

possessing other qualifications, "be able to read any section of the

constitution of this state; or he shall be able to understand the same

when read to him or to give a reasonable interpretation thereof." Under

such a general provision everything depends upon the attitude of the

election officials toward the applicants for registration, for it is

possible to disfranchise any person, no matter how well educated, by

requiring the "interpretation" of some obscure and technical legal

point.

Five years later South Carolina followed the example of Mississippi, and

by means of a state convention enacted a new constitution disfranchising

negroes; and put it into force without submitting it to popular

ratification.[2] The next year (1896) the legislature of Louisiana

called a convention empowered to frame a new constitution and to put it

into effect without popular approval. This movement was opposed by the

Populists, one of whom declared in the legislature that it was "a step

in the direction of taking the government of this state out of the hands

of the masses and putting it in the hands of the classes." In spite of

the opposition, which was rather formidable, the convention was

assembled, and ordained a new frame of government (1898) disfranchising

negroes and many whites. The Hon. T. J. Symmes, addressing the

convention at the close, frankly stated that their purpose was to

establish the supremacy of the Democratic party as the white man's

party.

Four principal devices are now employed in the several constitutional

provisions disfranchising negroes: (1) a small property qualification,

(2) a prerequisite that the voter must be able to read any section of

the state constitution or explain it, when read, to the satisfaction of

the registering officers, (3) the "grandfather clause," as in Louisiana

where any person, who voted on or before 1867 or the son or grandson of

such person, may vote, even if he does not possess the other

qualifications; and (4) the wide extension of disfranchisement for

crimes by including such offenses as obtaining money under false

pretenses, adultery, wife-beating, petit larceny, fraudulent breach of

trust, among those which work deprivation of the suffrage.

The effect of these limitations on the colored vote has been to reduce

it seriously in the far South. If the negro has the amount of taxable

property required by the constitution, he is caught by the provision

which requires him to explain a section of the state constitution to the

satisfaction of the white registering officers. The meanest white,

however, can usually get through the net with the aid of his

grandfather, or by showing his expertness in constitutional law. Mr. J.

C. Rose has published the election statistics for South Carolina and

Mississippi;[3] it appears that in those states there were, in 1900,

about 350,796 adult male negroes and that the total Republican vote in

both commonwealths in the national election of that year was only 5443.

At a rough guess perhaps 2000 votes of this number were cast by white

men, and the conclusion must be that about ninety-nine out of every

hundred negroes failed to vote for President in those states. It is

fair to state, however, that indifference on the part of the negroes was

to some extent responsible for the small vote.

The legal restrictions completed the work which had been begun by

intimidation. Under the new constitution of 1890 in Mississippi, only

8615 negroes out of 147,000 of a voting age were registered. In four

years, the number registered in Louisiana fell from 127,000 in 1896 to

5300 in 1900. This was the exact result which the advocates of white

supremacy desired to attain, and in this they were warmly supported by

eminent Democrats in the North. "The white man in the South," said Mr.

Bryan in a speech in New York, in 1908, "has disfranchised the negro in

self-protection; and there is not a Republican in the North who would

not have done the same thing under the same circumstances. The white men

of the South are determined that the negro will and shall be

disfranchised everywhere it is necessary to prevent the recurrence of

the horrors of carpet bag rule."

Several attempts have been made to test the constitutionality of these

laws in the Supreme Court of the United States, but that tribunal has

been able to avoid coming to a direct decision on the merits of the

particular measures--and with a convincing display of legal reasoning.

The Constitution of the United States simply states that no citizen

shall be deprived of the right to vote on account of race, color, or

previous condition of servitude, and that the representation of any

state in Congress shall be reduced in the proportion to which it

deprives adult male citizens of the franchise. The ingenious provisions

of the southern constitutions do not deprive the negro of the right to

vote on account of his color, but on account of his grandfather, or his

inability to expound the constitution, or his poverty. In one of the

cases before the Supreme Court, the plaintiff alleged that the Alabama

constitution was in fact designed to deprive the negro of the vote, but

the Court answered that it could not afford the remedy, that it could

not operate the election machinery of the state, and that relief would

have to come from the state itself, or from the legislative and

political departments of the Federal government.[4]

_Social Discrimination against the Negro_

The whites in the South were even less willing to submit to anything

approaching social equality with the negro than they were to accept

political equality. Discriminations against the negro in schools, inns,

theaters, churches, and other public places had been common in the North

both before and after the Civil War, and had received judicial sanction;

and it may well be imagined that the southern masters were in no mood,

after the War, to be put on the same social plane as their former

slaves, and the poor whites were naturally proud of their only

possession--a white skin. Knowing full well that this temper prevailed

in the South the radical Republicans in Congress had pushed through on

March 1, 1875, a second Civil Rights Act designed to establish a certain

social equality, so far as that could be done by law.

The spirit of this act was reflected in the preamble: "Whereas it is

essential to just government, we recognize the equality of all men

before the law, and hold that it is the duty of government in its

dealings with the people to mete out equal and exact justice to all, of

whatever nativity, race, color, or persuasion, religious or political;

and it being the appropriate object of legislation to enact great

fundamental principles into law." After this profession of faith, the

act proceeds to declare that all persons within the jurisdiction of the

United States shall be entitled to the full and equal enjoyment of the

accommodations, advantages, facilities, and privileges of inns, public

conveyances on land or water, theaters and other places of amusement,

subject to limitations applied to all alike, regardless of race or

color. The act further provided that in the selection of jurors no

discrimination should be made on account of race, color, or previous

condition of servitude under a penalty of not more than $5,000.

Jurisdiction over offenses was conferred upon the district and circuit

courts of the United States, and heavy penalties were imposed upon those

who violated the law. This measure was, of course, hotly resisted, and,

in fact, nullified everywhere throughout the Union, north and

south--except in some of the simple rural regions.

The validity of the act came before the Supreme Court for adjudication

in the celebrated Civil Rights Cases in 1883 and a part of the law was

declared unconstitutional in an opinion of the Court rendered by Mr.

Justice Bradley. According to his view, the Fourteenth Amendment did not

authorize Congress to legislate upon subjects which were in the domain

of state legislation--that is to create a code of municipal law for the

regulation of private rights; but it merely authorized Congress to

provide modes of relief against state legislation and the action of

state officers, executive or judicial, which were subversive of the

fundamental rights specified in the amendment. "Until some state law has

been passed," he said, "or some state action through its officers or

agents has been taken, adverse to the rights of citizens sought to be

protected by the Fourteenth Amendment, no legislation of the United

States under said Amendment, nor any proceeding under such legislation

can be called into activity: for the prohibitions of the Amendment are

against state laws and acts done under state authority."

The question as to whether the equal enjoyment of the accommodations in

inns, conveyances, and places of amusement was an essential right of the

citizen which no state could abridge or interfere with, Justice Bradley

declined to examine on the ground that it was not necessary to the

decision of the case. He did, however, inquire into the proposition as

to whether Congress, in enforcing the Thirteenth Amendment abolishing

slavery and involuntary servitude, could secure the social equality

contemplated by the act, under the color of sweeping away all the badges

and incidents of slavery. And on this point he came to the conclusion

that mere discriminations on account of race or color could not be

regarded as badges of slavery. "There were," he added, "thousands of

free colored people in this country before the abolition of slavery,

enjoying all of the essential rights of life, liberty, and property the

same as white citizens; and yet no one at that time thought that it was

any invasion of his personal status as a freeman because he was not

admitted to all of the privileges enjoyed by white citizens, or because

he was subjected to discriminations in the enjoyment of accommodations

in inns, public conveyances, and places of amusement."

Clearly, there was no authority in either the Thirteenth or Fourteenth

Amendment for the section of the Civil Rights Act relative to inns,

conveyances, and places of amusement, at least so far as its operation

in the several states was concerned. If, however, any state should see

fit to make or authorize unlawful discriminations amenable to the

prohibitions of the Fourteenth Amendment, Congress had the power to

afford a remedy or the courts in enforcing the Amendment could give

judicial relief. Thus, while the Justice did not definitely say that the

elements of social equality provided in the Civil Rights Act were not

guaranteed by the Fourteenth Amendment, his line of reasoning and his

language left little doubt as to what was the view of the Court.

Section four of the Civil Rights Act forbidding, under penalty,

discrimination against any person on account of race, color, or previous

condition of servitude in the selection of jurors had been passed upon

by the Supreme Court in the case of _Ex parte_ Virginia, decided in

1879, in which the section was held to be constitutional as providing

not a code of municipal law for the regulation of private rights, but a

mode of redress against the operation of state laws. The ground of

distinction between the two cases is clear. A section forbidding

discrimination in inns and conveyances is in the nature of a code of

private law, but a section forbidding discrimination in the selection of

jurors under penalty simply provides a mode of redress against

violations of the Fourteenth Amendment by state authorities.

Undoubtedly there is an admissible distinction between discrimination

against negroes in the selection of juries and the discrimination

against them in inns and public conveyances, for the former may have

definite connection with the security of those civil rights of person

and property--as distinct from social rights--which the Fourteenth

Amendment was clearly designed to enforce. This was the principle which

was brought out by the Court in the two decisions.[5] But if Justice

Bradley in the Civil Rights cases had frankly made the distinction

between _civil_ and _social_ rights, and declared the act

unconstitutional on the ground that it attempted to secure social rights

which the Fourteenth Amendment was not intended to establish, then the

decisions of the Court would have been far more definite in character.

Even if the Supreme Court had not declared the social equality provision

of the Civil Rights Act unconstitutional, it is questionable whether any

real attempt would have been made to enforce it. As it turned out, the

Court gave judicial sanction to a view undoubtedly entertained by the

major portion of the whites everywhere, and it encouraged the South to

proceed with further discriminatory legislation separating the races in

all public and quasi-public places. Railroads and common carriers were

compelled to provide separate accommodations for whites and blacks, "Jim

Crow Cars," as they are called in popular parlance, and to furnish

special seats in street railway cars. These laws have also been upheld

by the courts; but not without a great strain on their logical

faculties.

Undoubtedly there are mixed motives behind such legislation. It is in

some part a class feeling, for whites are allowed to take their colored

servants in the regular coaches and sleeping cars. Nevertheless, the

race feeling unquestionably predominates. As the author of the Louisiana

"Jim Crow Car" law put it: "It is not only the desire to separate the

whites and blacks on the railroads for the comfort it will provide, but

also for the moral effect. The separation of the races is one of the

benefits, but the demonstration of the superiority of the white man over

the negro is the greater thing. There is nothing that shows it more

conclusively than the compelling of negroes to ride in cars marked for

their especial use."

_The Attitude of the North_

Although all possibility of northern interference with the southern

states in the management of their domestic affairs seemed to have

disappeared by Cleveland's first administration, the negro question was

continuously agitated by Republican politicians, and at times with great

vigor. They were much distressed at losing their Federal patronage

after the election of Cleveland in 1884; and this first Democratic

presidential victory after the War led many of them to believe that they

could recover their lost ground only by securing to the negro the right

to vote. The Republicans were also deeply stirred by the

over-representation of the South in the House of Representatives under

the prevailing system of apportionment. They pointed out that the North

was, in this respect, at even a greater disadvantage than before the

Civil War and emancipation.

Under the original Constitution of the United States, only three fifths

of the slaves were counted in apportioning representatives among the

states; under the Fourteenth Amendment all the negroes were counted,

thus enlarging the representation of the southern states. And yet the

negroes were for practical purposes as disfranchised as they were when

they were in servitude. It was pointed out that "in the election of 1888

the average vote cast for a member of Congress in five southern states

was less than eight thousand; in five northern states, over thirty-six

thousand. Kansas, which cast three times the vote of South Carolina, had

only the same number of congressmen." The discrepancy tended to

increase, if anything. In 1906, a Mississippi district with a population

of 232,174 cast 1540 votes, while a New York district with 215,305 cast

29,119 votes.

The Republicans have several times threatened to alter this anomalous

condition of affairs. In 1890, Mr. Lodge introduced in the House of

Representatives a bill providing for the appointment of federal election

commissioners, on petition of local voters, endowed with powers to

register and count all votes, even in the face of the opposition of

local officers. This measure, which passed the House, was at length

killed in the Senate. In their platform of 1904, the Republicans

declared in favor of restoring the negro to his rights under the

Constitution, and for political purposes the party in the House later

coupled a registration and election law with the measure providing for

publicity of campaign contributions. It was not acted upon in the

Senate. In 1908, the Republicans in their platform declared "once more

and without reservation, for the enforcement in letter and spirit of the

Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution

which were designed for the protection and advancement of the negro,"

and condemned all devices designed to disfranchise him on grounds of

color alone. Although they have been in possession of all branches of

the Federal government several times, the Republicans have deemed it

inexpedient to carry out their campaign promises.

With the decline in the influence of the Civil War veterans in politics,

the possibility of Federal interference has steadily decreased. The

North had never been abolitionist in temper or political belief, as the

vote of the Free Soil party demonstrates. The Republican party was a

homestead, railway, and protectionist party opposed to slavery in the

territories, and its great leader, Lincoln, had long been on record as

opposed to political and social equality for the negro. Emancipation had

come as a stroke of fortune--not because a majority of the people had

deliberately come to the conclusion that it was a measure of justice. As

in the French Revolution at its height, the extreme radicals forged to

the front for a time, so during the Civil War and its aftermath,

"radical" Republicans held the center of the stage and gave to politics

a flavor of talk about "human rights" which was foreign to practical

statesmen like Clay and Webster. In a little while, practical men came

to the helm once more, and they were primarily interested in economic

matters--railways, finance, tariff, corporations, natural resources, and

western development. The cash nexus with the South was formed once more,

and made far stronger and subtler than in olden days. Agitation of the

negro question became bad form in the North, except for quadrennial

political purposes.

_The Negro Problem_

Thus the negro, suddenly elevated to a great height politically, was

almost as suddenly dropped by his new friends and thrown largely upon

his own ingenuity and resources for further advance. His emancipation

and enfranchisement had come almost without effort on his own part,

without that development of economic interest and of class consciousness

that had marked the rise of other social strata to political power. It

was fortuitous and had no solid foundation. It became evident,

therefore, that any permanent advance of the race must be built on

substantial elements of power in the race itself. The whites might help

with education and industrial training, but the hope of the race lay in

the development of intellectual and economic power on its own account.

In relative numerical strength the negro is not holding his own, because

of the large immigration from Europe. In 1790, the negro population

formed 19.3 per cent of the whole, and since that time it has almost

steadily declined, reaching at the last census 10.7 per cent of the

whole. Even in the southern states where the stream of foreign

immigration is the least, the negro population has fallen from 35.2 per

cent in 1790 to 29.8 per cent in 1910. In education, the negro has

undoubtedly made great progress since the War, but it must be remembered

that he was then at the bottom of the scale. The South, though poor as

compared with the North, has made large expenditures for negro

education, but it is authoritatively reported that "nearly half of the

negro children of school age in the South never get inside of the

schoolhouse."[6] The relative expenditures for the education of white

and colored children there are not ascertainable, but naturally the

balance is heavily in favor of the former. When we recall, however, the

total illiteracy of the race under slavery and then discover that in

1910 there was an average daily attendance of 1,105,629 colored children

in the southern schools, we cannot avoid the conclusion that decided

changes are destined to be made in the intellectual outlook of the race.

Reports also show that negroes are accumulating considerable property

and are becoming in large numbers the holders of small farms.

Nevertheless a very careful scholar, Dr. Walter Willcox, believes that

the figures "seem to show that the negro race at the South, in its

competition with the whites, lost ground between 1890 and 1900 in the

majority of skilled occupations which can be distinguished by the aid of

the census figures." Taking the economic status of the race as a whole,

the same authority adds: "The conclusion to which I am brought is that

relatively to the whites in the South, if not absolutely as measured by

any conceivable standard, the negro as a race is losing ground, is being

confined more and more to the inferior and less remunerative

occupations, and is not sharing proportionately to his numbers in the

prosperity of the country as a whole or of the section in which he

mainly lives."

The conclusions of the statistician are confirmed by the impressions of

such eminent champions of the negro as Dr. W. B. Dubois and Mr. Thomas

Fortune. The former declares that "in well-nigh the whole rural South

the black farmers are peons, bound by law and custom to an economic

slavery, from which the only escape is death or the penitentiary." The

latter holds that the negro has simply passed from chattel to industrial

slavery "with none of the legal and selfish restraints upon the employer

which surrounded and actuated the master." These writers attribute the

slow advance of the race to the bondage of law and prejudice to which it

is subjected in the South, and everywhere in the country, as a matter of

fact. Whatever the cause may be, there seems to be no doubt that the

colored race has not made that substantial economic advance and achieved

that standard of life which its friends hoped would follow from

emancipation. Those writers who emphasize heredity in social evolution

point to this as an evidence of the inherent disabilities of the race;

while those who emphasize environment point out the immense handicap

everywhere imposed on the race by law, custom, and prejudice.

Whatever may be the real truth about the economic status of the race,

and after all it is the relative progress of the mass that determines

the future of the race, there can be no doubt that there is an

increasing "race consciousness" which will have to be reckoned with. The

more conservative school, led by Booker T. Washington, is working to

secure for the negro an industrial training that will give him some kind

of an economic standing in the community, and if this is achieved for

large numbers, a radical change in social and political outlook will

follow, unless all signs of history fail. On the other hand, there is

growing up a radical party, under the inspiration of Dr. W. B. Dubois,

which pleads for unconditional political and social equality as a

measure of immediate justice. Dr. Dubois demands "the raising of the

negro in America to full rights and citizenship. And I mean by this no

halfway measures; I mean full and fair equality. That is, a chance to

work regardless of color, to aspire to position and preferment on the

basis of desert alone, to have the right to use public conveniences, to

enter public places of amusement on the same terms as other people, and

to be received socially by such persons as might wish to receive them."

With both of these influences at work and all the forces of modern life

playing upon the keener section of the colored population, nothing but

congenital disabilities can prevent a movement which ruling persons,

North and South, will have to take into account. How serious this

movement becomes depends, however, upon the innate capacity of colored

masses to throw off the shiftlessness and indifference to high standards

of life that, their best friends admit, stand in the way of their

gaining a substantial economic basis, without which any kind of a solid

political superstructure is impossible. The real negro question now is:

"Can the race demonstrate that capacity for sustained economic activity

and permanent organization which has lifted the white masses from

serfdom?"

FOOTNOTES:

[1] In 1894 the Democrats during Cleveland's administration completed

the demolition of the system by repealing the remaining provisions.

[2] Disfranchising provisions were adopted in other southern states as

follows: North Carolina, in 1900; Alabama and Virginia, in 1901;

Georgia, in 1908. See Lobingier, _The People's Law_, pp. 301 ff.; W. F.

Dodd, _Revision and Amendment of State Constitutions_.

[3] _The Political Science Review_, November, 1906, p. 20.

[4] Giles _v._ Harris, 189 U. S., 474.

[5] See a Massachusetts case decided before the Civil War upholding

similar discriminations against negroes. Thayer, _Cases on

Constitutional Law_, Vol. I, p. 576.

[6] This is partly due to the absence of compulsory attendance laws.

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