The Wife of his Youth and Other Stories of the Color Line, and Selected Essays

Another obstacle to race fusion lies in the drastic and increasing proscriptive legislation by which the South attempts to keep the white and colored races apart in every place where their joint presence might be taken to imply equality; or, to put it more directly, the persistent effort to degrade the Negro to a distinctly and permanently inferior caste. This is undertaken by means of separate schools, separate railroad and street cars, political disfranchisement, debasing and abhorrent prison systems, and an unflagging campaign of calumny, by which the vices and shortcomings of the Negroes are grossly magnified and their virtues practically lost sight of. The popular argument that the Negro ought to develop his own civilization, and has no right to share in that of the white race, unless by favor, comes with poor grace from those who are forcing their civilization upon others at the cannon's mouth; it is, moreover, uncandid and unfair. The white people of the present generation did not make their civilization; they inherited it ready-made, and much of the wealth which is so strong a factor in their power was created by the unpaid labor of the colored people. The present generation has, however, brought to a high state of development one distinctively American institution, for which it is entitled to such credit as it may wish to claim; I refer to the custom of lynching, with its attendant horrors.

The principal deterrent to race admixture, however, is the low industrial and social efficiency of the colored race. If it be conceded that these are the result of environment, then their cause is not far to seek, and the cure is also in sight. Their poverty, their ignorance and their servile estate render them as yet largely ineligible for social fusion with a race whose pride is fed not only by the record of its achievements but by a constant comparison with a less developed and less fortunate race, which it has held so long in subjection.

The forces that tend to the future absorption of the black race are, however, vastly stronger than those arrayed against it. As experience has demonstrated, slavery was favorable to the mixing of races. The growth, under healthy civil conditions, of a large and self-respecting colored citizenship would doubtless tend to lessen the clandestine association of the two races; but the effort to degrade the Negro may result, if successful, in a partial restoration of the old status. But, assuming that the present anti-Negro legislation is but a temporary reaction, then the steady progress of the colored race in wealth and culture and social efficiency will, in the course of time, materially soften the asperities of racial prejudice and permit them to approach the whites more closely, until, in time, the prejudice against intermarriage shall have been overcome by other considerations.

It is safe to say that the possession of a million dollars, with the ability to use it to the best advantage, would throw such a golden glow over a dark complexion as to override anything but a very obdurate prejudice. Mr. Spahr, in his well-studied and impartial book on America's Working People, states as his conclusion, after a careful study of conditions in the South, that the most advanced third of the Negroes of that section has already, in one generation of limited opportunity, passed in the race of life the least advanced third of the whites. To pass the next third will prove a more difficult task, no doubt, but the Negroes will have the impetus of their forward movement to push them ahead.

The outbreaks of race prejudice in recent years are the surest evidence of the Negro's progress. No effort is required to keep down a race which manifests no desire nor ability to rise; but with each new forward movement of the colored race it is brought into contact with the whites at some fresh point, which evokes a new manifestation of prejudice until custom has adjusted things to the new condition. When all Negroes were poor and ignorant they could be denied their rights with impunity. As they grow in knowledge and in wealth they become more self-assertive, and make it correspondingly troublesome for those who would ignore their claims. It is much easier, by a supreme effort, as recently attempted with temporary success in North Carolina, to knock the race down and rob it of its rights once for all, than to repeat the process from day to day and with each individual; it saves wear and tear on the conscience, and makes it easy to maintain a superiority which it might in the course of a short time require some little effort to keep up.

This very proscription, however, political and civil at the South, social all over the country, varying somewhat in degree, will, unless very soon relaxed, prove a powerful factor in the mixture of the races. If it is only by becoming white that colored people and their children are to enjoy the rights and dignities of citizenship, they will have every incentive to "lighten the breed," to use a current phrase, that they may claim the white man's privileges as soon as possible. That this motive is already at work may be seen in the enormous extent to which certain "face bleachers" and "hair straighteners" are advertised in the newspapers printed for circulation among the colored people. The most powerful factor in achieving any result is the wish to bring it about. The only thing that ever succeeded in keeping two races separated when living on the same soil—the only true ground of caste—is religion, and as has been alluded to in the case of the Jews, this is only superficially successful. The colored people are the same as the whites in religion; they have the same standards and mediums of culture, the same ideals, and the presence of the successful white race as a constant incentive to their ambition. The ultimate result is not difficult to foresee. The races will be quite as effectively amalgamated by lightening the Negroes as they would be by darkening the whites. It is only a social fiction, indeed, which makes of a person seven-eighths white a Negro; he is really much more a white man.

The hope of the Negro, so far as the field of moral sympathy and support in his aspirations is concerned, lies, as always, chiefly in the North. There the forces which tend to his elevation are, in the main, allowed their natural operation. The exaggerated zeal with which the South is rushing to degrade the Negro is likely to result, as in the case of slavery, in making more friends for him at the North; and if the North shall not see fit to interfere forcibly with Southern legislation, it may at least feel disposed to emphasize, by its own liberality, its disapproval of Southern injustice and barbarity.

An interesting instance of the difference between the North and the South in regard to colored people, may be found in two cases which only last year came up for trial in two adjoining border States. A colored man living in Maryland went over to Washington and married a white woman. The marriage was legal in Washington. When they returned to their Maryland home they were arrested for the crime of "miscegenation"—perhaps it is only a misdemeanor in Maryland—and sentenced to fine and imprisonment, the penalty of extra-judicial death not extending so far North. The same month a couple, one white and one colored, were arrested in New Jersey for living in adultery. They were found guilty by the court, but punishment was withheld upon a promise that they would marry immediately; or, as some cynic would undoubtedly say, the punishment was commuted from imprisonment to matrimony.

The adding to our territories of large areas populated by dark races, some of them already liberally dowered with Negro blood, will enhance the relative importance of the non-Caucasian elements of the population, and largely increase the flow of dark blood toward the white race, until the time shall come when distinctions of color shall lose their importance, which will be but the prelude to a complete racial fusion.

The formation of this future American race is not a pressing problem. Because of the conditions under which it must take place, it is likely to be extremely slow—much slower, indeed, in our temperate climate and highly organized society, than in the American tropics and sub-tropics, where it is already well under way, if not a fait accompli. That it must come in the United States, sooner or later, seems to be a foregone conclusion, as the result of natural law—lex dura, sed tamen lex—a hard pill, but one which must be swallowed. There can manifestly be no such thing as a peaceful and progressive civilization in a nation divided by two warring races, and homogeneity of type, at least in externals, is a necessary condition of harmonious social progress.

If this, then, must come, the development and progress of all the constituent elements of the future American race is of the utmost importance as bearing upon the quality of the resultant type. The white race is still susceptible of some improvement; and if, in time, the more objectionable Negro traits are eliminated, and his better qualities correspondingly developed, his part in the future American race may well be an important and valuable one.

Boston Evening Transcript, September 1, 1900

The Disfranchisement of the Negro

The right of American citizens of African descent, commonly called Negroes, to vote upon the same terms as other citizens of the United States, is plainly declared and firmly fixed by the Constitution. No such person is called upon to present reasons why he should possess this right: that question is foreclosed by the Constitution. The object of the elective franchise is to give representation. So long as the Constitution retains its present form, any State Constitution, or statute, which seeks, by juggling the ballot, to deny the colored race fair representation, is a clear violation of the fundamental law of the land, and a corresponding injustice to those thus deprived of this right.

For thirty-five years this has been the law. As long as it was measurably respected, the colored people made rapid strides in education, wealth, character and self-respect. This the census proves, all statements to the contrary notwithstanding. A generation has grown to manhood and womanhood under the great, inspiring freedom conferred by the Constitution and protected by the right of suffrage—protected in large degree by the mere naked right, even when its exercise was hindered or denied by unlawful means. They have developed, in every Southern community, good citizens, who, if sustained and encouraged by just laws and liberal institutions, would greatly augment their number with the passing years, and soon wipe out the reproach of ignorance, unthrift, low morals and social inefficiency, thrown at them indiscriminately and therefore unjustly, and made the excuse for the equally undiscriminating contempt of their persons and their rights. They have reduced their illiteracy nearly 50 per cent. Excluded from the institutions of higher learning in their own States, their young men hold their own, and occasionally carry away honors, in the universities of the North. They have accumulated three hundred million dollars worth of real and personal property. Individuals among them have acquired substantial wealth, and several have attained to something like national distinction in art, letters and educational leadership. They are numerously represented in the learned professions. Heavily handicapped, they have made such rapid progress that the suspicion is justified that their advancement, rather than any stagnation or retrogression, is the true secret of the virulent Southern hostility to their rights, which has so influenced Northern opinion that it stands mute, and leaves the colored people, upon whom the North conferred liberty, to the tender mercies of those who have always denied their fitness for it.

It may be said, in passing, that the word "Negro," where used in this paper, is used solely for convenience. By the census of 1890 there were 1,000,000 colored people in the country who were half, or more than half, white, and logically there must be, as in fact there are, so many who share the white blood in some degree, as to justify the assertion that the race problem in the United States concerns the welfare and the status of a mixed race. Their rights are not one whit the more sacred because of this fact; but in an argument where injustice is sought to be excused because of fundamental differences of race, it is well enough to bear in mind that the race whose rights and liberties are endangered all over this country by disfranchisement at the South, are the colored people who live in the United States to-day, and not the lowbrowed, man-eating savage whom the Southern white likes to set upon a block and contrast with Shakespeare and Newton and Washington and Lincoln.

Despite and in defiance of the Federal Constitution, to-day in the six Southern States of Mississippi, Louisiana, Alabama, North Carolina, South Carolina and Virginia, containing an aggregate colored population of about 6,000,000, these have been, to all intents and purposes, denied, so far as the States can effect it, the right to vote. This disfranchisement is accomplished by various methods, devised with much transparent ingenuity, the effort being in each instance to violate the spirit of the Federal Constitution by disfranchising the Negro, while seeming to respect its letter by avoiding the mention of race or color.

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

But the Negro has made such progress that these restrictions alone would perhaps not deprive him of effective representation. Hence the second group. This comprises an "understanding" clause—the applicant must be able "to read, or understand when read to him, any clause in the Constitution" (Mississippi), or to read and explain, or to understand and explain when read to him, any section of the Constitution (Virginia); an employment qualification—the voter must be regularly employed in some lawful occupation (Alabama); a character qualification—the voter must be a person of good character and who "understands the duties and obligations of citizens under a republican [!] form of government" (Alabama). The qualifications under the first group it will be seen, are capable of exact demonstration; those under the second group are left to the discretion and judgment of the registering officer—for in most instances these are all requirements for registration, which must precede voting.

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

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

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

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

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

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

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

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

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

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