The Journal of Negro History, Volume 7, 1922

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printed allegements of leading unreconstructed Southerners, all of which tended to indicate to what extent violence had superseded law, and exactly how unsafe were the lives and property of the loyal people of the South.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 "rule177 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.178

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.179 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."180 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.181

The most comprehensive remarks of Smalls of South Carolina concerned the electoral vote and the policy of parties in his State.182 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 Bruce183 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."184 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.185 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.186 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 elections187 and to investigate the political conditions in the State of South Carolina.

Interest in Economic Problems

Although not equally interesting to the Negro Congressmen as matters of political import, to not a few of them problems essentially economic in character, or at any rate, of economic significance, made a forceful appeal. Measures designed to provide superior facilities for the trade and commerce of their communities constituted, in some instances, the most valuable service rendered by these legislators.

With the interests of his constituency ever in mind, Benjamin S. Turner of Alabama, a member of the Forty-second Congress, proposed various measures to effect local improvements.188 He urged a distribution of the public lands, proposed a bill to erect a public building in Selma, sought to increase the appropriation for rivers and harbors from $50,000 to $75,000, and made efforts to secure improvements in navigation in Alabama waters.

Of all the Congressmen, Josiah T. Walls of Florida was perhaps the most persistent in the effort to secure improvements for his district and State.189 He introduced numerous bills to erect in his district custom houses and other public buildings, and to improve the rivers and harbors of his State. Walls introduced also bills to provide a lifesaving station along the coast of Florida, to amend an act granting right of way through public lands for the construction of railroad and telegraph lines through Florida, and to create an additional land district. He sought further to amend an appropriation bill to the end that $50,000 be made available for the establishment of a navy yard at Pensacola.

James T. Rapier, who succeeded Turner in Congress, continued, to some extent, the policy of the latter to secure local improvements.190 Of two measures introduced by Rapier, one proposed to erect public buildings in his district, the other to make improvements in the rivers and harbors of the State. He succeeded in having enacted into law his measure to constitute Montgomery, Alabama, a port of entry.

The policy of John R. Lynch of Mississippi in the matter of local improvements191 did not differ materially from that of Rapier. Lynch proposed measures for the construction of the Memphis and New Orleans Railroad, for the construction of public buildings and custom houses, and for the improvement of rivers within the State of Mississippi.

Smalls, of South Carolina, likewise concerned himself with the matter of local improvements.192 He endeavored to secure an appropriation for the restoration of the Beaufort Library which was destroyed during the War. He proposed measures to establish in his district custom houses, docks, warehouses, a weather observation station, and other public buildings. He was interested also in the redemption of lands held by direct taxes and sought to promote a measure for the construction of telegraph lines in the State. Similarly concerned was James E. O'Hara of North Carolina, whose chief measures for improvements193 embraced bills to erect public buildings in his district, and to improve the rivers and harbors in his State. Murray, of South Carolina, was some years later advocating the exemption of the Young Men's Christian Association from taxation and the relief of cyclone sufferers in Beaufort, South Carolina.

The Negro Congressman, too, had an interest in the more important economic questions. On the question of the tariff several Congressmen expressed opinions. In the Forty-second Congress, Josiah T. Walls sought to amend the tax and tariff bill relative to certain commodities produced in the State of Florida.194 He favored a tariff for protection as opposed to one for revenue only. During a similar discussion, in the House, John R. Lynch, a member of the Forty-seventh Congress, urged a protective tariff195 for cotton, lumber, and sugar. His argument was that the cotton producers of the South were in favor of a protective tariff. When its producing class (meaning labor) was slave, when all of its products were exported, when all of its wants were supplied from without, and when cotton was its only interest, the South favored cheap labor and free trade. At this time, however, labor was free as distinguished from slave, and it therefore added to the cost of production, while jute, sugar, rice, lumber, and manufactures in the embryonic stage, shared with cotton the interests of producers. These changed conditions, he maintained, demanded for the South a policy of reasonable protection.

Regarding protection as a panacea for all the economic ills of the South, Lynch asserted that it would foster the growth of industries, permit the manufacturing interests to develop, and prevent the recurrence of a situation in which the whole output of raw material is shipped to a foreign market and sold at a price fixed by market, whereas goods manufactured from this same raw material are shipped to the South and sold at a price dictated by the sellers. He said, moreover, that a protective tariff would effect a decrease of American imports in cotton goods and at the same time an increase of employment among the folks at home. With reference to tariff on sugar and lumber, Lynch held that the South needed diversified industries, that the investment of capital in the South was essential to a diversification of industries, that a reasonable interest must be guaranteed to attract the capital, and that inasmuch as protection afforded the only way whereby the interest could be assured, protection for these industries was nationally demanded.

Any consideration of the merits of the arguments advanced by Lynch must not overlook the fact that protection has been the policy of the nation during its periods of remarkable growth. Two arguments largely supported this policy. In the first place, it was early conceived that protection was essential to the development of infant industries; in the second, the belief was accepted that to an agricultural country a home market is the only guarantee of a regular market. Because, however, of the unprecedented growth of the country and its final achievement of economic independence, other reasons were sought to support the protective policy. It was contended, therefore, that the high wages paid in the United States would discourage producers from introducing new industries which, without protection, must compete on equal terms with the products of low waged Europe. Finally, it was pointed out that the owners of great wealth must suffer tremendous loss of capital if protection were withdrawn from certain industries, compelling them to compete on equal basis with the industries of like kind of foreign countries.

In addition to these economic arguments, moreover, a political argument was not lacking. Ambitious statesmen have ever dreamed of a policy with which to cement the bonds that unite the different sections of the country, making them mutually dependent and, at the same time, independent of Europe. Protection, it was said, would do this. In full justice to Lynch, therefore, it must be said that his doctrine, whether or not sound, was not without basis. His firm stand for a protective tariff conformed to the policy that has recently controlled in the nation.

Sometime thereafter, White, in the Fifty-fifth Congress, had occasion to speak on the Wilson Tariff Law enacted in 1893. This measure196 he held to be responsible for the unemployment among mill workers in his community and the loss of contracts by the Southern producers. He advocated, therefore, protection for the industries and labor of America against the pauperism and cheap labor of foreigners.

Several other subjects of economic character were discussed by the Negro Congressmen. During his terms in the Forty-eighth and Forty-ninth Congresses, James E. O'Hara discussed at length the measure on labor arbitration.197 Shortly thereafter, in the Fifty-first Congress, John M. Langston made informing remarks on the shipping bill.198 Presenting in support of his position communications from the chambers of commerce of the principal cities of his State urging his support of the pending bill, facts and figures exhibiting recent progressive development of trade in Newport News, and information showing the growing dependence of world trade upon the development of an American merchant marine, he urged the passage of the shipping bill, with legislation to subsidize an American marine that would assist this nation to recover her former position upon the sea. While pointing out causes underlying the decadence of the merchant marine, he enumerated also the conditions which at that time favored its certain development.... He was, therefore, committed to a vigorous prosecution of any constructive plan leading in that direction.

In the Fifty-second Congress, H. P. Cheatham logically discussed the anti-option bill,199 a measure defining "options" and "futures," imposing special taxes on dealers therein, and requiring such dealers and persons engaged in selling specified products to obtain a license to do so. Speaking in the behalf of the agricultural class of people whom he represented, Cheatham set forth the disastrous economic effects that dealing in "futures" and "options" has always had on the farming class in fixing the price of cotton and other commodities. As a measure contemplating an adjustment of this most portentous evil in the industrial life of the nation, he urged the passage of the bill then under consideration.

Racial Measures

In the case of some of the Negro Congressmen measures designed either to promote the welfare of their race or to give publicity to its achievement commanded precedence over all others. Many offered petitions and bills providing especially for the benefit of Negroes. Benjamin Turner, of Alabama, secured from the Federal Government several thousands of dollars in payment of a claim for damages to his property during the Civil War. In the Fifty-first Congress, Thomas E. Miller submitted two measures in the interest of his race.200 The first proposed the establishment of a home for indigent freedmen, and the second sought to authorize the erection of a monument in commemoration of the Negro soldiers who fought for the Union in the Civil War.

The World's Columbian Exposition received much consideration during the first session of the Fifty-second Congress. Henry P. Cheatham,201 a representative from North Carolina, during the course of his remarks on the Negro race urged that Congress make provisions for exhibiting, at that fair, the facts and statistics of the progress that the Negro had made during his thirty years of freedom. He deplored the fact that "politics" had crept into the amendment designed to effect his purpose and urged its acceptance as a matter of encouragement and justice to a numerically significant group of the American people. Cheatham proposed, also, a measure which sought to have printed the historical record of the Negro troops in the wars in which they had participated.

The welfare of the race was often reflected in the remarks of George W. Murray, a Congressman from South Carolina. When, in the Fifty-third Congress, there arose, in connection with the proposal that federal aid be extended to the Atlanta Exposition,202 the question of the progress of the Negro race, Murray favored such an exposition because, he declared, it would offer opportunity to have registered the facts and statistics of the Negro's achievement since emancipation. As evidence of the inventive genius of his race, he submitted to Congress at this time a list of patents which had been granted by the government for the inventions of Negroes. Murray spoke briefly of what the Negroes were doing and thinking and, in conclusion, gave to the effort for federal aid his unqualified endorsement.

Measures proposed by George H. White, a representative from North Carolina to the Fifty-fifth and Fifty-sixth Congresses, tended mainly to promote the social welfare of his race.203 One of these was a resolution for the consideration of a bill to provide a home for aged and infirm Negroes. His other measures of this sort were bills to pay the wages of the Negro Civil War-time employees withheld by the War Department, to incorporate a "National Colored American Association," and to provide for the exhibit of the educational and industrial progress of the Negro at the Paris Exposition of 1900. Few measures of this type could become law.

Various Interests

Many problems miscellaneous in character interested the Negro Congressmen. Indeed, early in the Forty-second Congress, Josiah T. Walls204 supported a measure which proposed to appropriate $3,000,000 to aid the centennial celebration and international exhibition of 1876. Sometime later, moreover, he urged the recognition of the belligerent rights of Cuba. In the Forty-fourth Congress, John A. Hyman, of North Carolina, offered a measure to provide relief for the Cherokee Indians, who had returned to the "Nation West"205 while the measures of his colleague, Jere Haralson206 of Alabama, comprised such objects as the amendment of the revised statutes of the United States, the relief of the Medical College of Alabama, and the payment of war claims. During his three terms in Congress, John R. Lynch maintained interest in a wide range of subjects. He spoke at length on a bill "to provide and regulate the counting of votes for President and Vice President and the decision in the disputed election of R. B. Hayes.207 He opposed the bill to repeal the act providing for the pay of Congressmen,208 but supported a measure to appropriate funds for the establishment of a national board of health.209

In the Forty-fifth Congress, R. H. Cain proposed a measure to establish a line of mail and emigrant steam and sailing vessels between certain ports of the United States and Liberia.210 His colleague, Robert Smalls, was a man of wider interests.211 Among his various remarks, there must be noted those on the District of Columbia liquor traffic, interstate commerce, and the army reorganization bill. In the latter instance, he attempted to have inserted into the bill an amendment providing for the merging of enlisted men into military units without distinction as to race or color.

In the Senate, B. K. Bruce was afforded opportunity to debate the issues of the day. While most active in offering bills and resolutions, he nevertheless spoke forcefully on several matters of greater than ordinary import. He spoke out fearlessly against the bill restricting Chinese immigration,212 and while discussing the Indian bill,213 he took high ground, showing that we had failed in our selfish policy toward the Indian—a policy by which the breeding of hatred and discontent had kept him a fugitive and a vagabond—and emphasized the necessity for the government to do something to civilize the Indian. There must be a change in the Indian policy "if they are to be civilized," said he, "in that the best elements of their natures are to be developed to the exercise of their best functions, so as to produce individual character and social groups characteristic of enlightened people; if this is to be done under our system, its ultimate realization requires an adoption of a political philosophy that shall make the Indians, as individuals and as a tribe, subjects of American law and beneficiaries of American institutions, by making them first American citizens, and clothing them as rapidly as their advancement and location will permit, with the protecting and ennobling prerogatives of such friendship."