The Facts of Reconstruction Part 11

With this one exception, Secretary Lamar retained in office every clerk whose name appeared on the list that I gave him. They were not only retained throughout the Administration but many of them were promoted.

It can be said to the credit of Secretary Lamar that during his administration very few changes were made in the clerical force of the department for political reasons, and, as a rule, the clerks were treated with justice, fairness and impartiality.

CHAPTER XXV

THE FEDERAL ELECTIONS BILL

It was during the administration of President Harrison that another effort was made to secure the enactment by Congress of the necessary legislation for the effective enforcement of the war amendments to the National Const.i.tution,--a Federal Elections Bill. Mr. Lodge, of Ma.s.sachusetts, was the author of the bill. But the fact was soon developed that there were so many Republicans in and out of Congress who lacked the courage of their convictions that it would be impossible to secure favorable action. In fact there were three cla.s.ses of white men at the South who claimed to be Republicans who used their influence to defeat that contemplated legislation. The white men at the South who acted with the Republican party at that time were divided into four cla.s.ses.

First, those who were Republicans from principle and conviction--because they were firm believers in the principles, doctrines, and policies for which the party stood, and were willing to remain with it in adversity as well as in prosperity,--in defeat as well as in victory. This cla.s.s, I am pleased to say, while not the most noisy and demonstrative, comprised over seventy-five per cent, of the white membership of the party in that part of the country.

Second, a small but noisy and demonstrative group, comprising about fifteen per cent of the remainder, who labored under the honest, but erroneous, impression that the best and most effective way to build up a strong Republican party at the South was to draw the color line in the party. In other words, to organize a Republican party to be composed exclusively of white men, to the entire exclusion of colored men. What those men chiefly wanted,--or felt the need of for themselves and their families,--was social recognition by the better element of the white people of their respective localities. They were eager, therefore, to bring about such a condition of things as would make it possible for them to be known as Republicans without subjecting themselves and their families to the risk of being socially ostracized by their white Democratic neighbors. And then again those men believed then, and some of them still believe or profess to believe, that southern Democrats were and are honest and sincere in the declaration that the presence of the colored men in the Republican party prevented southern white men from coming into it. "Draw the race line against the colored man,--organize a white Republican party,--and you will find that thousands of white men who now act with the Democratic party will join the Republicans." Some white Republicans believed that the men by whom these declarations were made were honest and sincere,--and it may be that some of them were,--but it appears not to have occurred to them that if the votes of the colored men were suppressed the minority white vote, unaided and unprotected, would be powerless to prevent the application of methods which would nullify any organized effort on their part. In other words, nothing short of an effective national law, to protect the weak against the strong and the minority of the whites against the aggressive a.s.saults of the majority of that race, would enable the minority of the whites to make their power and influence effective and potential; and even then it could be effectively done only in cooperation with the blacks. Then again, they seemed to have lost sight of the fact,--or perhaps they did not know it to be a fact,--that many leading southern Democrats are insincere in their declarations upon the so-called race question. They keep that question before the public for political and party reasons only, because they find it to be the most effective weapon they can use to hold the white men in political subjection. The effort, therefore, to build up a "white" Republican party at the South has had a tendency, under existing circ.u.mstances, to discourage a strong Republican organization in that section. But, even if it were possible for such an organization to have a potential existence, it could not be otherwise than ephemeral, because it would be wholly out of harmony with the fundamental principles and doctrines of the national organization whose name it had appropriated. It would be in point of fact a misnomer and, therefore, wholly out of place as one of the branches of the national organization which stands for, defends, and advocates the civil and political equality of all American citizens, without regard to race, color, nationality, or religion. Any organization, therefore, claiming to be a branch of the Republican party, but which had repudiated and denounced the fundamental and sacred creed of that organization, would be looked upon by the public as a close, selfish and local machine that was brought into existence to serve the ends, and satisfy the selfish ambition of the promoters and organizers of the corporation. Yet there were a few well-meaning and honest white men in some of the Southern States who were disposed, through a mistaken sense of political necessity, to give such a movement the benefit of their countenance. But the movement has been a lamentable failure in States where it has been tried, and it cannot be otherwise in States where it may yet be tried. Men who were in sympathy with a movement of this sort took a p.r.o.nounced stand against the proposed Federal Elections Bill, and used what influence they had to prevent its pa.s.sage; their idea being that, if pa.s.sed, it would have a tendency to prevent the accomplishment of the purposes they had in contemplation.

Third, a group that consisted of a still smaller number who were Republicans for revenue only,--for the purpose of getting office. If an office were in sight they would be quite demonstrative in their advocacy of the Republican party and its principles; but if they were not officially recognized, their activities would not only cease, but they would soon be back into the fold of the Democracy. But should they be officially recognized they would be good, faithful, and loyal Republicans,--at least so far as words were concerned,--until they ceased to be officials, when they would cease at the same time to be Republicans. Men of this cla.s.s were, of course, opposed to the proposed legislation for the enforcement of the war amendments to the Const.i.tution.

Fourth, a group that consisted of an insignificantly small number of white men who claimed to be national Republicans and local Democrats,--that is, they claimed that they voted for the Republican candidate for President every four years, but for Democrats in all other elections. Of course they were against the proposed legislation. These men succeeded in inducing some well-meaning Republican members of Congress, like Senator Washburne, of Minnesota, for instance, to believe that the pa.s.sage of such a bill would have a tendency to prevent the building up of a strong Republican organization at the South. Then again, the free silver question was before the public at that time. The Republican majority in the Senate was not large. Several of those who had been elected as Republicans were free silver men. On that question they were in harmony with a majority of the Democrats, and out of harmony with the great majority of Republicans. The Free Silver Republicans, therefore, were not inclined to support a measure that was particularly offensive to their friends and allies on the silver question. After a careful canva.s.s of the Senate it was developed that the Republican leaders could not safely count on the support of any one of the Free Silver Republicans in their efforts to pa.s.s the bill, and, since they had the balance of power, any further effort to pa.s.s it was abandoned. It was then made plain to the friends and supporters of that measure that no further attempt would be made in that direction for a long time, if ever.

I wrote and had published in the Washington _Post_ a letter in which I took strong grounds in favor of having the representation in Congress,--from States where the colored men had been practically disfranchised through an evasion of the Fifteenth Amendment,--reduced in the manner prescribed by the Fourteenth Amendment. In that letter I made an effort to answer every argument that had been made in opposition to such a proposition. It had been argued by some fairly good lawyers, for instance, that the subsequent ratification of the Fifteenth Amendment had so modified the Fourteenth as to take away from Congress this optional and discretionary power which had been previously conferred upon it by the Fourteenth Amendment. I tried in that letter,--and I think I succeeded,--to answer the argument on that point.

It was also said that if Congress were to take such a step it would thereby give its sanction to the disfranchis.e.m.e.nt of the colored men in the States where that had been done. This I think I succeeded in proving was untrue and without foundation. The truth is that the only material difference between the Fourteenth and Fifteenth Amendments on this particular point is that, subsequent to the ratification of the Fourteenth and prior to the ratification of the Fifteenth Amendment, a State could legally disfranchise white or colored men on account of race or color, but, since the ratification of the Fifteenth Amendment, this cannot be legally done. If, then, Congress had the const.i.tutional right under the Fourteenth Amendment to punish a State in the manner therein prescribed, for doing what the State then had a legal and const.i.tutional right to do, I cannot see why Congress has not now the same power and authority to inflict the same punishment upon the State for doing or permitting to be done what it now has no legal and const.i.tutional right to do.

No State, in my opinion, should be allowed to take advantage of its own wrongs, and thus, by a wrongful act, augment its own power and influence in the government. To allow a majority of the white men in the State of Mississippi, for instance, to appropriate to themselves through questionable methods the representative strength of the colored population of that State, excluding the latter from all partic.i.p.ation in the selection of the representatives in Congress, is a monstrous wrong, the continuance of which should not be tolerated.

For every crime there must be a punishment; for every wrong there must be a remedy, and for every grievance there must be a redress. That this state of things is wrong and unjust, if not unlawful, no fair-minded person will deny. It is not only wrong and unjust to the colored people of the State, who are thus denied a voice in the government under which they live and to support which they are taxed, but it also involves a grave injustice to the States in which the laws are obeyed and the National Const.i.tution,--including the war amendments to the same,--is respected and enforced. I am aware of the fact that it is claimed by those who are responsible for what is here complained of that, while the acts referred to may be an evasion if not a violation of the spirit of the Const.i.tution, yet, since they do not violate the letter of the Const.i.tution the complaining parties are without a remedy, and therefore have no redress. This contention is not only weak in logic but unsound in law, even as construed by the Supreme Court of the United States, which tribunal seems to be the last to which an appeal can be successfully made, having for its object the enforcement of the Const.i.tution and laws so far as they relate to the political and civil rights of the colored Americans. That a State can do by indirection what it cannot do directly, is denied even by the Supreme Court of the United States.

That doctrine was clearly and distinctly set forth in a decision of the Court rendered by Mr. Justice Strong, which was concurred in by a majority of his a.s.sociates. In that decision it was held that affirmative State action is not necessary to const.i.tute race discrimination by the State. In other words, in order to const.i.tute affirmative State action in violation of the Const.i.tutional mandate against distinction and discrimination based on race or color, it is not necessary that the State should pa.s.s a law for that purpose. The State, the Court declared, acts through its agents, Legislative, Executive and Judicial. Whenever an agent or representative of the State acts, his acts are binding upon the State, and the effect is the same as if the State had pa.s.sed a law for that purpose. If a judge, for example, in the selection of jurors to serve in his court should knowingly and intentionally allow a particular race to be excluded from such service on account of race or color, the effect would be the same as if the State, through its Legislature, had pa.s.sed a law for that purpose. The colored men in the States complained of, have been disfranchised in violation of the spirit if not the letter of the Const.i.tution, either by affirmative State action, or through and by the State's agents and representatives. Their acts, therefore, const.i.tute State action as fully as if the Legislature had pa.s.sed a law for that purpose.

CHAPTER XXVI

MISSISSIPPI AND THE NULLIFICATION OF THE FIFTEENTH AMENDMENT

The defeat or abandonment of the Lodge Federal Elections Bill was equivalent to a declaration that no further attempts would be made for a good while, at least, to enforce by appropriate legislation the war amendments to the Const.i.tution. Southern Democrats were not slow in taking advantage of the knowledge of that fact.

My own State, Mississippi, was the first to give legal effect to the practical nullification of the Fifteenth Amendment. On that question the Democratic party in the State was divided into two factions. The radical faction, under the leadership of Senator George, advocated the adoption and enforcement of extreme methods. The liberal or conservative faction,--or what was known as the Lamar wing of the party under the leadership of Senator Walthall,--was strongly opposed to such methods.

Senator George advocated the calling of a Const.i.tutional Convention, to frame a new Const.i.tution for the State. Senator Walthall opposed it, contending that the then Const.i.tution, though framed by Republicans, was, in the main, un.o.bjectionable and should be allowed to stand. But Senator George was successful, and a convention was called to meet in the fall of 1890. In order to take no chances the Senator had himself nominated and elected a member of the Convention.

When the Convention met, it was found that there were two strong factions, one in favor of giving legal effect to the nullification of the Fifteenth Amendment, and the other opposed to it. The George faction was slightly in the majority, resulting in one of their number,--nullificationists, as they were called,--Judge S.S. Calhoun, being elected President of the Convention. The plan advocated and supported by the George faction, of which Senator George was the author, provided that no one be allowed to register as a voter, or vote if registered, unless he could read and write, or unless he could understand any section of the Const.i.tution when read to him and give a reasonable interpretation thereof. This was known as the "understanding clause." It was plain to every one that its purpose was to evade the Fifteenth Amendment, and disfranchise the illiterate voters of one race without disfranchising those of the other.

The opposition to this scheme was under the leadership of one of the ablest and most brilliant members of the bar, Judge J.B. Christman, of Lincoln County. As a subst.i.tute for the George plan or understanding clause, he ably and eloquently advocated the adoption of a fair and honest educational qualification as a condition precedent to registration and voting, to be equally applicable to whites and blacks.

The speeches on both sides were able and interesting. It looked for a while as if the subst.i.tute clause proposed by Judge Christman would be adopted. In consequence of such an apprehension, Judge Calhoun, the President of the Convention, took the floor in opposition to the Christman plan, and in support of the one proposed by Senator George.

The substance of his speech was that the Convention had been called for the purpose of insuring the ascendency of the white race,--the Democratic party,--in the administration of the State Government through some other methods than those which had been enforced since 1875.

"If you fail in the discharge of your duties in this matter," he declared, "the blood of every negro that will be killed in an election riot hereafter will be upon your shoulders."

In other words, the speaker frankly admitted, what everyone knew to be a fact, that the ascendency of the Democratic party in the State had been maintained since 1875 through methods which, in his opinion, should no longer be sanctioned and tolerated. These methods, he contended, were corrupting the morals of the people of the State and should be discontinued; but the ascendency of the Democratic party must be maintained at any cost. The George plan, he urged, would accomplish this result, because if the negroes were disfranchised according to the forms of law, there would be no occasion to suppress his vote by violence because he would have no vote to suppress; and there would be no occasion to commit fraud in the count or perjury in the returns.

Notwithstanding this frank speech, which was intended to arouse the fears of the members of the Convention from a party standpoint, the defeat of the Christman subst.i.tute was by no means an a.s.sured fact. But the advocates of the George plan,--the "understanding clause,"--were both desperate and determined. Contrary to public expectation two Republicans, Geo. B. Melchoir and I.T. Montgomery, had been elected to the Convention from Bolivar County. But their seats were contested, and it was a.s.sumed that their Democratic contestants would be seated. Still, pending the final disposition of the case, the two Republicans were the sitting members. Montgomery was colored and Melchoir was white. But the George faction needed those two votes. No one suspected, however, that they would get them in any other way than by seating the contestants.

The advocates and supporters of the Christman subst.i.tute were, therefore, very much surprised and disappointed when they learned that Mr. Montgomery, the only colored member of the Convention, intended to make a speech in favor of the adoption of the George plan, and vote for it; which he did. Why this man, who had the reputation of being honest and honorable, and who in point of intelligence was considerably above the average of his race, should have thus acted and voted has always been an inexplicable mystery. It is difficult to believe that he was willing to pay such a price for the retention of his seat in the Convention, still it is a fact that the contest was never called and Montgomery and his colleague were allowed to retain their seats.

The adoption of the George plan was thus a.s.sured, but not without a desperate fight. The opponents of that scheme made a brave, though unsuccessful, fight against it. But it was soon made plain to the advocates of the George plan that what they had succeeded in forcing through the Convention would be defeated by the people at the ballot-box. In fact, a storm of protest was raised throughout the State.

The Democratic press, as well as the members of that party, were believed to be about equally divided on the question of the ratification of the Const.i.tution as thus framed. Since it was well known that the Republicans would be solid in their opposition to ratification, the rejection of the proposed Const.i.tution was an a.s.sured fact. But the supporters of the George scheme felt that they could not afford to have the results of their labors go down in defeat. In order to prevent this they decided to deny the people the right of pa.s.sing judgment upon the work of the Convention. The decision, therefore, was that the Convention by which the Const.i.tution was framed should declare it duly ratified and approved, and to go into effect upon a day therein named. The people of that unfortunate State, therefore, have never had an opportunity to pa.s.s judgment upon the Const.i.tution under which they are living and which they are required to obey and support, that right having been denied them because it was known that a majority of them were opposed to its ratification and would have voted against it.

But this so-called "understanding clause," or George scheme, is much more sweeping than was intended by its author. The intent of that clause was to make it possible to disfranchise the illiterate blacks without disfranchising the illiterate whites. But as construed and enforced it is not confined to illiterates but to persons of intelligence as well.

No man, for instance, however intelligent he may be, can be registered as a voter or vote if registered, if the registering officers or the election officers are of the opinion that he does not understand the Const.i.tution. It is true, the instrument is so worded that no allusion is made to the race or color of those seeking to be registered and to vote; still, it is perfectly plain to everyone that the purpose was to enable the State to do, through its authorized and duly appointed agents and representatives, the very thing the Fifteenth Amendment declares shall not be done. According to the decision of the Supreme Court, as rendered by Mr. Justice Strong, the effect is the same as if the instrument had declared in so many words that race or color should be the basis of discrimination and exclusion.

The bitter and desperate struggle between the two factions of the Democratic party in the State of Mississippi in this contest, forcibly ill.u.s.trates the fact that the National Republican party made a grave mistake when it abandoned any further effort to enforce by appropriate legislation the war amendments to the Const.i.tution. In opposing and denouncing the questionable methods of the extreme and radical faction of their own party, the conservative faction of the Democrats believed, expected, and predicted that such methods would not be acquiesced in by the Republican party, nor would they be tolerated by the National Government. If those expectations and predictions had been verified they would have given the conservative element a justifiable excuse to break away from the radicals, and this would have resulted in having two strong political parties in that section to-day instead of one. But when it was seen that the National Republican party made no further opposition to the enforcement of those extraneous, radical and questionable methods, that fact not only had the effect of preventing further opposition on the part of the conservative Democrats, but it also resulted in many of the politically ambitious among them joining the ranks of the radicals, since that was then the only channel through which it was possible for their political aspirations to be gratified.

The reader cannot fail to see that under the plan in force in Mississippi there is no incentive to intelligence; because intelligence does not secure access to the ballot-box, nor does the lack of it prevent such access. It is not an incentive to the acc.u.mulation of wealth; because the ownership of property does not secure to the owner access to the ballot-box, nor does the lack of it prevent such access.

It is not a question of intelligence, wealth or character, nor can it be said that it is wholly a question of party. It is simply a question of factional affiliation. The standard of qualification is confined to such white men as may be in harmony with the faction that may happen to have control for the time being of the election machinery. What is true of Mississippi in this respect is equally true of the other States in which schemes of various sorts have been invented and adopted to evade the Fifteenth Amendment to the Const.i.tution.

CHAPTER XXVII

EFFECT OF THE MCKINLEY TARIFF BILL ON BOTH POLITICAL PARTIES

The Congressional elections of 1890 resulted in a crushing defeat for the Republicans. This was due, no doubt, to the McKinley Tariff Bill which became a law only about a month before the elections of that year.

Congress convened the first Monday in December, 1889, and that session did not come to a close until the following October. The Democrats in Congress made a bitter fight against the McKinley Tariff Bill, and, since it was a very complete and comprehensive measure, a great deal of time was necessarily consumed in its consideration and discussion. When it finally became a law the time between its pa.s.sage and the elections was so short that the friends of the measure did not have time to explain and defend it before the elections took place. This placed the Republicans at a great disadvantage. They were on the defensive from the beginning. The result was a sweeping Democratic victory.

But, strange to say, the same issues that produced Democratic success and Republican defeat at that election brought about Republican success and Democratic defeat at the Presidential and Congressional elections in 1896. The McKinley Tariff Bill of 1890 was so popular six years later, that the author of that measure was deemed the strongest and most available man to place at the head of the Republican ticket as the candidate of that party for President. His election was a complete vindication of the wisdom of the measure of which he was the author and champion. In 1890 his bill was so unpopular that it resulted in his own defeat for reelection to Congress. But this did not cause him to lose faith in the wisdom and the ultimate popularity of the bill which he was proud to have bear his name.

"A little time," said McKinley, "will prove the wisdom of the measure."

In this he was not mistaken. His defeat for reelection to Congress ultimately made him President of the United States; for the following year the Republicans of his State elected him Governor, which was a stepping-stone to the Presidency. All that was needed was an opportunity for the merits of his bill to be thoroughly tested. Shortly after its pa.s.sage, but before it could be enforced or even explained, the people were led to believe that it was a harsh, cruel, and unjust measure, imposing heavy, unreasonable, and unnecessary taxes upon them, increasing the prices of the necessaries of life without a corresponding increase in the price of labor. The people were in an ugly mood in antic.i.p.ation of what was never fully realized.

It is true that the tariff was not the sole issue that resulted in such a sweeping Republican victory in the National elections of 1896. The financial issue, which was prominent before the people at that time, was one of the contributory causes of that result. Still it cannot be denied that McKinley's connection with the Tariff Bill of 1890 was what gave him the necessary national prominence to make him the most available man to be placed at the head of his party ticket for the Presidency that year.

CHAPTER XXVIII

INTERVIEW BETWEEN THE AUTHOR AND PRESIDENT CLEVELAND AND SECRETARY GRESHAM

When Mr. Cleveland was inaugurated in 1893, I was Auditor of the Treasury for the Navy Department. Hon. J.G. Carlisle, of Kentucky, had been made Secretary of the Treasury. My resignation had been tendered, the acceptance of which I expected to see announced any day, but the change did not take place until August of that year.

While seated at my desk one day a messenger from the White House made his appearance, and I was informed that the President desired to see me in person. When I arrived at the White House I was immediately ushered into the President's private office, where he was seated alone at a desk engaged in reading a book or a magazine. It was at an hour when he was not usually accessible to the public. He received me in a very cordial way. He informed me that there was an important matter about which he desired to talk with me--to get the benefit of my opinion and experience. He a.s.sured me of his friendly interest in the colored people. It was his determination that they should have suitable and appropriate recognition under his administration. He said he was very much opposed to the color line in politics. There was no more reason why a man should be opposed or discriminated against on account of his race than on account of his religion. He believed it to be the duty of the Democratic party to encourage the colored voters to divide their votes, and the best way to do this was to accord to that race the same relative consideration, the same treatment, and to give the race the same recognition that is given other races and cla.s.ses of which our citizenship is composed. The party line is the only one that should be drawn. He would not appoint a colored Republican to office merely for the purpose of giving official recognition to the colored race, nor would he refuse to appoint a colored Democrat simply because he was colored. If this course were pursued, and this policy adopted and adhered to by the Democratic party, the colored voters who are in harmony with that party on questions about which white men usually divide, could see their way clear to vote in accordance with their convictions upon such issues, and would not be obliged to vote against the party with which they may be in harmony on account of that party's att.i.tude towards them as a race. "In other words," he said, "it is a well-known fact that there are thousands of colored men who vote the Republican ticket at many important elections,--not from choice but from what they believe to be a necessity. If the views entertained by me on this subject should be accepted by the Democratic party, as I hope and believe they will be, that necessity,--real or imaginary,--would no longer exist, and the gradual division of the colored vote would necessarily follow."

He went on to say that he had not hesitated to express himself fully, freely and frankly with members of his own party on the subject, and that he had informed them of the course he intended to pursue; but that he had been advised against appointing any colored man to an office in which white women were employed.