But the old stagers admit that the colored brethren have a wonderful aptness at legislative proceedings. They are “quick as lightning” at detecting points of order, and they certainly make incessant and extraordinary use of their knowledge. No one is allowed to talk five minutes without interruption, and one interruption is the signal for another and another, until the original speaker is smothered under an avalanche of them. Forty questions of privilege will be raised in a day. At times, nothing goes on but alternating questions of order and of privilege. The inefficient colored friend who sits in the Speaker’s chair cannot suppress this extraordinary element of the debate. Some of the blackest members exhibit a pertinacity of intrusion in raising these points of order and questions of privilege that few white men can equal. Their struggles to get the floor, their bellowings and physical contortions, baffle description. The Speaker’s hammer plays a perpetual tattoo all to no purpose. The talking and the interruptions from all quarters go on with the utmost license. Every one esteems himself as good as his neighbor, and puts in his oar, apparently as often for love of riot and confusion as for any thing else. It is easy to imagine what are his ideas of propriety and dignity among a crowd of his own color, and these are illustrated without reserve. The Speaker orders a member whom he has discovered to be particularly unruly to take his seat. The member obeys, and with the same motion that he sits down, throws his feet on to his desk, hiding himself from the Speaker by the soles of his boots. In an instant he appears again on the floor. After a few experiences of this sort, the Speaker threatens, in a laugh, to call “the gemman” to order. This is considered a capital joke, and a guffaw follows. The laugh goes round, and then the peanuts are cracked and munched faster than ever; one hand being employed in fortifying the inner man with this nutriment of universal use, while the other enforces the views of the orator. This laughing propensity of the sable crowd is a great cause of disorder. They laugh as hens cackle—one begins and all follow.
But underneath all this shocking burlesque upon legislative proceedings, we must not forget that there is something very real to this uncouth and untutored multitude. It is not all sham, nor all burlesque. They have a genuine interest and a genuine earnestness in the business of the assembly which we are bound to recognize and respect, unless we would be accounted shallow critics. They have an earnest purpose, born of a conviction that their position and condition are not fully assured, which lends a sort of dignity to their proceedings. The barbarous, animated jargon in which they so often indulge is on occasion seen to be so transparently sincere and weighty in their own minds that sympathy supplants disgust. The whole thing is a wonderful novelty to them as well as to observers. Seven years ago these men were raising corn and cotton under the whip of the overseer. To-day they are raising points of order and questions of privilege. They find they can raise one as well as the other. They prefer the latter. It is easier, and better paid. Then, it is the evidence of an accomplished result. It means escape and defense from old oppressors. It means liberty. It means the destruction of prison-walls only too real to them. It is the sunshine of their lives. It is their day of jubilee. It is their long-promised vision of the Lord God Almighty.
Shall we, then, be too critical over the spectacle? Perhaps we might more wisely wonder that they can do so well in so short a time. The barbarians overran Rome. The dark ages followed. But then the day finally broke, and civilization followed. The days were long and weary; but they came to an end at last. Now we have the printing-press, the railroad, the telegraph; and these denote an utter revolution in the affairs of mankind. Years may now accomplish what it formerly took ages to achieve. Under the new lights and influences shall not the black man speedily emerge? Who knows? We may fear, but we may hope. Nothing in our day is impossible. Take the contested supposition that South Carolina is to be Africanized. We have a Federal Union of great and growing States. It is incontestably white at the centre. We know it to possess vital powers. It is well abreast of all modern progress in ideas and improvements. Its influence is all-pervading. How can a State of the Union escape it? South Carolina alone, if left to herself, might fall into midnight darkness. Can she do it while she remains an integral part of the nation?
But will South Carolina be Africanized? That depends. Let us hear the judgment of an intelligent foreigner who has long lived in the South, and who was here when the war began. He does not believe it. White people from abroad are drifting in, bad as things are. Under freedom the blacks do not multiply as in slavery. The pickaninnies die off from want of care. Some blacks are coming in from North Carolina and Virginia, but others are going off farther South. The white young men who were growing into manhood did not seem inclined to leave their homes and migrate to foreign parts. There was an exodus after the war, but it has stopped, and many have come back. The old slave-holders still hold their lands. The negroes were poor and unable to buy, even if the land-owners would sell. This was a powerful impediment to the development of the negro into a controlling force in the State. His whole power was in his numbers. The present disproportion of four blacks to three whites in the State he believed was already decreasing. The whites seemed likely to more than hold their own, while the blacks would fall off. Cumulative voting would encourage the growth and add to the political power of the whites in the Legislature, where they were at present over-slaughed.
Then the manufacturing industry was growing in magnitude and vitality. This spread various new employments over the State, and every one became a centre to invite white immigration. This influence was already felt. Trade was increased in the towns, and this meant increase of white population. High taxes were a detriment and a drag. But the trader put them on to his goods, and the manufacturer on to his products, and made the consumer pay.
But this important question cannot be dismissed in a paragraph. It requires further treatment. It involves the fortunes of the State far too deeply, and the duties of the white people and the interests of the property holder, are too intimately connected with a just decision of it, to excuse a hasty or shallow judgment. We must defer its further consideration to another occasion. It is the question which is all in all to South Carolina.
ROBERT BROWN ELLIOTT, “THE CIVIL RIGHTS BILL”
(January 6, 1874)
Elliott, the African-American congressman from South Carolina, was a tireless advocate of black rights during Congressional Reconstruction. In 1871, he forcefully promoted the Ku Klux Act and, following his reelection in 1872, supported Senator Charles Sumner’s longstanding efforts to pass civil rights legislation mandating equal access to public facilities—including railroads, theaters, hotels, schools, cemeteries, churches, and juries—for persons of all races. In January 1874, Elliott delivered a moving speech endorsing Sumner’s bill, dismissing states’ rights arguments propounded by Southern Democrats and grounding his advocacy of Sumner’s proposed legislation in the Fourteenth Amendment’s equal-protection clause.
. . . Are we then, sir, with the amendments to our Constitution staring us in the face; with these grand truths of history before our eyes; with innumerable wrongs daily inflicted upon five million citizens demanding redress, to commit this question to the diversity of legislation? In the words of Hamilton, “Is it the interest of the government to sacrifice individual rights to the preservation of the rights of an artificial being called the states? There can be no truer principle than this, that every individual of the community at large has an equal right to the protection of government. Can this be a free government if partial distinctions are tolerated or maintained?”
The rights contended for in this bill are among “the sacred rights of mankind, which are not to be rummaged for among old parchments or musty records; they are written as with a sunbeam in the whole volume of human nature, by the hand of the divinity itself, and can never be erased or obscured by mortal power.”
But the Slaughterhouse cases!—The Slaughterhouse cases!
The honor
able gentleman from Kentucky, always swift to sustain the failing and dishonored cause of proscription, rushes forward and flaunts in our faces the decision of the Supreme Court of the United States in the Slaughterhouse cases, and in that act he has been willingly aided by the gentleman from Georgia. Hitherto, in the contests which have marked the progress of the cause of equal civil rights, our opponents have appealed sometimes to custom, sometimes to prejudice, more often to pride of race, but they have never sought to shield themselves behind the Supreme Court. But now, for the first time, we are told that we are barred by a decision of that court, from which there is no appeal. If this be true we must stay our hands. The cause of equal civil rights must pause at the command of a power whose edicts must be obeyed till the fundamental law of our country is changed.
Has the honorable gentleman from Kentucky considered well the claim he now advances? If it were not disrespectful I would ask, has he ever read the decision which he now tells us is an insuperable barrier to the adoption of this great measure of justice?
In the consideration of this subject, has not the judgment of the gentleman from Georgia been warped by the ghost of the dead doctrines of states’ rights? Has he been altogether free from prejudices engendered by long training in that school of politics that well-nigh destroyed this government?
Mr. Speaker, I venture to say here in the presence of the gentleman from Kentucky and the gentleman from Georgia, and in the presence of the whole country, that there is not a line or word, not a thought or dictum even, in the decision of the Supreme Court in the great Slaughterhouse cases, which casts a shadow of doubt on the right of Congress to pass the pending bill, or to adopt such other legislation as it may judge proper and necessary to secure perfect equality before the law to every citizen of the Republic. Sir, I protest against the dishonor now cast upon our Supreme Court by both the gentleman from Kentucky and the gentleman from Georgia. In other days, when the whole country was bowing beneath the yoke of slavery, when press, pulpit, platform, Congress and courts felt the fatal power of the slave oligarchy, I remember a decision of that court which no American now reads without shame and humiliation. But those days are past; the Supreme Court of today is a tribunal as true to freedom as any department of this government, and I am honored with the opportunity of repelling a deep disgrace which the gentleman from Kentucky, backed and sustained as he is by the gentleman from Georgia, seeks to put upon it.
What were these Slaughterhouse cases? The gentleman should be aware that a decision of any court should be examined in the light of the exact question which is brought before it for decision. That is all that gives authority to any decision.
The State of Louisiana, by act of her Legislature, had conferred on certain persons the exclusive right to maintain stock-landings and slaughterhouses within the city of New Orleans, or the parishes of Orleans, Jefferson, and Saint Bernard, in that State. The corporation which was thereby chartered were invested with the sole and exclusive privilege of conducting and carrying on the live-stock, landing, and slaughter-house business within the limits designated.
The supreme court of Louisiana sustained the validity of the act conferring these exclusive privileges, and the plaintiffs in error brought the case before the Supreme Court of the United States for review. The plaintiffs in error contended that the act in question was void, because, first, it established a monopoly which was in derogation of common right and in contravention of the common law; and, second, that the grant of such exclusive privileges was in violation of the thirteenth and fourteenth amendments of the constitution of the United States.
It thus appears from a simple statement of the case that the question which was before the court was not whether a State law which denied to a particular portion of her citizens the rights conferred on her citizens generally, on account of race, color, or previous condition of servitude, was unconstitutional because in conflict with the recent amendments, but whether an act which conferred on certain citizens exclusive privileges for police purposes was in conflict therewith, because imposing an involuntary servitude forbidden by the thirteenth amendment, or abridging the rights and immunities of citizens of the United States, or denying the equal protection of the laws, prohibited by the fourteenth amendment.
On the part of the defendants in error it was maintained that the act was the exercise of the ordinary and unquestionable power of the State to make regulation for the health and comfort of society—the exercise of the police power of the State, defined by Chancellor Kent to be “the right to interdict unwholesome trades, slaughter-houses, operations offensive to the senses, the deposit of powder, the application of steam-power to propel cars, the building with combustible materials, and the burial of the dead in the midst of dense masses of population, on the general and rational principle that every person ought so to use his own property as not to injure his neighbors, and that private interests must be made subservient to the general interests of the community.”
The decision of the Supreme Court is to be found in the 16th volume of Wallace’s Reports, and was delivered by Associate Justice Miller. The court hold, first, that the act in question is a legitimate and warrantable exercise of the police power of the State in regulating the business of stock-landing and slaughtering in the city of New Orleans and the territory immediately contiguous. Having held this, the court proceeds to discuss the question whether the conferring of exclusive privileges, such as those conferred by the act in question, is the imposing of an involuntary servitude, the abridging of the rights and immunities of citizens of the United States, or the denial to any person within the jurisdiction of the State of the equal protection of the laws.
That the act is not the imposition of an involuntary servitude the court hold to be clear, and they next proceed to examine the remaining questions arising under the fourteenth amendment. Upon this question the court hold that the leading and comprehensive purpose of the thirteenth, fourteenth, and fifteenth amendments was to secure the complete freedom of the race, which, by the events of the war, had been wrested from the unwilling grasp of their owners. I know no finer or more just picture, albeit painted in the neutral tints of true judicial impartiality, of the motives and events which led to these amendments. Has the gentleman from Kentucky read these passages which I now quote? Or has the gentleman from Georgia considered well the force of the language therein used? Says the court on page 70:
The process of restoring to their proper relations with the Federal Government and with the other States those which had sided with the rebellion, undertaken under the proclamation of President Johnson in 1865, and before the assembling of Congress, developed the fact that, notwithstanding the formal recognition by those States of the abolition of slavery, the condition of the slave race would, without further protection of the Federal Government, be almost as bad as it was before. Among the first acts of legislation adopted by several of the States in the legislative bodies which claimed to be in their normal relations with the Federal Government, were laws which imposed upon the colored race onerous disabilities and burdens, and curtailed their rights in the pursuit of life, liberty, and property to such an extent that their freedom was of little value, while they had lost the protection which they had received from their former owners from motives both of interest and humanity.
They were in some States forbidden to appear in the towns in any other character than menial servants. They were required to reside on and cultivate the soil, without the right to purchase or own it. They were excluded from any occupations of gain, and were not permitted to give testimony in the courts in any case where a white man was a party. It was said that their lives were at the mercy of bad men, either because the laws for their protection were insufficient or were not enforced.
These circumstances, whatever of falsehood or misconception may have been mingled with their presentation, forced upon the statesmen who had conducted the Federal Government in safety through the crisis of the
rebellion, and who supposed that by the thirteenth article of amendment they had secured the result of their labors, the conviction that something more was necessary in the way of constitutional protection to the unfortunate race who had suffered so much. They accordingly passed through Congress the proposition for the fourteenth amendment, and they declined to treat as restored to their full participation in the Government of the Union the States which had been in insurrection until they ratified that article by a formal vote of their legislative bodies.
Before we proceed to examine more critically the provisions of this amendment, on which the plaintiffs in error rely, let us complete and discuss the history of the recent amendments, as that history related to the general purpose which pervades them all. A few years’ experience satisfied the thoughtful men who had been the authors of the other two amendments that, notwithstanding the restraints of those articles on the States and the laws passed under the additional powers granted to Congress, these were inadequate for the protection of life, liberty, and property, without which freedom to the slave was no boon. They were in all those States denied the right of suffrage. The laws were administered by the white man alone. It was urged that a race of men distinctively marked as was the negro, living in the midst of another and dominant race, could never be fully secured in their person and their property without the right of suffrage.
A Just and Lasting Peace: A Documentary History of Reconstruction Page 49