A Just and Lasting Peace: A Documentary History of Reconstruction

by John David Smith

  Imagine, if you can, what would have been the effect of such a sight in this city twelve years ago. Then one negro soldier would have caused utter consternation. Congress would have adjourned; the Cabinet would have sought protection elsewhere; the President would have declared martial law; troops and marines would have been ordered out; and I cannot tell all that would have happened; but now such a sight does not excite a ripple on the current of affairs; but over all, and worse to him than all, he finds the negro here, not only a listener but a participant in debate. While I sympathize with him in his inability to comprehend this marvelous change, I must say in all earnestness that one who cannot understand and adjust himself to the new order of things is poorly qualified to teach this nation the meaning of our amended Constitution. The tenacity with which he sticks to his purpose through all the vicissitudes of life is commendable, though his views be objectionable.

  While the chief of the late confederacy is away in Europe fleeing the wrath to come in the shape of Joe Johnston’s history of the war, his lieutenant, with a boldness that must challenge the admiration of the most impudent, comes into these Halls and seeks to commit the nation through Congress to the doctrine of State-rights, and thus save it from the general wreck that followed the collapse of the rebellion. He had no other business here. Read his speech on the pending bill; his argument was cunning, far more ingenious than ingenuous. He does not deny the need or justness of the measure, but claims that the several States have exclusive jurisdiction of the same. I am not so willing as some others to believe in the sincerity of his assertions concerning the rights of the colored man. If he were honest in this matter, why is it he never recommended such a measure to the Georgia Legislature? If the several States had secured to all classes within their borders the rights contemplated in this bill, we would have had no need to come here; but they having failed to do their duty, after having had ample opportunity, the General Government is called upon to exercise its right in the matter.

  Mr. Speaker, time will not allow me to review the history of the American negro, but I must pause here long enough to say that he has not been properly treated by this nation; he has purchased and paid for all, and for more, than he has yet received. Whatever liberty he enjoys has been paid for over and over again by more than two hundred years of forced toil; and for such citizenship as is allowed him he paid the full measure of blood, the dearest price required at the hands of any citizen. In every contest, from the beginning of the revolutionary struggle down to the war between the States, has he been prominent. But we all remember in our late war when the Government was so hard pressed for troops to sustain the cause of the Union, when it was so difficult to fill up the ranks that had been so fearfully decimated by disease and the bullet; when every train that carried to the front a number of fresh soldiers brought back a corresponding number of wounded and sick ones; when grave doubts as to the success of the Union arms had seized upon the minds of some of the most sanguine friends of the Government; when strong men took counsel of their fears; when those who had all their lives received the fostering care of the nation were hesitating as to their duty in that trying hour, and others questioning if it were not better to allow the star of this Republic to go down and thus be blotted out from the great map of nations than to continue the bloodshed; when gloom and despair were wide-spread; when the last ray of hope had nearly sunk below our political horizon, how the negro then came forward and offered himself as a sacrifice in the place of the nation, made bare his breast to the steel, and in it received the thrusts of the bayonet that were aimed at the life of the nation by the soldiers of that government in which the gentleman from Georgia figured as second officer.

  Sir, the valor of the colored soldier was tested on many a battlefield, and to-day his bones lie bleaching beside every hill and in every valley from the Potomac to the Gulf; whose mute eloquence in behalf of equal rights for all before the law, is and ought to be far more persuasive than any poor language I can command.

  Mr. Speaker, nothing short of a complete acknowledgment of my manhood will satisfy me. I have no compromises to make, and shall unwillingly accept any. If I were to say that I would be content with less than any other member upon this floor I would forfeit whatever respect any one here might entertain for me, and would thereby furnish the best possible evidence that I do not and cannot appreciate the rights of a freeman. Just what I am charged with by my political enemies. I cannot willingly accept anything less than my full measure of rights as a man, because I am unwilling to present myself as a candidate for the brand of inferiority, which will be as plain and lasting as the mark of Cain. If I am to be thus branded, the country must do it against my solemn protest.

  Sir, in order that I might know something of the feelings of a freeman, a privilege denied me in the land of my birth, I left home last year and traveled six months in foreign lands, and the moment I put my foot upon the deck of a ship that unfurled a foreign flag from its mast-head, distinctions on account of my color ceased. I am not aware that my presence on board the steamer put her off her course. I believe we made the trip in the usual time. It was in other countries than my own that I was not a stranger, that I could approach a hotel without the fear that the door would be slammed in my face. Sir, I feel this humiliation very keenly; it dwarfs my manhood, and certainly it impairs my usefulness as a citizen.

  The other day when the centennial bill was under discussion I would have been glad to say a word in its favor, but how could I? How would I appear at the centennial celebration of our national freedom, with my own galling chains of slavery hanging about me? I could no more rejoice on that occasion in my present condition than the Jews could sing in their wonted style as they sat as captives beside the Babylonish streams; but I look forward to the day when I shall be in the full enjoyment of the rights of a freeman, with the same hope they indulged, that they would again return to their native land. I can no more forget my manhood, than they could forget Jerusalem.

  “AN ACT TO PROTECT ALL CITIZENS IN THEIR CIVIL AND LEGAL RIGHTS”

  (March 1, 1875)

  On his deathbed, Sumner pleaded with a friend, “You must take care of the Civil Rights Bill, my bill,” which, thanks to Senator Frederick T. Frelinghuysen and Representative Benjamin F Butler, finally went into effect on March 1, 1875. Though earlier versions of the bill had included equal accommodations for both races in cemeteries and schools, the final legislation applied only to inns, public conveyances, and theaters, but also prohibited discrimination in the selection of juries. Federal courts held jurisdiction in both civil and criminal cases resulting from violations of the bill. Despite its supporters’ hopes and dreams, the 1875 bill, according to an authority, “was more a broad assertion of principle than a blueprint for further coercive action by the federal government.” In practice, few people of color challenged discriminatory acts and the much-contested Civil Rights Act of 1875 became virtually “a dead letter.”

  Whereas, it is essential to just government we recognize the equality of all men before the law, and hold that it is the duty of government in its dealings with the people to mete out equal and exact justice to all, of whatever nativity, race, color, or persuasion, religious or political; and it being the appropriate object of legislation to enact great fundamental principles into law: Therefore,

  Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude.

  SEC. 2. That any person who shall violate the foregoing section by denying to any citizen, except for reasons by law applicable to
citizens of every race and color, and regardless of any previous condition of servitude, the full enjoyment of any of the accommodations, advantages, facilities, or privileges in said section enumerated, or by aiding or inciting such denial, shall, for every such offense, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered in an action of debt with full costs; and shall also, for every such offense, be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five hundred nor more than one thousand dollars, or shall be imprisoned not less than thirty days nor more than one year: Provided, That all persons may elect to sue for the penalty aforesaid or to proceed under their rights at common law and by State statutes; and having so elected to proceed in the one mode or the other, their right to proceed in the other jurisdiction shall be barred. But this proviso shall not apply to criminal proceedings, either under this act or the criminal law of any State: And provided further, That a judgment for the penalty in favor of the party aggrieved, or a judgment upon an indictment, shall be a bar to either prosecution respectively.

  SEC. 3. That the district and circuit courts of the United States shall have, exclusively of the courts of the several States, cognizance of all crimes and offenses against, and violations of, the provisions of this act; and actions for the penalty given by the preceding section may be prosecuted in the territorial, district, or circuit courts of the United States wherever the defendant may be found, without regard to the other party; and the district attorneys, marshals, and deputy marshals of the United States, and commissioners appointed by the circuit and territorial courts of the United States, with powers of arresting and imprisoning or bailing offenders against the laws of the United States, are hereby specially authorized and required to institute proceedings against every person who shall violate the provisions of this act, and cause him to be arrested and imprisoned or bailed, as the case may be, for trial before such court of the United States, or territorial court, as by law has cognizance of the offense, except in respect of the right of action accruing to the person aggrieved; and such district attorneys shall cause such proceedings to be prosecuted to their termination as in other cases: Provided, That nothing contained in this section shall be construed to deny or defeat any right of civil action accruing to any person, whether by reason of this act or otherwise; and any district attorney who shall willfully fail to institute and prosecute the proceedings herein required, shall, for every such offense, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered by an action of debt, with full costs, and shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not less than one thousand nor more than five thousand dollars: And provided further, That a judgment for the penalty in favor of the party aggrieved against any such district attorney, or a judgment upon an indictment against any such district attorney, shall be a bar to either prosecution respectively.

  SEC. 4. That no citizen possessing all other qualifications which are or may be prescribed by law shall be disqualified for service as grand or petit juror in any court of the United States, or of any State, on account of race, color, or previous condition of servitude; and any officer or other person charged with any duty in the selection or summoning of jurors who shall exclude or fail to summon any citizen for the cause aforesaid shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not more than five thousand dollars.

  SEC. 5. That all cases arising under the provisions of this act in the courts of the United States shall be reviewable by the Supreme Court of the United States, without regard to the sum in controversy, under the same provisions and regulations as are now provided by law for the review of other causes in said court.

  “THE NEGRO SPIRIT”

  (July 21, 1876)

  On July 4, 1876, a seemingly minor breach of racial etiquette in the tiny village of Hamburg, South Carolina, sparked a race riot with national overtones. The melee resulted when an all-black militia company marching down the town’s main street refused to give way to two white men in a carriage. When the militia commander proved unwilling to apologize or appear in court, members of local white rifle clubs assembled, demanding that the black militiamen surrender their weapons. When they refused, fighting began, and about forty militiamen retreated to their armory. Soon hundreds of whites, including many from nearby Augusta, Georgia, armed with a cannon, laid siege to the building. Whites captured twenty-five militiamen, murdering five, and then ransacked black homes and shops in the town. Though federal troops restored order in Hamburg, the whites who murdered the blacks were acquitted and, as the New York Times reported, the “Hamburg Massacre” outraged blacks and suggested their inability to receive racial justice.

  The colored indignation meeting at Market Hall last night attracted about one thousand colored men and about five hundred whites. The former crowded in the street in front of the hall, while the latter lined the sidewalk on the west side of Meeting street, and listened to the speeches, without taking any part in the meeting. The American flags, two kerosene reflectors and three candles afforded the illumination and decoration for the occasion. About 8:30 o’clock two drums and a fife, followed by about fifteen negro boys, marched up to the meeting, and in a few moments the proceedings were begun by a negro named J. L. Graves, who read the following list of officers, whose names are worth remembering:

  President, W. H. Thompson; Vice Presidents, F. J. Pew, W. H. Pinckney, William Vanderhorst, Richard Nesbitt, W. J. Broddie, Thomas Aiken, B. H. Smalls, Aaron McCov, C. S. Miller, J. J. Grant, G. E. Johnson, Mathias Smith, A. Finlay, J. H. Hall, James Green, Isaac Sawyer, H. M . Pinckney, William Richardson, P. M. Gregorie, J. J. Young; Secretaries, J. L. Graves, A. T. Stevens, Christopher Smalls, E. G. Logan, J. B. Howard.

  Thompson, the Chairman, having taken possession of the meeting, announced that the proceedings would be opened with prayer by Rev. Joseph E. Haynes. After the prayer, Thompson opened the meeting, saying that the colored troops had arrived at the time when “this thing must cease.” If the whites intended to continue it, they couldn’t do it without trouble. [Cheers.] He wanted the white people in South Carolina to know that the negroes protected their wives and children while they were fighting against the Union, and they must remember this. If this was the first act of the sort, they could stand still and await the action of the Governor. The Chairman then introduced Rev. R. H. Cain, better and more familiarly known as Daddy Cain. Considering the business in which Daddy Cain has been recently engaged, he made a very temperate speech. There was no reason, he said, why the colored people might not join peaceably together in the condemnation of so heinous a crime as the murder of the offensive citizens of Hamburg. [Cheers.] It is true that they blocked up the streets on the 4th of July; but did not the white soldiers break up the streets of Charleston on the 28th of June? For this offense the colored Militia had been ordered to give up their arms. He wondered if the noble Anglo-Saxon would submit to have their arms taken from them. No! they would not; they knew their rights, and the negroes were learning from them rapidly. [“Dat’s so.”] He desired to be understood as saying that this thing must stop. Every wrong done in this State injures its prosperity, injures its commerce, its agriculture, and its business, and drives away those people who could best help to build up the common prosperity. The colored people (he said) expected to be law-abiding citizens of the State, but they wanted every man who violated the laws of the State to be brought to justice and to punishment. This meeting had no political coloring. They met as citizens to express in a peaceable way their opinion of a great outrage. The colored men wanted peace; they wanted the right to go where they pleased and to do what they pleased, so long as they did no wrong. Suppose the colored men should organize bands in Charleston and Comoahee to kill the white men and burn up the houses, would there be peace? [“No, no,” from the crowd.] It remains, therefore, for us to unite in denouncing this outrage, and to demand that
Gov. Chamberlain shall bring these men to justice and the perpetrators to punishment.

  Rev. E. J. Adams, who was the next speaker, had no words to express his indignation in reference to the Hamburg outrage. He was not here for war. The colored men wanted peace and would have it if they had to fight for it. [Cheers.] They knew they were not equal to the task of waging war, but they were men enough to show pluck. They had been warned by the News and Courier not to attend this meeting because, perchance, the bread might be taken out of their mouths; but it should be remembered that somebody else’s mouth might be without bread. They should demand of Gov. Chamberlain that these men be brought to justice and be dealt with in the spirit of the law. . . .

  In the meantime, the colored Secretary of the meeting had started to read an address and a series of resolutions, which were scarcely heard by the crowd, but which were vociferously applauded whenever the leaders on the steps would give the signal. The address and resolutions are exceedingly violent in tone, as will be seen by the subjoined extracts:

  “Now, against these outrages we have here, and in the name of humanity, in the name of civilization, in the name of outraged law, in the name of good government, and the peace and welfare of this nation, we enter our unqualified condemnation of these crimes and outrages. We protest against these men, and their aiders and abettors, and, in the name of the majesty of law and order, we demand that Gov. Chamberlain shall at once invoke all the powers of this State to bring M. C. Butler and his clan to justice, and that no means or treasure be spared to punish these criminals. And we invoke the consideration of this whole nation, and the powers of the Federal Government, to see to it that the great principals of equal justice before the law, and equal protection under this Government, be maintained throughout this nation, so that safety to life and property, and the right to vote as conscience shall dictate to every citizen, shall be forever secured to all throughout this broad land.