As yet, however, the Negro was not technically disfranchised, and at any moment a sudden turn of events might call him into prominence. Formal legislation really followed the rise of the Populist party, which about 1890 in many places in the South waged an even contest with the Democrats. It was evident that in such a struggle the Negro might still hold the balance of power, and within the next few years a fusion of the Republicans and the Populists in North Carolina sent a Negro, George H. White, to Congress. This event finally served only to strengthen the movement for disfranchisement which had already begun. In 1890 the constitution of Mississippi was so amended as to exclude from the suffrage any person who had not paid his poll-tax or who was unable to read any section of the constitution, or understand it when read to him, or to give a reasonable interpretation of it. The effect of the administration of this provision was that in 1890 only 8615 Negroes out of 147,000 of voting age became registered. South Carolina amended her constitution with similar effect in 1895. In this state the population was almost three-fifths Negro and two-fifths white. The franchise of the Negro was already in practical abeyance; but the problem now was to devise a means for the perpetuity of a government of white men. Education was not popular as a test, for by it many white illiterates would be disfranchised and in any case it would only postpone the race issue. For some years the dominant party had been engaged in factional controversies, with the populist wing led by Benjamin R. Tillman prevailing over the conservatives. It was understood, however, that each side would be given half of the membership of the convention, which would exclude all Negro and Republican representation, and that the constitution would go into effect without being submitted to the people. Said the most important provision: "Any person who shall apply for registration after January 1, 1898, if otherwise qualified, shall be registered; provided that he can both read and write any section of this constitution submitted to him by the registration officer or can show that he owns and has paid all taxes collectible during the previous year on property in this state assessed at three hundred dollars or more"—clauses which it is hardly necessary to say the registrars regularly interpreted in favor of white men and against the Negro. In 1898 Louisiana passed an amendment inventing the so-called "grandfather clause." This excused from the operation of her disfranchising act all descendants of men who had voted before the Civil War, thus admitting to the suffrage all white men who were illiterate and without property. North Carolina in 1900, Virginia and Alabama in 1901, Georgia in 1907, and Oklahoma in 1910 in one way or another practically disfranchised the Negro, care being taken in every instance to avoid any definite clash with the Fifteenth Amendment. In Maryland there have been several attempts to disfranchise the Negro by constitutional amendments, one in 1905, another in 1909, and still another in 1911, but all have failed. About the intention of its disfranchising legislation the South, as represented by more than one spokesman, was very frank. Unfortunately the new order called forth a group of leaders—represented by Tillman in South Carolina, Hoke Smith in Georgia, and James K. Vardaman in Mississippi—who made a direct appeal to prejudice and thus capitalized the racial feeling that already had been brought to too high tension.
Naturally all such legislation as that suggested had ultimately to be brought before the highest tribunal in the country. The test came over the following section from the Oklahoma law: "No person shall be registered as an elector of this state or be allowed to vote in any election herein unless he shall be able to read and write any section of the Constitution of the State of Oklahoma; but no person who was on January 1, 1866, or at any time prior thereto, entitled to vote under any form of government, or who at any time resided in some foreign nation, and no lineal descendant of such person shall be denied the right to register and vote because of his inability to so read and write sections of such Constitution." This enactment the Supreme Court declared unconstitutional in 1915. The decision exerted no great and immediate effect on political conditions in the South; nevertheless as the official recognition by the nation of the fact that the Negro was not accorded his full political rights, it was destined to have far-reaching effect on the whole political fabric of the section.
When the era of disfranchisement began it was in large measure expected by the South that with the practical elimination of the Negro from politics this section would become wider in its outlook and divide on national issues. Such has not proved to be the case. Except for the noteworthy deflection of Tennessee in the presidential election of 1920, and Republican gains in some counties in other states, this section remains just as "solid" as it was forty years ago, largely of course because the Negro, through education and the acquisition of property, is becoming more and more a potential factor in politics. Meanwhile it is to be observed that the Negro is not wholly without a vote, even in the South, and sometimes his power is used with telling effect, as in the city of Atlanta in the spring of 1919, when he decided in the negative the question of a bond issue. In the North moreover—especially in Indiana, Ohio, New Jersey, Illinois, Pennsylvania, and New York—he has on more than one occasion proved the deciding factor in political affairs. Even when not voting, however, he involuntarily wields tremendous influence on the destinies of the nation, for even though men may be disfranchised, all are nevertheless counted in the allotment of congressmen to Southern states. This anomalous situation means that in actual practice the vote of one white man in the South is four or six or even eight times as strong as that of a man in the North;[203] and it directly accounted for the victory of President Wilson and the Democrats over the Republicans led by Charles E. Hughes in 1916. For remedying it by the enforcement of the Fourteenth Amendment bills have been frequently presented in Congress, but on these no action has been taken.
2. [Economic Life: Peonage]
Within fifteen years after the close of the war it was clear that the Emancipation Proclamation was a blessing to the poor white man of the South as well as to the Negro. The break-up of the great plantation system was ultimately to prove good for all men whose slender means had given them little chance before the war. At the same time came also the development of cotton-mills throughout the South, in which as early as 1880 not less than 16,000 white people were employed. With the decay of the old system the average acreage of holdings in the South Atlantic states decreased from 352.8 in 1860 to 108.4 in 1900. It was still not easy for an independent Negro to own land on his own account; nevertheless by as early a year as 1874 the Negro farmers had acquired 338,769 acres. After the war the planters first tried the wage system for the Negroes. This was not satisfactory—from the planter's standpoint because the Negro had not yet developed stability as a laborer; from the Negro's standpoint because while the planter might advance rations, he frequently postponed the payment of wages and sometimes did not pay at all. Then land came to be rented; but frequently the rental was from 80 to 100 pounds of lint cotton an acre for land that produced only 200 to 400 pounds. In course of time the share system came to be most widely used. Under this the tenant frequently took his whole family into the cotton-field, and when the crop was gathered and he and the landlord rode together to the nearest town to sell it, he received one-third, one-half, or two-thirds of the money according as he had or had not furnished his own food, implements, and horses or mules. This system might have proved successful if he had not had to pay exorbitant prices for his rations. As it was, if the landlord did not directly furnish foodstuffs he might have an understanding with the keeper of the country store, who frequently charged for a commodity twice what it was worth in the open market. At the close of the summer there was regularly a huge bill waiting for the Negro at the store; this had to be disposed of first, and he always came out just a few dollars behind. However, the landlord did not mind such a small matter and in the joy of the harvest might even advance a few dollars; but the understanding was always that the tenant was to remain on the land the next year. Thus were the chains of peonage forged about him.
At the same time there developed a still more vicious system. Immediately after the war legislation enacted in the South made severe provision with reference to vagrancy. Negroes were arrested on the slightest pretexts and their labor as that of convicts leased to landowners or other business men. When, a few years later, Negroes, dissatisfied with the returns from their labor on the farms, began a movement to the cities, there arose a tendency to make the vagrancy legislation still more harsh, so that at last a man could not stop work without technically committing a crime. Thus in all its hideousness developed the convict lease system.
This institution and the accompanying chain-gang were at variance with all the humanitarian impulses of the nineteenth century. Sometimes prisoners were worked in remote parts of a state altogether away from the oversight of responsible officials; if they stayed in a prison the department for women was frequently in plain view and hearing of the male convicts, and the number of cubic feet in a cell was only one-fourth of what a scientific test would have required. Sometimes there was no place for the dressing of the dead except in the presence of the living. The system was worst when the lessee was given the entire charge of the custody and discipline of the convicts, and even of their medical or surgical care. Of real attention there frequently was none, and reports had numerous blank spaces to indicate deaths from unknown causes. The sturdiest man could hardly survive such conditions for more than ten years. In Alabama in 1880 only three of the convicts had been in confinement for eight years, and only one for nine. In Texas, from 1875 to 1880, the total number of prisoners discharged was 1651, while the number of deaths and escapes for the same period totalled 1608. In North Carolina the mortality was eight times as great as in Sing Sing.
At last the conscience of the nation began to be heard, and after 1883 there were remedial measures. However, the care of the prisoner still left much to be desired; and as the Negro is greatly in the majority among prisoners in the South, and as he is still sometimes arrested illegally or on flimsy pretexts, the whole matter of judicial and penal procedure becomes one of the first points of consideration in any final settlement of the Negro Problem.[204]
3. [Social Life: Proscription, Lynching]
Meanwhile proscription went forward. Separate and inferior traveling accommodations, meager provision for the education of Negro children, inadequate street, lighting and water facilities in most cities and towns, and the general lack of protection of life and property, made living increasingly harder for a struggling people. For the Negro of aspiration or culture every day became a long train of indignities and insults. On street cars he was crowded into a few seats, generally in the rear; he entered a railway station by a side door; in a theater he might occupy only a side, or more commonly the extreme rear, of the second balcony; a house of ill fame might flourish next to his own little home; and from public libraries he was shut out altogether, except where a little branch was sometimes provided. Every opportunity for such self-improvement as a city might be expected to afford him was either denied him, or given on such terms as his self-respect forced him to refuse.