The civil rights of the Negroes constituted the general theme of the remarks made by Alonzo J. Ransier, a representative from South Carolina in the Forty-third Congress. In the first instance he spoke in refutation of the allegements of certain members of the opposition to the effect that the mass of Negroes did not want civil rights. Ransier sought mainly to show, by the presentation[55] of data in form of resolutions from Negro bodies and conventions, the intense desire of the race for civil rights. During the course of these remarks, Ransier served notice of his intention to offer to the civil rights bill an amendment to prevent the disqualification of competent citizens for service as jurors in any court in the nation because of "race, color, or previous condition of servitude." The amendment would provide also for the repeal of all laws, statutes, and ordinances, national or State, which were devised to discriminate against any citizen on account of color by the use of the word "white."[56]
The civil rights of the Negro found nowhere a more ardent champion than James T. Rapier, a representative from Alabama in the Forty-third Congress. In a speech on the measure supplementary to the civil rights bill, Rapier made a lucid analysis of the anomalous position then occupied by the Negro in the United States. Pointing out that Negroes were accorded political rights without the civil, he deplored the whole situation and challenged the truth of the statement that America is the asylum for the oppressed. Averring that the problem was national in scope, he asserted the constitutional authority of Congress to solve it. Denying the contentions of Alexander H. Stephens, of Georgia, Rapier deplored the apparent inability of that gentleman to comprehend the new order ushered in since the formerly sat in Congress. Stephens, he said, maintained the ideals of the old South. Thus, despite the decision of the war that national rights are paramount to those of the States, Stephens urged that it is the prerogative of the States to confer civil rights upon the Negro, and contended that such action should be left to the States. He thereby offered no constitutional objection to the bestowal of civil rights upon the Negro, but advanced a principle, the acceptance of which would forever preclude his enjoying them. To this proposition Rapier could not assent. That the Negro was considered to possess no rights under the Constitution, he maintained, was fully demonstrated by Kentucky and other Southern States, in which they were denied the privilege of testifying in court against a white man, were refused the right to education by the destruction of their schools and the visitation of violence upon their teachers, and were prevented by the Ku Klux Klan from exercising their right of suffrage. Such actions, he insisted, were in conflict with the contention that the States would eventually confer upon Negroes civil rights. In conclusion he declared that the Negro had earned all the rights that he then exercised as well as those enjoyed by other citizens, that the current conditions constituted a stricture on the fair name of America, and that the solution of the problem lay in the immediate passage by Congress of the Civil Rights Bill then being considered.[57]
Not unlike his colleagues, Richard H. Cain, a representative from South Carolina to the Forty-third and Forty-fifth Congresses, gave to the matter of civil rights much of his time and energy. Replying in part to Vance of North Carolina, Cain denied that the Civil Rights Bill, if passed, would be without the limits of the Constitution or that it would enforce "social equality," maintaining that the regulation of that condition was without the province of legislation. Cain asserted that the Negroes of South Carolina did not enjoy, in public places, all the "rights, privileges and immunities" accorded to other citizens and showed that the admission of Negro students to the University of South Carolina had not effected its destruction. He did not believe that the passage of the bill would alienate from the Negroes the white men of the South who were then friendly to them. Cain reviewed, furthermore, the history of the part played by the Negro in the economic and industrial development of the nation, pointed out the importance of giving to him, in every State, the best possible school facilities, asserted the right of the Negro by statutory enactment to his full civil liberties, and insisted that in the name of justice he should demand for himself all the rights, privileges and immunities accorded to other citizens.[58] Conforming in principle to the doctrine that he had pronounced, Cain introduced before Congress a bill supplementary to the Civil Rights Act.[59]
Much of the energy of James E. O'Hara, a representative from North Carolina, in the Forty-eighth and Forty-ninth Congresses, was directed toward the protection of the Negro in the exercise of his civil rights.[60] During the course of his remarks on the bill to regulate interstate commerce, he offered an amendment to the effect that any person or persons having purchased a ticket to be conveyed from one State to another, or paid the required fare, should receive the same treatment and be offered equal facilities and accommodation as are furnished all other persons holding tickets of the same class, without discrimination. In support of this amendment, he asserted the constitutional right of Congress to regulate commerce between the States, and that the action contemplated by his amendment came within the scope of this constitutional power. Denying that it was class or race legislation, he maintained that it was in line with the enlightened point of view of the age. The amendment was passed.[61] His opponents, however, were not sufficiently progressive to leave his victory intact.
A defense of the civil rights of the Negro was brought prominently to the fore in the Fifty-first Congress. In his remarks on the affairs of South Carolina,[62] Thomas E. Miller, a representative from that State, declared that the Negroes of South Carolina were suffering from several distinct causes. Among these causes he named lynch law, the petty system of theft which deprived them of the fruits of their daily toil, and injustice in the courts in which they had no rights where their interests and those of the whites conflicted. He demanded for them trial by jury, pay for their work, and the assurance that their lynchers would not become also their legislators. These considerations, he maintained, were of invaluable importance to the country. Miller, furthermore, deplored the action of the Governor of his State, which refused State aid to Negro schools and caused to be closed certain white colleges which had the courage to consider, in a sane way, the so-called Negro problem.
In the Fifty-fifth and Fifty-sixth Congresses, the questions of the protection of the Negroes in the exercise of their civil rights demanded virtually the entire attention of George H. White, who was at that time the sole Negro member of Congress. Among his many protests of discrimination, appeals for just treatment, and discourses on the upright character of his race, there were no speeches more significant nor more prophetic than his arraignment of the apathetic manner with which Congress had greeted his bill, designed "to give to the federal government entire jurisdiction over all cases of lynching and death by mob violence." If, he declared, the nation is to avoid the state of anarchy and moral decay to which conditions were then rapidly leading, there remained no alternative, save the enactment, by some future Congress, of a law to constitute lynching a federal offense.[63]
Education
Despite the great significance attached by many of the Congressmen to the civil rights of the Negroes, that of the education of the freedman was considered hardly less important. One of the first Negro Congressmen to commit himself on this problem was Rainey of South Carolina. That he had the proper grasp of the educational needs of his country is shown by his forceful speech made for national aid to education. He contended that the natural result of this mental improvement will be to impart a better understanding of our institutions, and thus cultivate a loyal disposition and lofty appreciation for them. "The military prowess and demonstrated superiority of the Prussians, when compared to the French, especially in the late war [The Franco-Prussian War]," said he, "is attributable to the fact that the masses of the former were better educated and trained than those of the latter. The leavening spirit of the German philosophers has apparently pervaded all classes of the population of that empire."[64]
The same problem of the education of the Negroes evoked from Walls, of Florida, an opinion replete with sound judgment on the matter. Replying to the objection of McIntyre, of Georgia, that the establishment of a national education fund would interfere with States' rights, Walls conceded, first, that the Constitution confers upon the States all those rights neither expressly delegated to the Federal Government nor prohibited to the States, and second, that one of those rights is the power of regulating common schools; but he doubted the applicability of that principle in this instance. The enemies of progress in the South, he maintained, opposed the education of the masses both of Negroes and whites because of its tendency to liberalize these people. He assigned this policy, therefore, as the motive underlying the opposition of McIntyre to the establishment of a national education fund. He rejected the proposition advanced by McIntyre that the $300,000 appropriated by the legislature of Georgia, of which the Negroes are entitled to a portion, would be shared by them. Continuing, Walls pointed out the activities of the Ku Klux Klan, and the burning of Negro homes and of their schools as inconsistent with the contention that they would receive a fair distribution of the school fund. He reviewed, moreover, the history of the free school movement in Florida and Georgia, assigning the cause of its failure. Concluding his speech with a summary arraignment of the policy of that time, he urged not only the establishment of a national education fund but also of a national education system as constituting the sole assured method whereby the poor whites and Negroes of the South might secure proper educational facilities.[65]