It appears, then, these two general types of legislation, the one proposing local improvements, the other seeking social justice for the Negro race, were preeminent in the measures proposed by the Negro Congressmen. On the other hand, however, most of these measures, regardless of merit, met in general one of three fates: they were either sidetracked in committee, reported adversely, or defeated after debate in open session.
The character of measures proposed by these Congressmen has been the subject of much adverse criticism. Not a few persons have considered as weakness the tendency to propose measures relating to local improvements, and those racial rather than national in character. The records of Congress show, however, that the motives impelling the Negro Congressmen to propose the type of legislation stated differed in no wise from those underlying similar actions of other Congressmen. Discussing the service of Congress, Mr. Munro, in his Government of the United States, says: "First among the merits of congressional government as it has existed in the United States for over one hundred and thirty years, is the fidelity with which law-making has reflected the public opinion of the country."[113] Mr. Munro further says that while Congress has not always been immediately responsive to popular sentiment, it has seldom failed to act when there has come to it an "audible mandate" from the whole country.
If, therefore, the Congress as a whole must be somewhat immediately responsive to the expressed public will, what, indeed, is the precise course of action that a representative, as a matter of policy, must pursue? He is regarded, in the first instance, as representing not his State, but rather a particular Congressional district of his State. His tenure of office runs for but two years, at the expiration of which he must submit to his constituents not a record of constructive statesmanship, based upon his fealty to measures of national or international importance, but rather one alleging the skill with which he has protected the peculiar interests of his district. That he has sought to obtain a new customs house, has opposed a tariff for revenue only, has defended the principle of bimetallism, not indeed in relation to the wider demands of the nation, but because of the particular demands of his constituency, are matters of great practical import to him, for upon these depends the approval or the rejection of his record. The Congressman who aspires to longevity of service is apt, therefore, to determine his proposal and defense of measures of legislation largely, if not wholly, by the expressed opinion of those whom he represents. Regarding the Negro Congressmen, therefore, in the light of the practices common to all Congressmen, there can be offered no valid criticism of the character of their legislation. The records of Congress show that these functionaries were, as a matter of policy, interested in their constituents, and that they promoted legislation for general advancement for the reason that the circumstances of the people whom they represented warranted legislation of that sort.
For the tendency of some of the Negro Congressmen to propose legislative measures which were racial in character, two reasons are conspicuously obvious. In the first place, these men regarded themselves the official spokesmen of their race. The power conferred upon them they believed to be evidence of the expectation and confidence of the Negroes in them to secure for the race civil rights, economic opportunity and political preferment. They found, moreover, that legislation granting to Negroes their civil rights failed often to protect them in the exercise of those rights. For such protection, then, these Congressmen had often to contend. These personal, ever present, inherent duties permitted these Congressmen neither time nor energy for the preparation of legislative measures of other types.
Another reason for restricting their efforts to local measures or those peculiar to their race was the rule of politics that all honor for the formulation of national measures must attach to the seasoned veterans in Congress. This custom has become so well established as to be traditional. It could not have been expected that the Negro members, then, should take the lead in Congressional legislation. They faithfully cooperated with the leaders of Congress and generally voted for measures considered productive of the greatest good of the country.
Why did the Negro Congressmen fail to have their measures enacted into law? The path of a bill is fraught with difficulties. The well-known journey through the committee, through both houses of Congress, to the conference and to the President, but few bills complete. Many bills of the Negro Congressmen died of this natural cause. Others because of lack of merit were reported adversely from committee; still others reported favorably could not withstand the Congressional debate. A few that survived the whole ordeal became laws.
There were two preeminent causes for the failure of some of these bills. The Negro membership in any Congress, in the first place always an exceedingly small minority, was never a determining factor in the passage of a measure proposed by one of this particular group. Secondly, the objects of the suspicion of their party colleagues,[114] and regarded by them as an experiment in the legislative program of the nation, these men were not generally able to secure for their measures sufficient white Republican votes. Considered from this point of view, the failure of these measures is in no wise an evidence of the lack of ability and statesmanship.
Of them, James G. Blaine, a Republican leader of fifty years ago, has spoken in a most praiseworthy manner. Conceding the right of the Negroes to sit in Congress and attesting the success of their activities there, he asserted that "they were as a rule studious, earnest, ambitious men, whose public conduct—as illustrated by Mr. Revels and Mr. Bruce in the Senate, and by Mr. Rapier, Mr. Lynch and Mr. Rainey in the House—would be honorable to any race."[115]
Alrutheus A. Taylor