The Wife of his Youth, Charles W. Chesnutt [classic fiction .TXT] 📗

a substitute for equality of rights, would be a poor exchange; there is no defensible reason why they should not go hand in hand, each encouraging and strengthening the other. The education which one can demand as a right is likely to do more good than the education for which one must sue as a favor.

The chief argument against Negro suffrage, the insistently proclaimed argument, worn threadbare in Congress, on the platform, in the pulpit, in the press, in poetry, in fiction, in impassioned rhetoric, is the reconstruction period. And yet the evils of that period were due far more to the venality and indifference of white men than to the incapacity of black voters. The revised Southern constitutions adopted under reconstruction reveal a higher statesmanship than any which preceded or have followed them, and prove that the freed voters could as easily have been led into the paths of civic righteousness as into those of misgovernment. Certain it is that under reconstruction the civil and political rights of all men were more secure in those States than they have ever been since. We will hear less of the evils of reconstruction, now that the bugaboo has served its purpose by disfranchising the Negro. It will be laid aside for a time while the nation discusses the political corruption of great cities; the scandalous conditions in Rhode Island; the evils attending reconstruction in the Philippines, and the scandals in the postoffice department—for none of which, by the way, is the Negro charged with any responsibility, and for none of which is the restriction of the suffrage a remedy seriously proposed. Rhode Island is indeed the only Northern State which has a property qualification for the franchise!

There are three tribunals to which the colored people may justly appeal for the protection of their rights: the United States Courts, Congress and public opinion. At present all three seem mainly indifferent to any question of human rights under the Constitution. Indeed, Congress and the Courts merely follow public opinion, seldom lead it. Congress never enacts a measure which is believed to oppose public opinion;—your Congressman keeps his ear to the ground. The high, serene atmosphere of the Courts is not impervious to its voice; they rarely enforce a law contrary to public opinion, even the Supreme Court being able, as Charles Sumner once put it, to find a reason for every decision it may wish to render; or, as experience has shown, a method to evade any question which it cannot decently decide in accordance with public opinion. The art of straddling is not confined to the political arena. The Southern situation has been well described by a colored editor in Richmond: "When we seek relief at the hands of Congress, we are informed that our plea involves a legal question, and we are referred to the Courts. When we appeal to the Courts, we are gravely told that the question is a political one, and that we must go to Congress. When Congress enacts remedial legislation, our enemies take it to the Supreme Court, which promptly declares it unconstitutional." The Negro might chase his rights round and round this circle until the end of time, without finding any relief.

Yet the Constitution is clear and unequivocal in its terms, and no Supreme Court can indefinitely continue to construe it as meaning anything but what it says. This Court should be bombarded with suits until it makes some definite pronouncement, one way or the other, on the broad question of the constitutionality of the disfranchising Constitutions of the Southern States. The Negro and his friends will then have a clean-cut issue to take to the forum of public opinion, and a distinct ground upon which to demand legislation for the enforcement of the Federal Constitution. The case from Alabama was carried to the Supreme Court expressly to determine the constitutionality of the Alabama Constitution. The Court declared itself without jurisdiction, and in the same breath went into the merits of the case far enough to deny relief, without passing upon the real issue. Had it said, as it might with absolute justice and perfect propriety, that the Alabama Constitution is a bold and impudent violation of the Fifteenth Amendment, the purpose of the lawsuit would have been accomplished and a righteous cause vastly strengthened. But public opinion cannot remain permanently indifferent to so vital a question. The agitation is already on. It is at present largely academic, but is slowly and resistlessly, forcing itself into politics, which is the medium through which republics settle such questions. It cannot much longer be contemptuously or indifferently elbowed aside. The South itself seems bent upon forcing the question to an issue, as, by its arrogant assumptions, it brought on the Civil War. From that section, too, there come now and then, side by side with tales of Southern outrage, excusing voices, which at the same time are accusing voices; which admit that the white South is dealing with the Negro unjustly and unwisely; that the Golden Rule has been forgotten; that the interests of white men alone have been taken into account, and that their true interests as well are being sacrificed. There is a silent white South, uneasy in conscience, darkened in counsel, groping for the light, and willing to do the right. They are as yet a feeble folk, their voices scarcely audible above the clamor of the mob. May their convictions ripen into wisdom, and may their numbers and their courage increase! If the class of Southern white men of whom Judge Jones of Alabama, is so noble a representative, are supported and encouraged by a righteous public opinion at the North, they may, in time, become the dominant white South, and we may then look for wisdom and justice in the place where, so far as the Negro is concerned, they now seem well-nigh strangers. But even these gentlemen will do well to bear in mind that so long as they discriminate in any way against the Negro's equality of right, so long do they set class against class and open the door to every sort of discrimination, there can be no middle ground between justice and injustice, between the citizen and the serf.

It is not likely that the North, upon the sober second thought, will permit the dearly-bought results of the Civil War to be nullified by any change in the Constitution. So long as the Fifteenth Amendment stands, the rights of colored citizens are ultimately secure. There were would-be despots in England after the granting of Magna Charta; but it outlived them all, and the liberties of the English people are secure. There was slavery in this land after the Declaration of Independence, yet the faces of those who love liberty have ever turned to that immortal document. So will the Constitution and its principles outlive the prejudices which would seek to overthrow it.

What colored men of the South can do to secure their citizenship to-day, or in the immediate future, is not very clear. Their utterances on political questions, unless they be to concede away the political rights of their race, or to soothe the consciences of white men by suggesting that the problem is insoluble except by some slow remedial process which will become effectual only in the distant future, are received with scant respect—could scarcely, indeed, be otherwise received, without a voting constituency to back them up,—and must be cautiously made, lest they meet an actively hostile reception. But there are many colored men at the North, where their civil and political rights in the main are respected. There every honest man has a vote, which he may freely cast, and which is reasonably sure to be fairly counted. When this race develops a sufficient power of combination, under adequate leadership,—and there are signs already that this time is near at hand,—the Northern vote can be wielded irresistibly for the defense of the rights of their Southern brethren.

In the meantime the Northern colored men have the right of free speech, and they should never cease to demand their rights, to clamor for them, to guard them jealously, and insistently to invoke law and public sentiment to maintain them. He who would be free must learn to protect his freedom.

Eternal vigilance is the price of liberty. He who would be respected must respect himself. The best friend of the Negro is he who would rather see, within the borders of this republic one million free citizens of that race, equal before the law, than ten million cringing serfs existing by a contemptuous sufferance. A race that is willing to survive upon any other terms is scarcely worthy of consideration.

The direct remedy for the disfranchisement of the Negro lies through political action. One scarcely sees the philosophy of distinguishing between a civil and a political right. But the Supreme Court has recognized this distinction and has designated Congress as the power to right a political wrong. The Fifteenth Amendment gives Congress power to enforce its provisions. The power would seem to be inherent in government itself; but anticipating that the enforcement of the Amendment might involve difficulty, they made the supererogatory declaration. Moreover, they went further, and passed laws by which they provided for such enforcement. These the Supreme Court has so far declared insufficient. It is for Congress to make more laws. It is for colored men and for white men who are not content to see the blood-bought results of the Civil War nullified, to urge and direct public opinion to the point where it will demand stringent legislation to enforce the Fourteenth and Fifteenth Amendments. This demand will rest in law, in morals and in true statesmanship; no difficulties attending it could be worse than the present ignoble attitude of the Nation toward its own laws and its own ideals—without courage to enforce them, without conscience to change them, the United States presents the spectacle of a Nation drifting aimlessly, so far as this vital, National problem is concerned, upon the sea of irresolution, toward the maelstrom of anarchy.

The right of Congress, under the Fourteenth Amendment, to reduce Southern representation can hardly be disputed. But Congress has a simpler and more direct method to accomplish the same end. It is the sole judge of the qualifications of its own members, and the sole judge of whether any member presenting his credentials has met those qualifications. It can refuse to seat any member who comes from a district where voters have been disfranchised; it can judge for itself whether this has been done, and there is no appeal from its decision.

If, when it has passed a law, any Court shall refuse to obey its behests, it can impeach the judges. If any president refuse to lend the executive arm of the government to the enforcement of the law, it can impeach the president. No such extreme measures are likely to be necessary for the enforcement of the Fourteenth and Fifteenth Amendments—and the Thirteenth, which is also threatened—but they are mentioned as showing that Congress is supreme; and Congress proceeds, the House directly, the Senate indirectly, from the people and is governed by public opinion. If the reduction of Southern representation were to be regarded in the light of a bargain by which the Fifteenth Amendment was surrendered, then it might prove fatal to liberty. If it be inflicted as a punishment and a warning, to be followed by more drastic measures if not sufficient, it would serve a useful purpose. The Fifteenth Amendment declares that the right to vote shall not be denied or abridged on account of color; and any measure adopted by Congress should look to that end. Only as the power to injure the Negro in Congress is reduced thereby, would a reduction of representation protect the Negro; without other measures it would still leave him in the hands of the Southern whites, who could safely be trusted to make him pay for their humiliation.

Finally, there is, somewhere in the Universe a "Power that works for righteousness," and that leads men to do justice to one another. To this power, working upon the hearts and consciences of men, the Negro can always appeal. He has the right upon his side, and in the end the right will prevail. The Negro will, in time, attain to full manhood and citizenship throughout the United States. No better guaranty of this is needed than a comparison of his present with his past. Toward this he must do his part, as lies within his power and his opportunity. But it will be, after all, largely a white man's conflict, fought out in the forum of the public conscience. The Negro, though eager enough when opportunity offered, had comparatively little to do with the abolition of slavery, which was a vastly more formidable task than will be the enforcement of the Fifteenth Amendment.

The Negro Problem, 1903

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