THE LEGAL ASPECTS OF THE NEGRO QUESTION \ r* '■‘i . ( 1 -^ An Address prepared by MOORFIELD ^OREY President of the National Association for the Advancement of Colored People and read by Arthur B. Spingarn Vice President AT THE ELEVENTH ANNUAL CONFERENCE OF THE ASSOCIATION held at Atlanta, Georgia May 30 June 2, 1920 Price, 10 cents Digitized by the Internet Archive in 2016 https://archive.org/details/legalaspectsofneOOstor Ladies and Gentlemen, Members of the National Asso- ciation FOR THE Advancement of Colored People AND Welcome Guests: It is certainly an augury of better times that this Asso- ciation formed to secure their equal rights for the colored citizens of this great republic, should meet here in this great Southern city by the invitation of her Mayor, her Chamber of Commerce, and the Governor of Georgia. We feel that they have offered us a cordial welcome, and we accept it gladly, believing that it is an earnest of that genuine good- will which should exist between all citizens of our common country, no matter of what race or color. It has been suggested that I should speak on the legal aspects of the Negro problem, but that subject does not attract me. There are no legal questions. The Constitution of the United States knows only American citizens, and recognizes no difference of race or color. Every right that any Amer- ican citizen has belongs to all. The law is no respector of persons. It gives every man the right to a fair trial by a jury of his peers. It regards an attack on any citizen, whether by individual or by mob aS a crime, to be prosecuted and punished as such. The Supreme Court of the United States has held Grandfather laws and segregation ordinances to be unconstitutional, and has de- clared peonage illegal. The law is clear, and it is idle to discuss what is settled. It is not the law but its enforcement which is wanting, and I prefer to discuss existing conditions. Speaking in Atlanta, it is in every way fitting that I should take as my text the words of your own great orator, Henry W. Grady: “The problem of the South is to carry on within her body politic two separate races, equal in civil and political rights and nearly equal in numbers. She must carry those races in peace, for discord means ruin. She must 3 carry them separately, for assimilation means debasement. She must carry them in equal justice for to this she is pledged in honor and in gratitude. She must carry them even unto the end for in human probability she will never be quit of either.” When the doctrine thus stated is recognized and applied throughout this country the work of this Association will have been done. Equality “in civil and political rights,” “equal justice” and that “peace” which assures them the undis- turbed enjoyment of their lives, their liberty and their prop- erty, except so far as either is taken by due process of law are all that the colored people ask. But it must be under- stood that when Mr. Grady says “we must carry them sepa- rately” this cannot he interpreted as meaning that segregation which the Supreme Court of the United States has declared forbidden hy the Constitution, or any separation inconsistent with “equal civil and political rights'’ and “equal justice” to all. The simple test is to be found in the Golden Rule which is the foundation of the Christianity that we all profess. We have only to imagine the conditions reversed and consider what treatment white men would resent if suffered at the hands of colored men to realize what the colored man resents at the hands of his white neighbors. We stand here to ask for what Grady asked — no more and no less. The fear that if their rights are granted, the colored men will seek to establish unwelcome personal relations is without any just foundation. Social relations are not regulated by law but by the tastes of men, and if there exists between the races an instinctive antipathy, as many claim, there is no danger of social intimacy or intermarriage, which every indi- vidual may control for himself or herself. If we were to deny equal civil and political rights to every man whom we would not willingly receive as a son-in-law, a large majority of man- kind would be ostracized and the world would be governed by a very small oligarchy. The rights of men are not to be deter- mined by any such test. 4 The people of the South are wont to speak of the “Negro question” and to insist that it is for them to deal with. We of the North decline to be thus excluded from the national family. We recognize that the ancestors of us all, North and South alike, are responsible for the situation which con- fronts their children, and since we share this responsibility and are exposed to the dangers of the situation, we feel that it is the problem of the nation as a whole, and that we must help to deal with it. Chicago, Springfield and East St. Louis in Illinois, Omaha in Nebraska, Coatesville in Pennsylvania are not Southern cities. Washington belongs to us all, and all these cities have witnessed outrages which disgraced the whole country. Our point of view may be different from yours. It has been for years, but we shall not advance by emphasizing our differences, we must try to reconcile them. Working in harmony we shall succeed, but dissension insures delay and invites disaster. Let me remind you first that the question before us is not a Negro question but a white man’s question. The Negroes did not come to America of their owm free will, but were captured and brought here by white men. They were held by white men for centuries as slaves, ignorant and degraded, “with no rights which the white man was bound to accept.” White men made them what they were when civil war waged by white men set them free. White men gave them the rights of citizens under our Constitution, and save for a few years when under white leaders they exercised political power and gave you governments not worse than white men have given their fellow-citizens in our great Northern cities, white men have made and now make the laws under which they live, and white men enforce them. No colored man has sat for years in either house of Congress, few if any sit in the legisla- tures of our states, and in the Southern states of this country only very few even have a vote. They are in no way respon- sible for the evils of which men eomplain. If any of them are ignorant or brutal, who made and have kept them so.^ 5 No race ever owed another as much as the white race in this country owes the Negroes, and those of you who remem- ber the civil war cannot forget that colored men raised the food which supported the Southern armies and protected the wives and children of your soldiers who were fighting to keep them slaves. ^Yith this memory you can appreciate what Grady meant when he said: “She must carry them in equal justice for to this she is pledged in honor and in gratitude.” Our colored people do their part as citizens. W hen the country needs money they pay their share of taxes, they buy their full allotment of Liberty Bonds. W^hen men are needed they are called and serve bravely and loyally. In the late war 417,000 of them were drafted, and in the words of Sec- retary Daniels, “More than 200,000 Negroes went aeross the sea to fight, not a few to seal their devotion with their blood, and many to win deeorations for their fine fighting qualities and faithful services.” Wlien it was suggested to the Sec- retary that German spies were trying to enlist them against this country, he replied to the speaker, “that though here and there he might find a traitor among the American Negroes, he might give himself no trouble for I knew that the Negroes could neither be cajoled nor threatened nor bought to enter a conspiracy to injure this country.” Twelve millions of citi- zens like these are an asset not lightly to be thrown away, espeeially when we consider how many disloyal elements are to be found in our varied population. Let me recall to you what has happened in half a century. W’hen the end of the war came in 1865 it found four millions of chattels without education, without property, without experience, turned naked into a hostile world, changed in a moment into men and citizens, with a freedom which many of them did not realize and with rights whieh they knew not how to exereise. Compare them with the twelve millions of freemen who dwell in this country today, possessing millions 6 of fertile acres, owning and managing banks, insurance com- panies and business enterprises of every kind; winning dis- tinction in every profession, founding and maintaining schools, colleges, magazines and newspapers, proving their ability in every walk of life. Their leaders would be recognized as leaders of men in any country, and if the rank and file lack something of the business ability and the aggressive qualities of the whites, who shall say that they have not a larger share of those virtues which are enumerated in the Sermon on the Mount, the better and gentler attributes of man. History contains no record of a greater advance in so short a time by any race. Never forget for a moment that in this wonderful progress they have not been aided by a sympathetic com- munity helping them in every way to rise, but have won their way against distrust, contempt, injustice, violence and every obstacle which prejudice could put in their way. What they have has been won by hard and persistent labor. They have not met injustice and violence with violence, but with patience and fortitude. They have kept their courage and their progress has not been stayed. Let us white men put ourselves in the position which the freedmen occupied in 1865; let us imagine that we had faced the prejudice and injustice which they have encountered, and then ask ourselves whether we can be sure that we should have risen any faster than they have done? We can certainly be sure that we should not have endured w%it they have endured with equal patience. If one seeks to measure the progress of the glacier month by month or even year by year, its advance seems negligible, but it moves with resistless force and no human power can arrest or check it. The progress of the colored race is like the movement of the glaeier, as sure, as steady and as irresistible. In the words of Whittier: “You may wrestle while you can. With the strong upward tendency. And God-like soul of man.” but it is a contest in which you face certain defeat. 7 Justice like truth “is mighty and will prevail.” We are fools and blind if we fight against the inevitable. I have said that the problem is a white man’s problem. The root of all our difficulties is planted in the breast of the white man, in his belief that he is superior, that he has the right to trample upon his weaker neighbors, in his prejudice against men whom he remembers as slaves, in his determin- ation that his former servant shall be “kept in his place,” to use the current phrase. It is this root that must be extir- pated, this prejudice that must be discouraged. There is no countenance for it to be found either in our political or our religious principles. Might does not make right according to our creed. The place of any man in this country is that which he can win for himself by his ability and industry, and no man can say to another, “Thus far shalt thou go and no farther.” I am proposing today to consider the subject from the white man’s standpoint, and ask you to consider what his interest requires. ^Miat is our duty to these millions of Americans. I come back to the words of Grady. We must recognize their “equal civil and political rights,” we must carry them “in peace” and “in equal justice,” or we are sow- ing dragon’s teeth which will yield an abundant crop of injus- tice, dishonor, crime and perhaps of greater calamities. By this I do not mean calamities to the Negroes, but to us all. The Constitution of the United States forbids all “cruel and unusual punishments.” It assures to every man charged with crime “a speedy and public trial by an impartial jury.” Is there a man in this whole country so lost to shame as to propose that the Constitution be amended by striking out those provisions.^ Yet during the year 1919 eleven men were burned to death by mobs in this country and four of them in this state. No civilized man can justify such barbarism, and yet the men who committed these crimes have not been pros- ecuted. The hideously revolting details of these burnings are reported faithfully in the newspapers; the leaders of the mob 8 take no steps to conceal their faces; women and children crowd to witness the writhings of the victim, and the perpetra- tors walk among their neighbors with heads erect, unpunished and unashamed. What effect, think you, do such horrors have on the good name of the United States .f* WUat should we have said had Frenchmen been burned by Germany in Louvain.^ How can we criticise Prussia, Bulgaria or Turkey while these things are done here, not in war when “God is forgotten” but in a time of profound peace, and in a country where sufficient laws exist for the punishment of crime If the laws are insufficient others can be passed. No mur- der by any criminal is so dangerous to society as the over- throw of all law which occurs when a man is burned by a mob and no one respnsible for it is even arrested. Leave out of view the disgrace to the nation, what is the effect on the community where such outrages occur? What is the lesson that is learned by the children whose parents take them to watch the tortures? These are questions for you to answer, for it is the community where lynchings occur that is most affected by them, and which must deal with them. I admit that Georgia must deal with crimes that occur in Georgia, and that Massachusetts cannot help her until the law is changed. The conscience of every good man and woman who hears of these wrongs must be shocked, and from every quarter must come indignant protests and condemnation. Will you Christian men of Georgia, citizens of the great republic whose government rests upon the principle that all men are created equal, turn deaf ears to these protests and let the crimes go on? No one but yourselves can answer this question. No one better than you can point out the consequences to yourselves and to us all. I know that no man of character anywhere can approve such barbarities, but when such men are silent and a whole community tolerates the crimes, they share the responsibility. In the language of the law they are “accessories after the fact,” if not in the 'strict meaning of 9 the phrase, at least in moral responsibility. This is a truth which we must face. Let me put you a very simple question. Is it profitable, is it safe for us so to treat twelve million of our fellow-citizens as to make them our enemies.^ They are men like ourselves, with the same instincts and feelings; many of them are more nearly white than colored, and inherit our own qualities. Even if they were worms, the worm will turn. We cannot deny to twelve millions of men the rights of men, we cannot deny them justice, we cannot leave them at the mercy of the mob to be killed on suspicion or an any charge which any malicious, reckless or hysterical person may make, without that trial by jury which the Constitution secures to every man, and expect them to submit forever. Have we not enemies enough within our borders? A year ago we led the world, and all peoples sought our friendship. Now where are our friends? England and France feel themselves deserted by us since we repudiate the treaties on which they relied for protection. Germany holds us responsible for her over- throw. We certainly cannot rely on Russia, once our friend. Can we afford to cultivate just discontent in our midst? These twelve million men must seek friends elsewhere if the governments under which they live and the men among whom they dwell deny them justice and safety. Again in the words of Grady, “Discord means ruin.” Can we afford to run the risk? Disregard wholly this aspect of the question, and consider only the effect on our daily life. Labor is needed everywhere, and we import it from every quarter of the world. WTiile the great war was in progress I saw trains of Chinamen in Canada on their way to France where they did work upon which the safety of our armies depended. Racial prejudice keeps these laborers from our shores. Can any community have a more valuable asset than a body of well-trained, healthy, willing workers? Here in the South your colored men are fitted for the work you have to do. The climate 10 suits them. Here has been their home, here should be their hopes. You need them in your fields, in your factories, wherever hands are needed. They will not stay here unless they are treated well. The temptation of higher wages, better schools for their children, greater safety of life and property, assured political rights and wider opportunity is always before them. Can you afford to let a situation con- tinue where this temptation is becoming irresistible.^ Is it wise for you to drive your laborers into the arms of your competitors? Can you bear the money loss, to put my c{ues- tion on the lowest plane? Nay, more, can you afford not to educate all your people? ^Yell-trained workers, mechanics who know how to do their work, farmers who understand farming are a treasure in any community. You cannot afford, again, as a matter of dollars and cents to keep your labor ignorant. Your Negro schools are a disgrace, as your own educators will tell you, and it is not the colored men alone who suffer, but the whole country. Inefficient work, spoiled material, badly cultivated fields cost all of us something. I will not ask you to rely on my words, but you cannot disregard those of the Southern University Race Commission, from whose report I cpiote: “The inadequate provision for the education of the Negro is more than an injustice to him; it is an injury to the white man. The South cannot realize its destiny if one-third of its population is undeveloped and inefficient. For our common welfare we must strive to cure disease wherever we find it, strengthen whatever is weak, and develop all that is undeveloped. The initial steps for increasing the efficiency and usefulness of the Negro race must necessarily be taken in the schoolroom.” Or as the Report by the Bureau of Education in the De- partment of the Interior puts it: “The economic future of the South depends upon the adequate training of the black as w'ell as the white work- men of that section. The fertile soil, the magnificent 11 forests, the extensive mineral resources and the unhar- nessed waterfalls are awaiting the trained mind and the skilled hand of both the white man and the black man.” This is not the argument of a fanatical abolitionist to a slave owner. It is mere common sense stated by a practical business man to other practical business men. Do you not see that this is so.^ Let me again turn to Atlanta for con- firmation and quote from the great speech of Booker Wash- ington during your Exposition: “Cast down your bucket where j^ou are. Cast it down among the eight millions of Negroes whose habits you know, whose fidelity and love you have tested in days when to have proved treacherous meant the ruin of your firesides. Cast down your bucket among these people who have, without strikes and labor wars, tilled your fields, cleared your forests, builded your railroads and cities, and brought forth treasures from the bowels of the earth, and helped make possible this magnificent repre- sentation of the progress of the South.” “While doing this, you can be sure in the future, as in the past, that you and your families will be surrounded by the most patient, faithful, law-abiding and unresentful people that the world has seen.” Monroe N. Work, the statistician of Tuskegee has made this statement: “It is probable that the South is losing each year, because of bad health conditions among its Negro popu- lation, more than $300,000,000. It is also probable that by improving health conditions among its Negro popula- tion one-half of this great loss could be saved.” This suggests another danger. Disease is no respector of persons. It is absolutely just and knows no race or color. The diseases which are devastating Europe may at any mo- ment cross the ocean as did the Spanish Influenza. When the citizens of any place tolerate within their borders dirty. 12 squalid districts, badly drained and badly kept, they are preparing to receive disease with open arms. It is not many years ago that yellow fever desolated New Orleans and Mem- phis and shotgun quarantines were maintained against the infected regions. No shotgun quarantine will keep disease from crossing streets and spreading from district to district in any town. Only recall how the yellow fever and the influenza spread within your memory, how typhus spread in Serbia a few years ago, how the plagues of history devastated continents, and ask yourselves whether for your own sakes you can afford to tolerate the Negro quarters which deface so many of our cities today. War against slums is war in self- defence. The deaths which war causes strike the imagina- tion, but more men have died of contagious disease than have died of wounds since 1914. Finally, can we afford any longer to deny the vote to our colored citizens, whether by violence or threats of violence, by tissue paper ballots or grandfather laws, by embarrassing registration, or cheating in the application of educational tests? Whatever device of force or fraud is employed, the admitted truth is that the Negro vote in the South is suppressed. In the long run only voters have rights in this country. The politicians, whether they hold executive office or sit in legislatures know, respect and fear the “labor vote”, the “temperance vote,” the “soldier vote,” the “suffrage vote,” and every other vote, but they have no thought to spare for any class that has no vote. The non-voters are defenceless, their needs are not considered, their rights are not defended, and no body of tax-payers can long remain in that position. “Taxation without representation is tyranny” whether the tax-payer is black or white, and if men are counted as voters when the number of Congressmen or presidential electors is determined, and yet are not allowed to cast their votes, those who profit by the system exercise an undue influence in the councils of the nation to which their fellow-citizens will not long submit. The Solid South rests upon the suppressed 13 Negro vote, and it creates a political situation which cannot endure. Both the colored tax-payer, whose vote is wholly suppressed, and the white voter in the North and West, whose vote is partly neutralized and so partly suppressed, are bound to oppose it. Does it help the communities which refuse to recognize the political rights of the Negro? Does it insure them good government to let their political life hinge on a single question? Is it wise to let a whole government rest on injustice to its citizens as a corner-stone? What must be the political and moral tone of men who see the laws habit- ually spurned or evaded by the men who are chosen to govern them? Is it an example which is likely to promote good citizenship and love of justice among the citizens who are the soil from which government springs? If they are just, their rulers will be just and not otherwise. Again I turn to Atlanta for wisdom. A year ago at Hampton in Virginia I heard your eloquent preacher, the Rev. Dr. Jones, say to the students of that great college: “You protest that you have not full political freedom in the South today. No, and neither have I. You answer that I have the ballot. Yes, but w’hat is the worth of a ballot which can be counted before it is cast? What is the value of a vote which cannot be backed by freedom of political choice? * * * We said that we would shut the Negro out of our political life, and yet, ever since, the shadow of your race has rested upon every political discussion, and you have in a real sense domi- nated every political election. The simple truth is that when we all became Democrats we did so at the cost of our democracy. * * * For wherever ‘Democrat,’ or ‘Re- publican’ stands for a sectional, racial, or class conscious- ness, it is an evidence, not of political freedom, but of party despotism.” I have said my say, but the ideas which I have expressed are not new or original with me. I have been only the mouth- piece of Atlanta. It is Atlanta that has spoken to you, and 14 surely the words which I have quoted from her leaders are wise and true. When the people of the South will heed them there will be no “Negro question.” Let me add one word to the Southern men and women whom my voice may reach. You have for years prided your- selves upon being a chivalrous people. What is chivalry? Can it be defined better than in the words of Lord Russell, the Chief Justice of England, addressed to the American Bar Association in regard to civilization: “Its true signs are thought for the poor and suffering, regard and respect for woman, the frank recognition of human brotherhood, irrespective of race or colour or nation or religion, * * * abhorrence of what is mean and cruel and vile, ceaseless devotion to the claims of justice.” Chivalry means respect for the weak, it is opposed to oppres- sion of any kind, it lifts up the poor and ignorant, it spares the lowly and beats down the proud. If you are true to your owm traditions and to the quality which you clain, you can- not continue in the wanton exercise of your strength to keep your weaker and poorer neighbors down. Religion forbids it. Law forbids it. A'our interest forbids it, and chivalry forbids it. Be worthy of yourselves, and help us to end the Negro question and assure the future of this country by ex- pelling from ever}" white man’s breast the ignoble prejudice of race, from which white and black alike are suffering. In the words of our great general, “Let us have peace.” 15 NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOHLE 70 Fifth Avenue, New York City Official Organs: The Crisis and The Branch Bulletin NATIONAL OFFICERS President Moorfield Storey Vice-Presidents Archibald H. Grimk^: Rev. John Haynes Holmes Arthur B. Spingarn Oswald Garrison Villard EXECUTIVE OFFICERS Chairman of the Board Mary White Ovington Walter F. White, Assistant Secretary J. E. Spingarn, Treasurer Dr. W. E. B. Du Bois, Director of Publi- cations and Research James Weldon Johnson, Field Secretary William Pickens, Associate Field Secretary BOARD OF DIRECTORS Chairman, Mary White Baltimore Bishop John Hurst Boston Joseph Prince Loud Moorfield Storey Butler R. Wilson Bufalo Mary B. Talbert Chicago Jane Addams Dr. C. E. Bentley Cleveland Harry E. Davis Greenwich, Ct. William English Walling Los Angeles E. Burton Ceruti Memphis R. R. Church New Haven George W. Craivford New York Rev. Hutchens C. Bishop Dr. W. E. B. Du Bois Rev. John Haynes Holmes Ovington, New York New York Dr. V. Morton Jones Florence Kelley Paul Kennaday John E. Milholland Harry H. Pace Arthur B. Spingarn J. E. Spingarn Charles H. Studin Lillian D. Wald Philadelphia Dr. J. Max Barber Dr. William A. Sinclair St. Louis Hon. Charles Nagel Springfield Rev. G. R. Waller T opeka Hon. Arthur Capper Washington Prof. George William Cook Archibald H. Grimk4 Charles Edward Russell Neval H. Thomas Wilberforce Col. Charles Young <^^^271 I