FP 2 - The triumph of 'Jim Crow', 1883-c1900

Civil Rights Cases of 1883 in the Supreme Court - the cases themselves

• 5 cases Nov 1882 - US v Stanley (accommodation, US v Nichols (accommodation), US v Ryan (dress circle at theatre), US v Singleton (Grand Opera House theatre in NY), Robinson et Ux v Memphis & Charleston Railroad (railroad company)

• claim made - defendants (whites) were in violation of 1875 CRA, prosecution had had civil rights denied as acts of racial discrimination were contrary to 14th, some claimed actions were example of inferior treatment/badge of servitude thus against 13th

• ruling 15th October 1883 - 8-1 majority deems 1875 CRA unconstitutional

• explanation as to why CR not infringed - acts were individual so did not contravene amendments (these only outlawed specific actions by state Govs but not individual acts of discrimination)

Civil Rights Cases of 1883 in the Supreme Court - impact/consequence of the ruling

• broad impact - effectively turned management of BA CR over to the states, freed slaves no longer to be a ‘special favourite of the laws’

• legal precedent - things such as equal access to public transport and accommodations now outside of the category of civil rights enforceable by fed, dejure segregation possible → enactment of state laws like JC laws and removal of fed authority to intervene

• BA reaction - outrage and protest - mass meeting in Birmingham, Alabama condemned the decision and ‘indignation meetings’ were held in many cities (but all fruitless)

Jim Crow Laws - what were they + changes made in Florida + extension to other areas of public life and other states

• JC laws - de jury racial segregation became widespread in SS, began with imposition of the colour line in public transport but then spread to education and public facilities too (+ some legislation regulating black voter registration)

• a result of the 1883 SC ruling of the CRA as unconstitutional

• 1887 Florida - 1st state to introduce legal segregation in railway carriages, BP convicted of violating faced $500 fine and could in theory be sentenced to prison or whipped 39 times

• spread - 1899 to North Carolina, 1907 even reached western state Oklahoma

• variety of social and recreational areas - inc hospitals, hotels, restaurants, public houses, prisons, theatres, even cemeteries

Jim Crow Laws - effects of segregation

• black officeholding decline - last BP elected to Virginia’s legislature was in 1891, Mississippi in 1895, SC in 1902, no black Congressmen from 1901-1972

• Racial disparities in educational funding increased → 1890 only 0.39% southern black children attended high school, in 1910 only 2.8%, 1910 South Carolina $5.95/black pupil vs $40.68/white pupil, books torn and outdated, rural southern schools lasted less than 6 months

• segregated shops - small black businesses struggle + cost of living high

• public medical care separate and unequal - BP 33 yr life expectancy, 1/3 children dead before 10, underfunded hospitals situated far away from farming communities

• awful housing - 5+ people to a room, wooden-frame with inflated rents, no running water

Reasons for black voter exclusion - Populist threat + progressive reformers

• Populist threat - Southern Pops challenged white supremacy by forming populist coalitions which united poor farmers of both races against rich landlords, threatened democratic hegemony

• State Dems reaction to Populist threat - used White Supremacy appeals to divide supporters (Ben Tillman played prominent role w SC being particular focus point)

• Progressive Reformers - campaigned to clean up corruption in politics, attributed problem to AA

• Progressive Reformer tactics - depicted Radical Recon as era of black rule + rape + murder + arson + black males were immature + irrational + open to corruption (so unfit to vote), Caroll’s ‘The N***o’ a Beast; 1900 placed BA nearer to apes than human beings

Reasons for black voter exclusion - Federal Gov Inaction

• Federal Gov Inaction - Congress failed to fully exercise powers under 14th (eg never reduced SS” congressional representation in proportion to illegal disenfranchisement in state)

• Henry Cabot Lodge’s ‘Force Bill’ - would’ve introduced federal supervision of elections, blocked by Southern Congressmen

• Supreme Court - undermined federal exec powers to protect black voting rights as refused to acknowledge racial discrimination even when obvious (seee 1898 Mississippi v Williams case)

Methods of black voter exclusion - violence and intimidation, gerrymandering, fraud, poll tax

• violent and intimidation - WS groups (eg Rifle Clubs and Red Shirts) used violence to stop voting, Louisiana White League assassinated several Rep Officials in 1874 (remember Colfax Massacre in 1873)

• redrew congressional districts to gerrymander (‘packing and cracking’ techniques) so that Solid South was ensured

• Fraud - white Mississippi voting officials said mules ate ballot papers from black counties, ballot-box stuffing, non-Dem votes were thrown out, 1880-1901 Congress seated 26 Reps/Pop candidates who had been ‘defeated’ through electoral fraud

• Poll tax - introduced during reconstruction in SS, 1871 Georgia initiates it, Arkansas 71% black electorate voted 1890 vs only 9% after the tax (deprived poor whites but disproportionate impact on BA)

Methods of black voter exclusion - Literacy qualifications, Mississippi Plan 1890, Restrictive registration practices, White Primaries, Grandfather Clauses

• Literacy Qualifications - 1882 South Carolina ‘Eight Box Law’ made ballots in indiscernible wrong boxes invalid, 1890 literacy tests affecting 40-60% black people (illiterate) vs 8-18% white, tests were impossible + passing at discretion of supervisor

• Mississippi Plan 1890 - Const convention to block BP from voting, new delegation to adopt new state const, 55% pop black but only 1/134 delegates, $2 poll tax introduced + literacy test, pre 1890 67% AA in state registered to vote vs Han 1892 only 5.7% → 1890-1908 10/11 SS rewrote constitutions in same way

• Restrictive registration practices - frequent re-reg required, long terms of residence needed, need info BP don’t have (eg street names), registrars used discretion to disqualify BP anyway

• White primaries - 1-party rule in SS → real contest was picking primary (so black vote even more useless), 1865-1915 every SS adopted state wide ‘white Dem primaries’ and then excluded black voters from them

• Grandfather clauses - 1898 designed primarily to support poor white voters (illiterate and didn’t own property os couldn’t otherwise qualify), Louisiana introduced grandfather clause allowing vote to those who could prove ancestors voted pre-Recon (excludes BP of course) → HOWEVER< 1915 SC case Guinn v US court ruled unanimously that clauses were unconstitutional after NAACP

Methods of black voter exclusion - impact / effects

• 1900 black voting in south reduced to 3%

• 1901 George White left Congress = last black Congress politician until 1972

• federal appointments black postmaster attacked (1898 lynching)

• no black legislatures in Indiana post 1897, none in Massachusetts post 1902

• a lot harder to stop laws being passed that enabled social segregation now that BA could no longer vote