The Journal of Negro History, Volume 6, 1921

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Various. The Journal of Negro History, Volume 6, 1921

The Journal of Negro History. Vol. VI—January, 1921—No. 1

FIFTY YEARS OF NEGRO CITIZENSHIP AS QUALIFIED BY THE UNITED STATES SUPREME COURT

The Historic Background

The Right of Locomotion

Inconsistency of the Court

Justice in the Courts

Suffrage

Educational Privileges

The Right to Labor

REMY OLLIER, MAURITIAN JOURNALIST AND PATRIOT81

A NEGRO COLONIZATION PROJECT IN MEXICO, 1895

DOCUMENTS

JAMES MADISON'S ATTITUDE TOWARD THE NEGRO

ADVICE GIVEN NEGROES A CENTURY AGO

SOME UNDISTINGUISHED NEGROES

Juan Bautista Cesar

A Benevolent Slaveholder of Color

BOOK REVIEWS

NOTES

PROCEEDINGS OF THE ANNUAL MEETING, WASHINGTON, D. C., NOVEMBER 18, AND 19, 1920

The Journal of Negro History. Vol. VI—April, 1921—No. 2

MAKING WEST VIRGINIA A FREE STATE

The Historic Background

Secession and its Results

Slavery and the Admission of West Virginia

CANADIAN NEGROES AND THE JOHN BROWN RAID

THE NEGRO AND THE SPANISH PIONEER IN THE NEW WORLD

THE ECONOMIC CONDITION OF THE NEGROES OF NEW YORK PRIOR TO 1861

DOCUMENTS

THE APPEAL OF THE AMERICAN CONVENTION OF ABOLITION SOCIETIES

CORRESPONDENCE

BOOK REVIEWS

NOTES

The Journal of Negro History. Vol. VI—July, 1921—No. 3

THE MATERIAL CULTURE OF ANCIENT NIGERIA

THE NEGRO IN BRITISH SOUTH AFRICA.398

Cape Colony

Natal

The Union of South Africa

THE BAPTISM OF SLAVES IN PRINCE EDWARD ISLAND

DOCUMENTS

BOOK REVIEWS

NOTES

The Journal of Negro History. Vol. VI—October, 1921—No. 4

THE NEGRO MIGRATION OF 1916-1918437

Chapter I. INTRODUCTION

Chapter II. PREVIOUS NEGRO MOVEMENTS

Chapter III. SOURCE, VOLUME, DESTINATION, AND COMPOSITION

Chapter IV. CAUSES OF THE RECENT NEGRO MIGRATION

Chapter V. THE EFFECTS OF THE NEGRO MIGRATION ON THE SOUTH

Chapter VI. THE EFFECTS OF THE NEGRO MIGRATION ON THE NORTH

Chapter VII. THE EFFECTS OF THE MIGRATION UPON THE MIGRANTS THEMSELVES

Chapter VIII. DEPENDENTS AND DELINQUENTS

Chapter IX. THE STATISTICS OF THE MIGRATION

Chapter X. SOME CONCLUSIONS

BOOK REVIEWS

NOTES

Отрывок из книги

The citizenship of the Negro in this country is a fiction. The Constitution of the United States guarantees to him every right vouchsafed to any individual by the most liberal democracy on the face of the earth, but despite the unusual powers of the Federal Government this agent of the body politic has studiously evaded the duty of safeguarding the rights of the Negro. The Constitution confers upon Congress the power to declare war and make peace, to lay and collect taxes, duties, imposts, and excises; to coin money, to regulate commerce, and the like; and further empowers Congress "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof." After the unsuccessful effort of Virginia and Kentucky, through their famous resolutions of 1798 drawn up by Jefferson and Madison to interpose State authority in preventing Congress from exercising its powers, the United States Government with Chief Justice John Marshall as the expounder of that document, soon brought the country around to the position of thinking that, although the Federal Government is one of enumerated powers, that government and not that of States is the judge of the extent of its powers and, "though limited in its powers, is supreme within its sphere of action."1 Marshall showed, too, that "there is no phrase in the instrument which, like the Articles of Confederation, excludes incidental or implied powers; and which requires that everything granted shall be expressly and minutely described."2 Marshall insisted, moreover, "that the powers given to the government imply the ordinary means of execution," and "to imply the means necessary to an end is generally understood as implying any means, calculated to produce the end and not as being confined to those single means without which the end would be entirely unattainable."3 He said: "Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and the spirit of the Constitution, are constitutional."

Fortified thus, the Constitution became the rock upon which nationalism was built and by 1833 there were few persons who questioned the supremacy of the Federal Government, as did South Carolina with its threats of nullification. Because of the beginning of the intense slavery agitation not long thereafter, however, and the division of the Democratic party into a national and a proslavery group, the latter advocating State's rights to secure the perpetuation of slavery, there followed a reaction after the death of John Marshall in 1835, when the court abandoned to some extent the advanced position of nationalism of this great jurist and drifted toward the localism long since advocated by Judge Roane of Virginia.

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Further development of the doctrine as to the right of the State to deprive a Negro of citizenship is brought out in the Lauder Case.40 The case was this: Lauder's wife purchased a first class ticket from Hopkinsville to Mayfield, both places within the State of Kentucky. She took her place in what was called the "ladies' coach" and was ejected therefrom by the conductor and assigned a seat in a smoking car, which was alleged to be small, badly ventilated, unclean and fitted with greatly inferior accommodations. This road ran from Evansville, Indiana, to Hopkinsville, Kentucky. It was held in the Court of Appeals that the decision of the United States Supreme Court in Louisville, New Orleans and Railway v. Mississippi41 and Plessy v. Ferguson42 was conclusive of the constitutionality of the act so far as the plaintiffs were concerned; and that the mere fact that the railroad extended to Evansville, in the State of Indiana, could in no wise render the statute in question invalid as to the duty of the railroad to respect it.

In the case of Chesapeake and Ohio Railway Company v. Kentucky,43 this doctrine was carried to its logical conclusion. The question was whether a proper construction of the separate car law confines its operation to passengers whose journeys commence and end within the boundaries of the State or whether a reasonable interpretation of the act requires Negro passengers to be assigned to separate coaches when traveling from or to points in other States. In other such cases the Supreme Court of the United States had interpreted the local law as applying only to interstate commerce. The language of the first section of the Kentucky statute made it very clear that it applied to all carriers. The first section of the Kentucky law follows:

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