Circa1865

“We Are Now an Occupied Territory”

Gov. Orval Faubus’ Message to Arkansas:

“On Tuesday, September 24, 1957 . . . the cleverly conceived plans of the US Justice Department under Republican Herbert Brownell, were placed in execution. One thousand two hundred troops of the 101^st Airborne Division were flown in from Fort Campbell, Kentucky, to occupy Little Rock’s Central High School.

At the same time, the entire Arkansas National Guard and Air guard were federalized and are now a part of the US Army and Air Force. We are now an occupied territory.

Evidence of the naked force of the federal government is here apparent in the unsheathed bayonets in the backs of schoolgirls – in the backs of students – and in the bloody face of a railroad worker, who was bayoneted and then felled by the butt of a rifle in the hands of a sergeant of the 101^st Airborne Division. This man, on private property, as a guest in a home two blocks from the school, has been hospitalized. Others have suffered bayonet wounds from the hands of the US Army soldiers. Your New York newspapers also show the scenes.

Up until the time the injunction was issued against me by the imported federal judge, the peace had been kept in Little Rock by as few as 30 National Guardsmen. Not a blow was struck, no injury inflicted on any person, and no property damage sustained. I wish to point out that no violence broke out in the city until after the injunction was issued by the imported federal judge, and the National Guardsmen were withdrawn. And I might add here, all we have ever asked for is a little time, patience and understanding, as so often expressed by President Eisenhower himself, in solving this problem.

In the name of God, whom we all revere, in the name of liberty we hold so dear, in the name of decency, which we all cherish – what is happening in America? Is every right in the United States Constitution now lost? Does the will of the people, that basic precept of our republic, no longer matter? Must the will of the majority now yield, under federal force, to the will of the minority, regardless of the consequences?

If the answers to these questions are in the affirmative . . . we no longer have a union of States under a republican form of government. If this be true, then the States are mere subdivisions of an all-powerful federal government, these subdivisions being nothing more than districts for the operation of federal agents and federal military forces – forces which operate without any regard for the rights of a sovereign State or its elected officials, and without due regard for personal and property rights.

The imported federal comes from a State a thousand miles away with no understanding whatsoever of the difficulties of our problems in the field of race relations.”

(Another Tragic Era: Gov. Faubus Gives His Side of the Arkansas Story. US News & World Report, October 4, 1957, pp. 66-67)

Late-war and early postwar Northern propaganda attributed the basest motives to the American Confederacy as the Republican Radicals prepared their punishments for the defeated. They asserted that “it was not merely the Southern people . . . they were abetted by their government . . . a congressional investigation reported that “there was a fixed determination on the part of the rebels to kill the Union soldiers who fell into their hands.” The US Sanitary Commission declared that “the conclusion is unavoidable . . . that these privations and sufferings [in prison camps] have been designedly inflicted by the military and other authorities of the rebel government.” Both reports were publicized by the North’s infamous “Loyal League.

Shaping the Demand for Revenge

“Northern opinion was thus rigidly shaped in the belief that “tens of thousands of national soldiers . . . were deliberately shot to death, as at Fort Pillow, of frozen to death at Belle Island, or starved to death at Andersonville, or sickened to death by swamp malaria, as in South Carolina.” Horror passed into fury and fury into a demand for revenge.

The New York Times insisted that “every rebel official who had been concerned, directly or indirectly, in the torturing and murdering of our prisoners” should be excluded from the terms of presidential pardon. Secretary of War Stanton ordered officers of armies advancing into the South to arrest the “inhuman monsters” most prominent in management of prisons. The archfiend of iniquity, for so the North considered him, Major Henry Wirz, was hanged as a murderer.

It was not until 1876 that the publication of R. R. Stevenson’s “The Southern Side, or Andersonville Prison” and J.W. Jone’s “The Confederate View of the Treatment of Prisoners” gave to such unbiased minds as might wish to know an adequate exposition of the Southern side. It was not difficult to find, however, material in these years that indicates the South received the Northern charge with sullen hatred. Typical is an article contributed to the Southern Review of January 1867:

“The impartial times to come will hardly understand how a nation, which not only permitted but encouraged its government to declare medicines and surgical instruments contraband of war, and to destroy by fire and sword the habitations and food of non-combatants, as well as the fruits of the earth and the implements of tillage, should afterwards have clamored for the blood of captive enemies, because they did not feed their prisoners out of their own starvation and heal them in their hospitals [devoid of medicines].

[When the facts of the deliberate and inexorable non-exchange of prisoners and refusal of food and medicines for Andersonville prisoners is realized], men will wonder how it was that a people, passing for civilized and Christian, should have consigned a Jefferson Davis to a cell, while they tolerated Edwin M. Stanton as a cabinet minister.”

So, the endless argument continued. The wounds remained unhealed festering their poison in unforgiveness. While Northerners blamed the evil genius of slavery for the war, Southerners pointed the finger of responsibility to “those men who preached the irrepressible conflict to the Northern people” and “helped to bring on that unlawful and unholy invasion of the South.”

(The Road to Reunion, Paul H. Buck. Little, Brown and Company, 1937, pp. 46-48)    

Credit should be given to New York Governor Horatio Seymour for immediately seeing through Lincoln’s 10-percent plan of “reconstruction” of the United States, that is, creating loyal States out of conquered provinces. Even the Radical Republicans saw that Lincoln’s plan would only increase executive power while restricting their predatory raids on Southern property.

Lincoln’s Rotten Borough Political Device

“From the night of the October 1863 elections in Ohio and Pennsylvania, Lincoln kept his eyes glued on the coming contest. Two days later he was back in the War Department discussing political prospects.

The first development in the campaign was a Presidential proclamation of amnesty and reconstruction for the Southern States. On December 8 Lincoln announced that any person in the South – with the exception of high-ranking civil and military officers of the Confederacy – might be granted amnesty if he took an oath of allegiance to the United States. Moreover, whenever ten percent of the population of any State had taken the oath, they might hold elections and establish a State government, which the President would recognize.

The political implications of the proclamation were immediately evident to both Radical Republicans and Democrats. Horatio Seymour of New York perceived it as a new assault on popular liberties. In his January message to the legislature, he pointed out that the arbitrary military power of the federal government was growing steadily. Moreover, every measure to pervert the war into a war against private property and personal rights at the South had been paralleled by claims to exercise military power at the North.

He enumerated them: there was the emancipation proclamation for the South, and the suspension of habeas corpus at the North; the Confiscation Act for the South, and arrests, imprisonment and banishment for Northern citizens; the claim to destroy political organizations in the South, and the armed interference in Northern elections.

These acts against Northern liberties had been justified as necessary, but the government had given up no powers when the emergency had passed. In fact, “more prerogatives are asserted in the hour of triumph than were claimed as a necessity in days of disaster and danger.” The doctrine of Southern degradation, explained the Governor, “is a doctrine of Northern bankruptcy . . . it is a measure for lasting despotism over one-third of our country, which will be the basis for military despotism over the whole land.”

As for Lincoln’s reconstruction program, Seymour saw it as a political device. The minority of one-tenth in reconstructed States would be kept in power by the North’s arms and treasure. There would be no motive, prophesied the Governor, to draw the remaining population into the fold; instead, “there will be every inducement of power, of gain, and of ambition, to perpetuate the condition of affairs.”

Moreover, it would be to the interest of the national administration to continue this system of government. Nine controlled States in the South with 70,000 voting population would balance in the House of Representatives and in the electoral college one half the population of the United States. Fourteen hundred men in Florida would balance New York in the Senate.

Thus, the nine States mentioned in Lincoln’s proclamation, together with Pierpont’s [western] Virginia would constitute a system of rotten boroughs that would govern the nation.”

(Lincoln and the War Governors. William B. Hesseltine. Alfred A. Knopf, 1955. Pp.-350-353)

Listing allegedly revolutionary changes between Fort Sumter in 1861 and Reconstruction, in 1867 Ohio Democratic Congressman George H. Pendleton assembled the following catalogue.

The Old Republic:

1. Equality of States.
2. Federal government limited to national and internal affairs only.
3. Equal branches of the federal government.
4. Reverence for Constitutional rights.
5. Delegated powers.
6. The Constitution and fundamental law.
7. Plain, simple, cheap government; army limited to 15,000 men.
8. Freedom of thought.
9. Freedom of reason.
10. Internal peace.
11. Freedom of debate in Congress.

The New Republic:

1. Ten States blotted out . . .
2. Federal government touches even private affairs.
3. Congress omnipotent.
4. Non-existent; viz., military arrests and suspension of the [habeas corpus] writ.
5. Federal government now has all power.
6. The United States Constitution now a dead letter.
7. Huge public debt and standing army of 100,000.
8. No freedom of thought.
9. No freedom of reason.
10. No internal peace.
11. Congress now ruled by caucus.

(A More Perfect Union: The Impact of the Civil War and Reconstruction on the Constitution. Harold M. Hyman. Houghton Mifflin Company. 1975, pg. 293)

Undoubtedly the cause of the 1861 war was the purely sectional Republican party which emerged from the ashes of the Whig party, anti-immigrant Know Nothings, and Transcendentalists. Though it lost the 1856 national election, it would win in 1860 by a plurality with the addition of a high protective tariff which pleased the protectionist New England States. Though several Southern States which had not departed before February 1861 attended the Washington Peace Conference in an attempt to save the federal union, Lincoln had instructed his Republican attendees to avoid compromise.

War Millionaires of America

“The [Civil] war, author Charles Beard held, was an important determinant of industrial change after 1865 because of the manner in which industrial interests made use of the political power they had won. In Beard’s view, the ascendant Republican party was the tool of the new capitalist class. These capitalists were united in subscribing to the basic proposition that the government ought to foster industrial expansion. Successive Republican congresses duly accomplished this by enacting the national banking law, a high protective tariff, a contract labor law, lavish land grants to railroads, and the Homestead Act which in addition to giving land to settlers also expanded the domestic market.

One of the [Civil] war’s main effects was its contribution to “the extraordinary growth of heavy industry (iron, machinery, agricultural implements, lumber, clay products)” – a trend which characterized the whole period 1850-1880. While economic forces generated by the war worked to the advantage of heavy industry, [Louis] Hacker wrote [Triumph of American Capitalism, 1940], “the young industrial capitalism had by 1860 already formulated its political program for continued growth – “protectionism, a well-guarded banking system, and adequate labor supply, and expanding domestic market made possible by a federally-supported public works program.”

By the time the war had ended in 1865, Congress had virtually enacted this program, taking “a long step forward in placing the services of the state at the command of private enterprise.” The economic legislation of the war and Reconstruction periods comprised “a new and vital force” that shaped the course of postwar change. “The progress of industrial capitalism was at last being rendered secure,” Hacker concluded, and it was being done in the halls of Congress.

Mechanization was undertaken in response to heavy demands generated by the war, and in order to do this successfully, ever larger capital outlays were necessary for industrialists. This came from large-scale organizers who could tap “the reservoir of credit” produced by wartime profits and flotation of federal securities.

The result was a basic structural transformation – “the concentration of manufacturing capital in fewer hands than before, the construction of larger plants, and the appearance of a new class of war millionaires.”

(Economic Change in the Civil War: An Analysis of Recent Studies. Harry N. Scheiber. Civil War History, Vol. 11, No. 4, December 1965. pp. 398-400)

Largely, if not totally ignored in today’s discussion regarding November 1898’s unfortunate “newspaper editorial confrontation turned-violent” is the lack of perspective regarding the long lead-up to it. The local government, media and university are all complicit in beating the drums of racial animosity which will lead to less racial harmony, not more. The most detailed and informed book regarding this sad event is not a book, but a hard-to-find 800-page doctoral dissertation found at the end. Unfortunately, there are only several poorly researched and outright fictional books which do nothing to enlighten the reader.

Looking Back at Wilmington’s “1898”

First, it is probable that had the war of 1861-1865 not occurred and the South was left on its own to solve the riddle of racial coexistence, no November 1898 violence would have occurred. This racial conundrum was imposed on the American South by African tribes enslaving their own people and selling them to English, and later New England traders. After the Civil War the Republican party, anxious to maintain political hegemony over the country, enfranchised black men. These, along with Union veterans bought with pension money, kept Republicans in power.

The Democratic party finally rid North Carolina of Republican/Carpetbag rule by 1872, but Wilmington remained a holdout of Republican power due to its majority black population. The Democratic party dominated State politics through the early 1890s.

After the Republican-Populist victory in State politics in 1896, the Republicans began a program common to political parties – they dismantle and rearrange legislation the opposition party had erected to establish their own barriers to their opponents ever returning to power. This political strategy continues today.

In the run-up to the 1896 elections, Populists realized their plight as described by Hal W. Ayer, chair of the New Hanover County Populist party: “If the Democrats won, they would continue to ignore the farmers; if Republicans won, independently of Populists, they would be forced by the large black constituency which constitutes the great body of the party into some of the [Reconstruction] recklessness of 1868; and this is something to be feared as much as Democratic rule.”

These Populists, many of them farmers who believe the Democrats should have been more politically-attentive to them in the past, and “who distrusted the large black element of the Republican party,” decided to cooperate with the Republicans in order to “defeat the arrogant and hypocritical Democrats, and at the same time secure by such cooperation a balance of power in the State Legislature that would effectually check any wild or reckless plan that might be advocated by the Republican party.” As with many partnerships, the Republicans would forget their Populist associates once in power.

Both the Wilmington Messenger and Wilmington Morning Star newspapers wrote of the specter of corrupt Reconstruction politics returning to bedevil white residents. The black-owned Wilmington Sentinel endorsed Daniel Russell for governor – who was nominally a Republican and ignored by party leadership – to ensure black unity within Republican ranks. To the dismay of white Democratic voters, Russell, who promised patronage positions to those lieutenants delivering the vote, was elected thanks to strong turnout in sixteen black-dominated counties, with 87 percent of eligible blacks voting. It is noteworthy that 20 percent of eligible black voters cast ballots for the Democratic candidate, and 8 percent voted for the Populist candidate.

An irony within white Republican ranks was though they preached racial equality publicly, “they resented black officeholding and activity in Republican party affairs.” While earlier a superior court judge, Russell himself stated that “Negroes are natural-born thieves. They will steal six days in the week and go to church on Sunday to shout and pray it off.” However, by the mid-1890s white Republicans were a minority in their party and only constituted those hungry for political employment.

Prior to the elections of 1898, black newspaper editor Alex Manly penned an unfortunate editorial which insulted white women and predictably incurred the wrath of the area’s white menfolk. Many prominent men in Wilmington demanded that the city’s Republican mayor and aldermen close down the paper and force the editor to leave town. The Republicans did little or nothing which eventually led to a violent confrontation.

But lost in today’s rhetoric is the very basis of Manly’s editorial and what prompted it. Why is this ignored and not identified as the primary cause? Manly was commenting on an earlier speech of Rebecca Felton of Georgia, wife of a legislator, who addressed a group of Savannah women earlier and denounced the rape of white farm women by black men while their husbands were far off in the fields working. Mrs. Felton demanded that the Republican party, the political home of most black voters and which preached hatred toward Democrats, do something to end the heinous crimes of their constituents.

Manly’s later editorial claimed that the white women had somehow encouraged the advances of the black men attacking them in their homes. This predictably led an enraged group of white residents to march to Manly’s establishment to escort him to the rail station. Not finding Manly, on the march back to their homes these men were fired upon by black men concealed in houses being passed, and they returned fire. This entire episode was preventable.

The black New Hanover County Coroner, David Jacobs, summoned a Coroner’s Jury the following day to investigate the deaths of five black men from gunshot wounds. Three white men were wounded in the affair, one seriously. Though there are numerous unsubstantiated estimates of those killed or wounded, we have only the coroner’s investigation as an official source. On November 15th, black resident Thomas Lane was tried for firing a pistol into the group of men marching to Manly’s news office. Lane quickly ran out the back, but the return fire unfortunately caused the death of an occupant, Josh Halsey.

An important but marginalized voice in this 1898 affair is Collector of Customs John C. Dancy, a black Edgecombe County native appointed by Republican presidential patronage to his position, and the highest-paid person in North Carolina at the time. In this influential position he was considered the head of the Republican party and expected to foster and deliver the vote, and he surrounded himself with black employees at the Custom house who were expected to promote party interests. After the violence of November 1898, Dancy concluded that all blame be placed upon Manly’s editorial, which lit the flame.

A question to be put to rest is the often-heard claim that the conflict ended democratically elected government in Wilmington. The Republican-Populist legislature, once in power in 1895, altered municipal charters to benefit themselves. They amended Wilmington’s charter “so as to establish a partly elected and partly appointed Board of Aldermen.

The amended charter did not alter ward lines but allowed “qualified voters of each ward to elect one alderman and empowered the Governor to appoint one alderman from each of the five wards.” (McDuffie, pg. 460-461).  Under the guise of “preventing misrule by the propertyless and ignorant elements,” the Republicans strictly controlled Wilmington’s municipal government.

(Politics in Wilmington and New Hanover County, NC: 1865-1900. Jerome A. McDuffie, PhD dissertation, 1979, Kent State University, pp. 442-453; 738)

Lincoln’s View of Carpetbag Politicians in the South

“Executive Mansion, Washington.

November 27, 1862.

Hon. Geo. F. Shepley, Military Governor of Louisiana:

“Dear Sir: Dr. Kennedy, bearer of this, has some apprehension that federal officers, not citizens of Louisiana, may be set up as candidates for Congress in that State. In my view there could be no possible object in such an election.

To send a parcel of Northern men here as Representatives, elected, as would be understood, (and perhaps really so,) at the point of a bayonet, would be disgraceful and outrageous; and were I a member Congress here, I would vote against admitting such men to a seat.

Yours, very truly, A. Lincoln.”

(Civil War and Reconstruction, James G. Randall. D.C. Heath and Company, 1937. pg. 701)

Gen. Samuel G. French, a Southern officer born in New Jersey, wrote postwar of the extreme sacrifices Americans in the South had made in their drive for political independence. Speaking to a group regarding their memorial efforts, he said:

“I am not unmindful, ladies, of the power you possess & can exercise in preserving the true story of the war & the memory of the South’s soldiers. Tell the true story to your children. Because if you don’t, their teachers will tell them their version.”

Shaking the Instincts of Our Youth

“She arrived in Wilmington, North Carolina before dawn on December 30, 1866. Had she been superstitious, Amy Bradley might have felt that even the elements were trying to tell her that “the mission was doomed, for “the snow was falling fast, making the prospect cold and cheerless.” Undaunted by her chilly reception in town, she got to work shortly after light.

She first presented a letter of introduction to Rev. S.A. Ashley, a New Englander who represented the interests of the American Missionary Society, the Freedman’s Bureau and who was described to her as “the superintendent of Wilmington Schools.”

Their conference was followed by a tour of Dry Pond, one of the city’s poorest white neighborhoods. Amy then paid formal calls upon several local carpetbag politicians, men of substance who might be empathetic to her “mission,” because of a shared New England background or identification with Republican party politics. These gentlemen, “though courteous in their reception, frankly, told her it was impossible for her to succeed.”

Their pessimism sprang from an understanding of Wilmington’s attitudes rather than any personal distaste for Amy or disdain for her proposed school. However, they knew full well that in the emotional aftermath of defeat and devastation of Reconstruction, Wilmington’s old-line Conservatives would not be so charitable. “Do-gooders from the north were not held in high esteem. As one observer put it:

“Following the destruction of the Southern States by armies of northern radicals, swarms of the riffraff of northern cities, the dregs of northern society, poured into the South. Among them were the female “missionaries,” as they styled themselves, with a “holier than thou” attitude. “How much better it is to do it our way,” said those arrogant New England schoolmarms.”

Amy soon became a familiar Wilmington figure as she went house to house drumming up interest in her proposed school. Despite many town women pulling their skirts aside when she passed, or spat on her, she held her head high and continued the rounds. In early January 1867 one local carpetbagger capitulated to her badgering and gave her the key to the old Dry Pond schoolhouse, abandoned in 1862.  Within four days she had the school cleaned and welcomed the first three students.

After two months Amy had sixty-two members of the Benevolent Society meeting there to sew book satchels for prospective students. On March 1, 1867, she brought in teacher Miss Claribel Gerrish from New Hampshire to assist in school. Amy now had someone to talk to, walk with and share the teaching.

To make it clear that Bradley and company were unwelcome, the Wilmington Dispatch ran a front-page article:

“Equally obnoxious and pernicious is to have Yankee teachers in our midst, forming the minds and shaking the instincts of our youth – alienating them, in fact, from the principles of their fathers and sowing the seeds of their pernicious doctrine upon the un-furrowed soil. The South has heretofore been free from the puritanical schisms and isms New England, and we regret to see the any indication of the establishment here of a foothold by their societies professing the doctrines of Free Love-ism, Communism, Universalism, Unitarianism and all the multiplicity of evil teachings that corrupt society and overthrow religion.”

Although Amy considered herself a woman of the world, she was probably too naïve to realize why her school merited such an attack. Her background as an active member of the Unitarian-Universalist establishment probably made it impossible for her to understand how a religion so well-accepted in Boston was such an anathema to Wilmington. The editorialist’s more accurate charge that she was teaching a doctrine offensive to her pupils’ forefathers did have merit, for Amy never missed an opportunity to promote her political philosophy.”

(Headstrong: The Biography of Amy Morris Bradley. DC Cashman, Broadfoot Publishing, 1990, pp. 159-176).

1964 Presidential candidate Goldwater was the last Old Right conservative to emerge after the marginalization of Robert A. Taft by the leftist Rockefeller wing of the Republican party, who cheered on political-waif Eisenhower as their candidate. Ike’s contribution after eight years as president was to appoint Earl Warren Chief Justice as a political payoff, and warning Americans of the military-industrial complex he helped create.

Civil, Human and Natural Rights

“[The authority of individual States] are easy enough to define. The Tenth Amendment does it succinctly: “The powers not delegated to the United States [government] by the Constitution nor prohibited by it to the States are reserved to the States respectively, or to the people.”

Civil rights should be no harder. In fact, however, thanks to extravagant and shameless misuse by people who ought to know better – it is one of the most badly understood concepts in modern political usage.

“Civil rights” is frequently used synonymously with “human rights” – or with “natural rights.” As often as not, it is simply a name for describing an activity that somebody deems politically or socially desirable. A sociologist writes a paper proposing to abolish some inequity, or a politician makes a speech about it – and behold, a new “civil right” is born! The Supreme Court has displayed the same creative powers.

A civil right is a right that is asserted and is therefore protected by some valid law . . . but unless a right is incorporated in the law, it is not a valid civil right and is not enforceable by the instruments of the civil law.

There may be some rights – “natural” or “human”, or otherwise, that should also be civil rights. But if we desire to give such rights the protection of the law, our recourse is to a legislature or to the amendment procedures of the US Constitution. We must not look to politicians, or sociologists – or to the courts – to correct the deficiency.”

(The Conscience of a Conservative, Barry Goldwater, Victor Publishing Company, 1960, excerpt pp. 32-33)

No Equality Other Than Political

Mr. Justice [Henry] Brown, after stating the facts in the forgoing language, delivered the opinion of the court in Plessy v. Ferguson, 163 U.S. 537 (1896)

“This case turns upon the constitutionality of an act of the general assembly of the State of Louisiana, passed in 1890, providing for separate railway carriages for the white and colored races. (Acts 1890, No. 111, p. 152).

The constitutionality of this act is attacked upon the ground that it conflicts with both the Thirteenth Amendment, which abolished slavery and involuntary servitude, except a punishment for crime, and the Fourteenth Amendment, which prohibits certain restrictive legislation on the part of States.

One: That it conflicts with the Thirteenth Amendment abolishing slavery . . . is too clear for argument. In the Civil Rights cases, it was said that the act of a mere individual, the owner of an inn, a public conveyance or place of amusement, refusing accommodations to colored people, cannot justly be regarded as imposing any badge of slavery or servitude upon the applicant, but only as involving an ordinary civil injury, property cognizable by the laws of the State, and presumably subject to redress by those laws until the contrary appears. ‘It would be running the slavery question into the ground,’ said Mr. Justice [Joseph P.] Bradley, “to make every act of discrimination which a person may see fit to make as to the guests he will entertain, or as to the people he will take into his coach or cab or car, or admit to his concert or theater, or deal with in matters of intercourse or business.”

A statute which implies merely a legal distinction between the white and colored races, and which must always exist so long as white men are distinguished form the other race by color, has no tendency to destroy the legal equality of the two races, or re-establish a state of involuntary servitude. Indeed, we do not understand [why] the Thirteenth Amendment is strenuously relied upon by the plaintiff in this connection.

Two: the object of the Fourteenth Amendment was undoubtedly to enforce the absolute equality of the two races before the law, but, in the nature of things, it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political, equality, or a comingling of the two races upon terms unsatisfactory to either. Laws permitting, and even requiring, their separation, in places where they are liable to be brought into contact, do not necessarily imply the inferiority of one race to the other, and have been generally, if not universally, recognized as within the competency of the State legislatures in the exercise of their police power.

We consider the underlying fallacy of the plaintiff’s argument to consist of the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by the reason of anything found in the act, but solely because the colored race chooses to put that construction upon it.  The argument also assumes that social prejudices may be overcome by legislation, and that equal rights cannot be secured to the Negro except by an enforced comingling of the two races. We cannot accept this proposition.

If the two races are to meet upon terms of social equality, it must be the result of natural affinities, a mutual appreciation of each other’s merits, and a voluntary consent of individuals.

Legislation is powerless to eradicate racial instincts, or to abolish distinctions based upon physical differences, and the attempt to do so can only result in accentuating the difficulties of the present situation. If the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane.”

(www.statesrightsjournal.com, accessed April 24, 2004)