NEGRO SUFFRAGE IN FLORIDA

FROM 1865 TO THE PRESENT

A THESIS

SUBMITTED TO THE FACULTY OF ATLANTA UNIVERSITY

IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR

THE DEGREE OF MASTER OF ARTS

BY

ALLEN QUINN JONES, JR.

DEPARTMENT OF HISTORY

ATLANTA, GEORGIA

AUGUST 1948 PREFACE

It is the purpose of this study to present a story of the role played by the Negro in exercising the right of suffrage in Florida. The writer endeavors to treat the subject fron 1865 until the present and in so doing, he wishes to present a story which will depict the attitudes of tiie various personalities and agencies within that scope of time.

Actual contributions to this area of scholarship have been un¬ productive. Investigators in the history of the state have been concerned with other aspects of the state's history to the exclusion of this subject.

Hence this area is filled with great potentialities for anyone who wishes

to melee a real contribution to Florida history.

The data for this paper, which originate from primary sources

largely - newspapers, court decisions, legislative proceedings - and sup¬ porting secondary works, is interwoven with the raain chronological devel¬

opments so as to present a fairly simple narrative. The sources used,

though not extensive at every point, are sufficient to supply the basic

facts upon which the story may be spun. However, there is not enough tes¬

timony which treats the Negro reaction to the suffrage question. In this

regard, the sources covering the period from 1865 - 1876 are more numerous than those which cover the following period, 1876 - 1800. The gap between

1900 and 1928 has to be filled from secondary sources. During these years the Negro was kept out of Florida politics almost completely and he seemed

to have considered a struggle as not worthwhile. 7/ithin the last few dec¬

ades and especially since 1937, the rebirth of political activity has been

ii Ill much in «Tidence. The ITegro press has not failed to record the major trials and triumphs.

The material is arranged according to topics in four chap¬ ters. An attempt has teen made to group it in logical and chronolog¬ ical order. Following the fourth chapter there is a summary and a bi¬ bliography.

The writer gratefully acknowledges the advice and criticism of Professor C. A. Bacote, Department of History, Atlanta University, and Dr. L. D. Reddick, librarian and professor of History at the same institution. Also many thanks are due Hr. Julien C. Yonge, librarian of the University of Florida's Library of Florida History, and his secre¬ tary, Mrs. Harriet C. Skofield, for the use of the resources of that in¬ stitution and for additional courtesies. However, the writer is alone re¬ sponsible for the unavoidable errors of this work. iii

TABLE OF CONTENTS

Page

PREFACE ii

CHAPTER I POLITICAL DEVELOPMENTS FROM THE END OF THE CIVIL 'WAR UNTIL 1868 1 Marvin Appointed Provisional Governor Attitude Toward Negro Suffrage Election of State Convention Delegates to Constitutional Convention Marvin's Message Walker Elected Governor Walker and Negro Suffrage Freedmen's Bureau Republican Factions Political Meetings Reaction to Meetings Wilkinson Call S. R. Mallory- Constitutional Convention of 1868 Delegates Question of Eligibility- Return of Monticello Group The Monticello Constitution Ratification Civil Government Restored

CHAPTER II REPUBLICAN RULE AND REACTION 18 Restoring Civil Administration Attempts to Deter Negro Vote Election of 1872 Lawlessness Ku Klux ICLan Investigating Cornaittee Young Men's Democratic Club

CHAPTER III DEMOCRATIC SUPREMACY 27 Democratic State Convention Questions Considered Election of 1876 Curbing Negro Vote Election Day Results Scrutinizing Returns Choosing Delegates Constitutional Convention of 1885 Poll Tax Multiple Ballot The Primary System Bryan Primary Law Election of 1928

CHAPTER IV RECENT DEVELOPMENTS Repeal of Poll Tax Davis v. Cromwell Davis v. Chavis Negroes end Primary Election Court Ruling Voting Strength of Negroes Progressive Voters' League Objectives of League Membership 1946 Primary Women and Suffrage Use of Ballot Population and Voting Primary Election of 1948 Evaluation of Negro Vote

SUMMARY . .

BIBLIOGRAPHY CHAPTER I

POLITICAL DEVELOPMENTS FROM THE END OF THE CIVIL WAR UNTIL 1868

The story of the formation of civil government in Florida after the

Civil War is filled with a multiplicity of events. On July 13, 1865, Presi¬ dent Andrew Johnson appointed William Malvin, a Union man from Key West as the provisional governor, with orders to set up a civil government. He em¬ bodied in the commission of the provisional governor, an injunction which stipulated that no person should be allowed to vote for the delegate to any convention called in his authority, who was not a qualified voter before Jan- 2 uary 10, 1861. In fact, no Negro was authorized to vote at this election.

On addressing the people of the state, Governor Marvin enumerated the duties of the governor, the duties of the voters, and he also authorized the election of delegates to amend the constitution. In setting forth the qualifications of the voters, the governor advised that only free white sol¬ diers, seamen, and marines in the army or navy of the United States who were qualified at the time of enlistment and who had taken the amnesty oath could vote. Others qualified to vote v/ere free white males twenty-one years of age, citizens of the United States who had resided and who had their homes in this state for one year preceding the election and six months residence in the coun- 3 ty of which they sought to vote. The question of Negro suffrage, thought he,

^"Kathryn Abbey, Florida-Land of Change (Chapel Hill, 1941), p. 295. 2 John Wallace, Carpetbag Rule in Florida (Jacksonville, 1888), p. 5. 3 Ibid., pp. 5-8.

1 2 was an open question - a proper question for discussion and should be decid- 4 ed soundly by the constitutional convention. The attitude of Governor Mar¬ vin toward the use of Negro suffrage was filled with hostility, as was shown in his message to the people of Florida, calling for a constitutional conven¬ tion.

But freedom does not necessarily include the idea of partici¬ pation in the affairs of government. The privilege of voting at elections, the capacity to hold office, or to sit on juries, are not essential rights of freedom. They are privileges conferred or duties enjoined upon certain persons or classes of persons by the supreme power of the state, for and on account of the public good, and the persons or classes of persons upon whom these priv¬ ileges are conferred or these duties enjoined, may be increased or diminished, within reasonable limits without impairing rights of freedom, according as that power may determine.“

On October 10, 1865, three months after Marvin became governor, the election of a state convention to construct a new constitution took place with registration and election procedures being supervised by federal, military, and civic officials. Those white persons who had taken the amnesty oath and the other whites who had received special pardons were alloxved to vote. Al¬ though the election was quiet, only about half the voters of five years ear- 0 lier took advantage of the privilege to cast their ballots. The number of qualified voters up to the day of election was 8,512, and the number of votes 7 cast for delegates was 6,707. A list of delegates to the convention consid- 8 ered numerically by counties follows: Escambia 2 Nassau 1 Santa Rosa 2 St. Johns 1 Walton 2 Duval 1 Holmes 1 Clay 1 Washington 1 Putnam 1 Jackson 3 Alachua 2 Calhoun 1 Marion 2 Franklin 1 Levy 1

4 "Proclamation of Governor Marvin", Weekly Floridian, Tallahassee, Flori¬ dian, Tallahassee, Florida, September 25, 1865, p. 4. ^Journal of the Proceedings of the Constitutional Convention of 1865, Message of the Governor, 1865, pp. 10 and 11. “Abbey, op. cit., p. 296. ^Wallace, op. cit., pp. 8-9. 3

Liberty 1 Hernando 1 Gadsden 1 Hillsborough 1 Leon 4 Manatee 1 Jefferson 3 Polk 1 Madison 2 Orange 1 Taylor 1 Volusia 1 Lafayette 1 Brevard 1 Hamilton 2 Sumter 1 Suwanee 1 Monroe 1 Columbia 2 Duval 1 Baker 1 Bradford 1 The long awaited and the much-talked of convention finally assembled 9 on October 25, 1865 at Tallahassee. Most of the delegates claimed membership in the ranks of the ex-Confederates.^ The Honorable E. D. Tracy of Nassau

County was called to the chair; a committee was appointed to wait upon the pro¬ visional governor and to obtain from him a list of the delegates that had been elected. This having been done promptly, a list of delegates was immediately forwarded to the convention. Although E. D. Tracy from Nassau County had been elected president of the convention, it was quite evident that the convention was held ’under the control of the governors and the military officials.^ In his message to the convention, the governor reflected in his attitude toward

Negro voting very forcefully. According to some observers, he was regarded as rather narrow-minded. This belief was upheld because of his utterances in asserting that no considerable number of Negroes desired the full panoply 12 of citizenship. With twelve days of deliberation to its credit, the conven¬ tion adjourned, after having annulled the ordinance of secession of January

10, 1861, and after having accepted emancipation somewhat reluctantly. "In a sort of obiter dictum, the convention recorded its opposition to Negro suf- 13 frage. The convention also retained the system of counting the Negro as

^Ibid. 10 Abbey, op. cit., p. 296. ■^Wallace, op. cit., p. 11. ■^Ibid., pp. 12-15. "Abbey, op. cit., p. 296. 4 three-fifths of the population in apportioning representation and adopted a constitution which became effective November 7, 1865, without being subnit- 14 ted to the people for ratification. This constitution established the same qualifications that were in existence before the Civil War by stipulating 15 that only free whites could vote.

After the adjournment of the constitutional convention, the new state officers were elected on November 29, 1835, and of the eight thousand 16 persons who had been registered, only one-half voted. In the race for governor, a whig, David S. Walker was elected and in the legislative branch representation consisted mainly of ex-slave holders and veterans.

Immediately after Governor Walker took office, he voiced his senti¬ ments in regards to the role of the Negro as to suffrage. In an address pre¬ sented to the legislature, he stated that should Congress refuse to admit our senators and representatives because Florida had not allowed Negro suf¬ frage, the state should wait until Congress should change its mind. However, he asserted that this state could never accede to the demands for Negro suf- 17 frage in case Congress made such demands. His attitude toward Negro suf¬ frage was further authenticated by these words spoken by him:

We have been able to give an honest and conscientious assent to all that has been done, but each one of us knows that we could not give either an honest or conscientious assent to Negro suf¬ frage. There is not one of us that would not feel that he was do¬ ling wrong, and bartering his self respect, his conscience and his duty to his country end to the Union itself, for the benefits he might hope to obtain by getting back into the Union. Much as I worshipped the Union, and much as I would rejoice to see my state once more recognized as a member thereof, yet it is better, a thousand times better, that she should remain out of the Union,

14 Florida Statutes 1941 Vol. Ill, Part II, p. 163. 15 James Knauss, "The Growth of Florida’s Election Laws", Florida Histori¬ cal Quarterly, Vol. V, No. 1, July 1926, p. 12. 16 Abbey, op. cit., p. 297. Journal of the House of Representatives of the General Assembly. Ad¬ dress of Governor Y/alker to the legislature, l^ah session^ Tallahassee, De¬ cember 18, 1865, p. 16. 5

even as one of her subjugated provinces, than go back, eviscer¬ ated of her manhood, despoiled of her honor, recreant of her duty, without her self respect, and of course, without the re¬ spect of the balance of mankind - a miserable thing, with seeds of moral and political death in herself, soon to be communicated to all her associates.^

The above stated attitude toward the Negro and his exercise of the ballot voiced the sentiments of other leading politicians of the state at this time. Wilkinson Call stated that he was always opposed to Negro suffrage 19 and he thought such a policy un7d.se and abhorrent. The Floridian carried an article which further colored the attitude of conservative Floridians toward this problems

I cannot hesitate to say that the Southern man who ad¬ vocates immediate universal suffrage must be either incap¬ able of understanding the true theory of government, or else is madly sacrificing for dubious ends, to the fanati¬ cism of a faction, those lofty principles which should guide the patriot and statesman.^®

On March 3, 1865, Congress set up as a branch of the War department, the Freednen's Bureau - an organization of refugees, Freedmen and abandoned lands, which was to assume a role of guardianship over the Freedmen. However, by early 1866, the judiciary committee through Lyman Trumbull reported the

Freedmen's Bureau Bill of 1866, a measure of which enlarged the powers of this

Bureau. This measure provided that when a state discriminated against the Ne¬ groes by its laws, the president could extend military law over the state con¬ cerned with the Bureau official executing it. This law, which passed the Sen¬ ate by a vote of 37 to 10 and the House by a vote of 136 to 33, was immediately vetoed by President Johnson, who contended that its constitutionality stood

18 Wallace, op. cit., pp. 24, 25. 19 Weekly Floridian, Tallahassee, Florida, November 7, 1865, p. 1. 20 W. 0. Girardeau, "To the Citizens of Florida" Weekly Floridian, Tallahassee, Florida, September 4, 1865, p. 3. 6 questioning because it had been passed by a Congress in which eleven states had no representation. Many conservative northern representatives and sen¬ ators did not wish to break with Johnson; so the attempt to pass the bill over his veto failed.

At about the same time this controversy raged, the senate judi¬ ciary committee reported a civil rights bill which declared all persons born in the United States except Indians not taxed and foreign subjects.

This civil rights bill which made the Freedmen citizens was also vetoed by 21 Johnson. However, this bill 7/as passed over his veto.

3y early fall of 18G5 the Freedmen*s Bureau was established in

Florida with Thomas W. Osborns as the first chief assistant commissioner, 22 with headquarters at Tallahassee. Under his administration were sub-com¬ missioners who maintained jurisdiction over certain districts which com¬ prised several counties, along with various local agents. The activities of the Bureau soon varied from the initial objectives and soon took on a political color in spite of the great good which was done at first. While at Tallahassee, Thomas Osborne formed a secret league among the Negroes and he told them that it was his objective to prevent their being returned to

slavery. This league was called the Lincoln Brotherhood, and Osborn early grasped the opportunity to make himself president and to establish subord- 23 inate leagues throughout the state.

In the spring of 1867, the Republican national committee sent

William U. Saunders, colored, from Maryland, and Daniel Richards, white,

^Wallace, op. cit., p. 42. 22 Abbey, op. cit., p. 300. 23 'Wallace, ojo. cit., p. 42. 7 from Sterling, Illinois, to speak and to organize the Republican party in 24 this state. These two men along with Liberty Billings, a former lieuten¬ ant colonel of a regiment in the Union army, consulted in Tallahassee in order to circumvent the "Lincoln Brotherhoods." They resolved to supplant the "Lincoln Brotherhoods" by a new secret organization called the "Loyal

League of America" a fact of which started the war which culminated in two

25 Republican factions within the state. Later, a third, moderate and con¬ servative faction ot this party was organized as the Republican Club of

Jacksonville, with 0. 3. Hart as its leader. This faction was instrumen¬ tal in engineering the first real state Republican convention which met at 2G Tallahassee on July 11, 1867. Thirty counties were represented and half

27 of the one hundred twenty-five delegates present were Negroes.

Immediately after the colored voters had been organized in the state, numerous meetings were held by them in various cities. In Tallahas¬ see on April 20, 1867, the Freednen of Leon County called a political meet¬ ing for the purpose of deciding issues and for the purpose of asking the southern whites to concede them their rights under the laws. The following resolution was adopted by the groups

Whereas, history shows that our race, since the organization of the government of the United States, hr.s been in a condition of bondage in all the southern states of the Union, and that in the great revolution of the last six years, through the great mercy of God, the political actions of the Republican party in the North by the force of its arms, the blood of its soldiers, we have been made free, and now by the action of the Congress of the United States as controlled by the Republican party, we are grant¬ ed the right of suffrage - the franchise of citizens, and for the

24 Ibid., pp. 44, 45. 25 Ibid.

William Davis, The Civil 'War and Reconstruction in Florida (New York, 1913), p. 472. 27 Ibid., p. 475. 8

first time in the history of the country. We have a voice in our own government, therefore Resolve that we owe a debt of everlasting gratitude first to almighty God, and second to the Congress of the United States for the boon of freedom vdiich both the white man and black man today enjoy, and for the most glorious blessing to free men in a free country, the right of franchise. 8

A similar resolution was drawn up by the colored voters in Jacksonville of 29 the same year.

As a result of the frequent meetings and the apparent interest of the Negroes of the state in political affairs, various newspapers and public officials readily expressed their sentiments about these assemblies. After a colored political meeting which convened in Tallahassee on April 20, 1367, the Floridian expressed its attitude. It thought that the Negroes had a right to call meetings but believed that the Negroes should have sought the counsel and advice of the whites, adhering to the belief that the whites had

30 more experience and therefore a broader view of political things. Com¬ menting further at another time, the Floridian remarked that Negro suffrage was a most, odious feature of .the military Reconstruction bill and that if

Negro suffrage could be prevented permanently, it was worth fighting for be¬ cause the very nature of the problem served as good need to fight. However, it went on further to opine that if the South was going to concede Negro suf frage eventually, it would be better to accept it. The paper went further to state that if there must be Negro suffrage during military rule, the southerner should make the mo st of it because it 'would be better to ’welcome the Negro vote and control it than by offering ineffectual resistance, there

^Editorial in the Weekly Floridian, Tallahassee, Florida, March 21, 1867, p. 2.

30Ibid., April 19, 1867, p. 2. 9

by souring and exasperating the Negro mind. Furthermore, it suggested that

the skill of the southern whites would help them control the Negro vote as

easily as the whites had always done provided they began in season before

the radicals could manipulate the Negro mind into subserviency and hence 31 instigate the hatred of the Negro toward the southorn whites.

From the Sentinel an economic attitude was expressed toward the

frequent colored meetings. The Negroes were too often drawn from their work

and as a result the crops were left undone. It was suggested that the meet¬

ings be held at night since work was the only thing that would feed and 32 clothe the Negro - the vote would never bring him any material gain.

In an open letter to the people of Florida, Wilkinson Call ex¬

pressed his attitude toward the suffrage problem:

I do not despair of the Freedmen exercising under your aid and with your sympathy and encouragement, the suffrage in such a manner as at least not to cause any great detriment to the country. Let us before pronouncing judgment on them give them a fair trial and endeavor by all the means within our reach to aid and encourage them in the right direction. They are bound to us by many ties of kindly association and of interest, and for the most part, the relations of our people with them since their emancipation have been those of mutual friendship and in¬ terest. Let us examine, then,still hope that - they may so ex¬ ercise the franchise as to promote the welfare of our people and the prosperity of the state.

Another outstanding political leader of the state, S. R. Mallory,

in a speech made at Pensacola in April, 1867, urged Negroes against secret

34 political societies and organizations.

51Ibid., March 1, 1867, p. 2. 32 Editorial in the Tallahassee Sentinel, Tallahassee, Florida, May 10, 1867, p. 2. 33 "Letter From Wilkinson Call to the People of Florida", Tallahassee Sentinel, Tallahassee, Florida, April 12, 1867, p. 2.

■^Editorial in Weekly Floridian, Tallahassee, Florida, April 9, 1867, p. 2. 10

By 1867, it had become evident that the great concern of the rad¬

ical Congress was to abolish the governments that President Johnson had set up in the southern states. Congress succeeded in passing the Reconstruction

Act of March 2, 1867, an Act which merely enacted a plan but on March 23, a new Act was passed which provided the necessary machinery for making the plan operative. Again on July 19, 1867, Congress passed the third Recon¬ struction Act. Congressional reconstruction received its legal status in these three laws. President Johnson appointed General Pope over the third military district which included Florida, Alabama, and Georgia. Florida was a sub-district with headquarters at Tallahassee under the supervision of 35 Colonel J. T. Sprague.

By 1867 it had become necessary to establish civil government in

Florida and the issues of electing delegates to the convention and the ques- 36 tion of holding a convention were set before the people. For this purpose, the state was divided into nineteen election districts with one polling

37 place set up in each county. The conservatives of the state sought in a futile manner to offset the movement for a convention by voting against the 38 convention or by failing to vote at all. However, in the final analysis,

the election which was held on Kovember 14, 15 and 16, 1867, under the su¬ pervision of the military officers, elected forty-six delegates of which

39 40 eighteen were Negroes. Seven of these eighteen Negroes were preachers.

Abbey, op. cit., p. 306. 36 Ibid., p. 307. 37 Tlfallace, op. cit., p. 49. 38 Abbey, op. cit., p. 307. 39 Ibid. 40 Davis, op. cit., p. 497 11

The question as for a constitution or against one, and the issue for del¬ egates to the convention in case a majority of the votes were for the con¬ stitution, had been settled. According to Wallace, of the 27, 172 regis- 41 tered voters, 14,503 voted for a constitution. Two hundred three voted against. According to Cash, 11, 148 whites registered to vote for the con- 42 vention and 15,453 Negroes did likewise. The reason for the larger Negro representation was due to the fact that General Pope had gerrymandered the 43 election districts and the "iron clad" oath had disfranchised many whites.

The story of the delegates and their qualifications presents a very interesting picture. According to Mrs. Abbey "the level of intelli¬ gence was low, that of prejudice exceedingly high, while experience was 44 chiefly conspicuous by its absence." However, Jonathan C. Gibbs, colored, who later became secretary of state and superintendent of public instruction

for the state "was the best educated delegate in the convention, as well as 45 the most conservative and polished speaker." Gibbs, who was born in Phila¬ delphia, and who at the time of the convention was thirty-seven years of age, came to this state in 1867. Ke was educated at Dartmouth College,

studied theology at Princeton for two years, but did not graduate.^® Ac-

47 cording to Wallace, Gibbs graduated from Harvard University. Later, Gibbs made a name for himself 7/hen he was ins.de pastor of a Presbyterian Church in

Philadelphia, having been selected by the old school Presbyterian Church to

41 Wallace, op. cit., p. 49. 42 William T. Cash, History of the Democratic Party in Florida (Live Oak, 1936), pp. 52, 53. 43 Ibid. .44 Abbey, op. cit., p. 307. ^Wallace, op. cit., p. 55. ^®House of Representatives Reports, 42nd. Congress, 2nd. Session, No. 22, pt. 13, pp. 220, 221. ^Wallace, op. cit., p. 55. 12

come down and take charge of the scattered members of this church and to

open schools and churches for them. After this mission, Gibbs went to

North Carolina, and then to South Carolina, where he remained until 1867,

after which he came to Florida. After his election to the convention 48 as a delegate, he became interested in politics.

As a member of the Constitutional Convention of 1868, his activ¬

ities pointed to his adherence to the Billings faction and he forever tried

hard to secure a constitution that would protect the state’s property and

at the same time protect the rights of the Freedmen. On several occasions 49 while in the convention, he reprimanded Billings. Gibbs was also con¬

spicuous by the manner in which he opposed the extravagant spending of money by the Billings and Saunders faction. It is notable to learn that

Gibbs was not a politician, but an honest Republican who tried to lay a 50 respectable party in the state.

Another interesting Negro personality was Josiah T. Walls who

was born in Winchester, Virginia, on December 30, 1842. Because of the

hardships in his life, he as deprived of a common school education - hence

he became a self educated man. By 1863, he came to Jacksonville where he

remained until 1865. On leaving Jacksonville, Walls \vent to Alachua County

where he lived and labored as a farmer. In 1867 he was appointed to the Re¬

publican platform committee, arid in 1868 he was elected a delegate to the

Constitutional Convention. In this same year, he was elected a member of

AO House of Representatives Reports, loc. cit., p. 223. 49 Wallace, op. cit., p. 53. 50 Ibid., p. 55. 13 the state assembly where he served two sessions. Later, he served as senator from the thirteenth district to fill the place of Horatio Jen- 51 kins.

Robert Meacham, who was born a Floridian in Gadsden County had an interesting record. He lived in Monticello in Jefferson County and he later became a state senator, register of the United States Land Office, superintendent of schools in Jefferson County, and clerk of a county cir- 52 cuit court. Davis referred to him as an intelligent preacher - the son 53 of a white father.

The convention also found John Wallace present. Born in North

Carolina, he was held a slave until 1862, after which he went to Washing¬ ton, D. C., and enlisted in the United States Army. After his discharge from the service, he proceeded to Tallahassee where he was made messenger of the cons kitutional convention. Later he was appointed constable of Le¬ on County for two years; elected twice to the lower branch of the legisla¬ ture and he ms twice elected to the Senate, where he served for eight 54 years.

Other colored delegates were as follows: Emanuel Fortune, who 55 was identified with the Osborn-Purman faction. Born in Florida, he had a fair education, was a good debater, and was a staunch opponent of the Bill- 56 ings-Saunders faction. Green Davidson, a barber-politician, was given to

cn fiery talk about social equality and political rights. Joe Oats was

51 Editorial in the Tallahassee Sentinel, Tallahassee, Florida, April 10, 1870, p. 2. l^Hpuse of Representatives Reports, Loc. cit., p. 105. 530p. cit., pp. 495, 496. ^Wallace, op. cit., pp. 3, 4. t^ibid., pp. 56, 57. ODlDavis, op, cit», pp, 495, 496, 57Ibid. 14 characterized by Davis as a man of a suave tongue. Charles Pearce, a preacher, was very popular with the women, and later, was convicted in court for accepting bribes as a legislator. William U. Saunders, a most 59 prominent Negro, was shrewd and very dangerous as a politician.

On January 20, 1868, the delegates met in Tallahassee and the convention began with only twenty-nine of the forty-six elected delegates 60 present. Immediately C. H. Pearce, colored, from Tallahassee, was elect¬ ed temporary president and H. Ford of Baltimore, Maryland, colored, was 61 elected temporary secretary. Later, Daniel Richards was chosen president

62 and within three days all permanent officers had been elected. It is to be remembered that at the beginning of the convention the majority of the

Negroes opposed the conservative Osborn faction which was better known as the "Johnson Party".®^

An ordinance v*ras introduced denying the convention the power to decide on the eligibility of the officers who had been elected to the con¬ vention. This question of eligibility which finally aroused bitter antag¬ onism effected a split in the convention which culminated in the secession of twenty-one delegates to Monti cello for the express purpose of devising 64 a constitution which was later adopted. At Monticello, this group of legislators met and worked out a constitution while the rump convention met 6 5 in Tallahassee and formulated their constitution.

58 Ibid. S^Ibid. Florida Statutes , 1941, Vol. Ill, pt. 1, p. 178. ^Wallace, op. cit ., p. 50 ^Abbey, op. cit., p. 308. g^Cash, op. cit., pp. 56, 57. Abbey, op. cit., p. 308. 65Ibid. 15

After this split occurred, something had to be done in order to break this deadlock and eventually the intervention by the military offi- 66 cials made it possible for the Monticello group to return to Tallahassee.

After reorganizing the convention with federal military officers presiding, the constitution which had been drafted at Monticello was adopted on Febru¬ ary 25, 1868, by a vote of twenty-eight to sixteen, and later the same con¬ stitution was ratified by the people at an election which was held in May, 67 1868.

A brief analysis of the Monticello constitution gives one a con¬ crete idea concerning the objectives of the framers. The document was fair¬ ly liberal and it also complied with the basic principles of the congression¬ al plan. Local officers were mainly appointive and a new system of circuit courts was elected. County representation in the assembly was limited to a maximum of four delegates each. Though the limitations on county represen¬ tation kept the large Negro counties from controlling the state, the Negro 68 was not eliminated from politics.

On evaluating the constitution, John Wallace claimed that this document was traitorous in that clauses were inserted which were intended to prohibit Negroes from holding such offices as those of governor and con¬ gressmen unless they had been citizens of the United States for nine years,

69 two years a citizen of Florida, and a registered voter.

^Florida Statutes, 1941, Vol. Ill, pt. I, p. 178. 67 Davis, op. cit., pp. 527, 528. 68 Acts of Florida, 1868, p. 3. 69 Op. cit., pp. 63, 64 16

At the election '/Thick was held in order to ratify the Monticello

constitution, the voters selected a governor also. The registered Negroes outnumbered the whites while they also voted solidly Republican. Of the to¬ tal number of votes cast for the constitution, 14,561 votes were cast for 70 the constitution while 9,511 votes were cast against it. The total number of registered voters was 31,498 with 7,095 failing to vote, while registra- 71 tion records showed that 13,698 whites and 17,800 Negroes were listed.

As could have been expected, various conservative agencies and factions gave vent to their feelings of dissatisfaction. Numerous claims

of fraud were made with claims which ran from fraudulent affidavits to the 72 establishment of bogus ballet boxes. However, on July 4, 1868, civil gov¬

ernment was restored officially in the state and the Republicans ruled for

eight years.

Thus the political developments from the end of the Civil War until 1868 presented a colorful picture. During this period, Governor Mar¬ vin, his successor Governor Walker, the newspapers, and leading Democrats

showed open hostility toward the Negro and his exercise of the franchise.

The Constitutional Convention of 1865, which claimed membership among the ranks of the ex-Confederates, formed a constitution which denied to the Ne¬ gro the right to vote. The establishment of the Freedmen’s Bureau in Flor¬

ida led to the rise of the three Republican factions and the subsequent or¬ ganization of the colored voters. By 1867, when it had become necessary to

70 Davis, op. cit», pp. 527, 528. 71 ‘ Ibid. 72 Editorial in Weekly Floridian, Tallahassee, Florida, August 25, 1868, p. 2. 17 establish civil government in Florida and elect delegates to another consti¬ tutional convention, the supervision by the military officials of the Uni¬ ted States, made it possible for the election of eighteen Negroes to the

Constitutional Convention of 1868. These Negro delegates took part in framing the Constitution of 1868 which bestowed upon the Negro, the privi¬ lege to vote and in the election which was held in the same year, the Ne¬ gro voters outnumbered the whites by several thousand votes. CHAPTER II

REPUBLICAN RULE AND REACTION

Though civil administration had been officially restored after

July 4, 1868, the Negro voters in communities of larger population were kept from the control of local affairs by virtue of the fact that the

Constitution of 1868 had given the governor the power to appoint all county officials, the result of which led to the appointment of the whites in the majority."*" Although the leadership was white, that leadership de- 2 pended on the Negro vote in conjunction with the aid of federal troops.

In spite of the leadership of the party being centralized in the hands of the whites, the Negro was forever active and he played a dominant role in the political field. Below is an appeal which was made to the Re¬ publican voters of Florida by William U. Saunders:

Republicans of Florida: white, colored - one and all - I come before you for your votes, I pray attend my call. The present aspect of affairs strict vigilance demands, to save our offices of trust from usurpation's hands. I claim the white vote as a man who battles for the right. I claim the colored vote, be¬ cause for them I fought - will fight. I fought to strike down slavery, to make my people free. I fought to save the Union's life - for God and liberty. I joined the Union army, "high pri¬ vate" and no more. As major I was mustered out at closing of the war. Now, in these piping times of peace, I see the press¬ ing need, the Freed have for public men who will prove friends - "indeed." White Senators, it seems to me, neglect our Colored race. Their sole desire appears to be to gain a good "fat place." Look at the men your votes have sent to Washington, to¬ day! Not one for our state's good will work unless he "makes it pay." Now I assert myself to be a good square honest man. I do

'William T. Cash, History of the Democratic Party in Florida (Live Oak, 1936), p. 61.

^Kathryn T. Abbey, Florida, Land of Change (Chapel Hill, 1941), pp. 310, 311.

18 19

detest "skull duggery" and each dishonest plan. I will not seek for place and power through base deceitful ends or, like my ri¬ val, Hamilton, "go back upon my friends." My record, fellow citizens, before you all I spread - my aim is for your highest good, as God is over head. 'Tis said one of our senators was begg’d to lend his voice to ask a grant for Florida, or lands both rich and choice. And this my white and colored friends, this was his sole reply: "By God", I'll never ask for it with¬ out the chance to buy." My friends, your votes for Congress now I confidently claim, and in return I pledge to you my hopes of wealth and fame. That to the "interest of all", I shall prove firm and true, and any bill for your relief - why, boys, I'll put her through." 'Tis time a representative to Washington should go, of our down-trodden race - and I'm the boy you know. William U. Saunders §

The Republican party began a steady decline by 1870 and the conservative Democrats were gradually gaining strength - the election 4 of the same year made this fact more evident. In spite of the attempts of the whites to stop the Negro vote, Negroes being determined to exer¬ cise the franchise, came to the polling places a day in advance and there they camped until time to vote. Sometimes violence played a great role at the elections, as ms the case in Columbia, Jefferson, Gadsden, and

Jackson counties. At Lake City a race riot was held the night before 5 the election. At Monticello, Negroes tried to crowd in on one of the polling places, harsh words ensued, and later a voting place closed.

Both whites and Negroes came forth with arms, shots were fired in the g air, and when the polls closed, numerous persons had been unabel to vote.

A riot was averted in Quincy in the midst of much disturbance. The Demo¬ crats came to town with arms and centered themselves around the court house square while Negroes attempted to crowd the polling places. Wherefore the

5 William U. Saunders, "Appeal to the Republican Voters of Florida" Weekly Floridian, Tallahassee, Florida, December 8, 1868, p. 1. 4 Cash, op. cit., pp. 64, 65. 5 William Davis, The Civil War and Reconstruction in Florida. (New York, 1913), pp. 621, 622. 6 House of Representatives Reports, 42nd Congress, 2nd Session, No. 22 pt. 13Î pi 103. 20 the conflict soon began and it lasted for two hours. The results of this fray caused no bloodshed, but -when the polls had closed, two or three hun¬ dred were in line and failed to get a chance to vote. This incident re¬ duced the Republican majority in Gadsden county from four hundred to six- 7 teen. Minor incidents occurred in Jackson and Duval counties. Several personal collisions, indulgence in abusive language and the frightening away from the polls of a few radical voters was the story in Jackson county. In Duval county, the ballot box of the Yellow Bluff precinct was g seized by the Republicans and the returns were altered.

The election of 1872 showed a decrease in the Democratic strength and the Republican candidates for state and national offices were all vic¬ torious. Josiah T. Walls, a Negro, was elected one of the congressmen a from Florida. The conservatives did everything in their power to keep the Negroes from the polls, resorting to fair and foul means.^ In the gubernatorial and legislative races, the weight of the Negro was clearly felt. In the legislature the House received twenty-nine Republicans and twenty-three Democrats, while the Senate received thirteen Republicans and eleven Democrats. The Democratic members were all white, but half of the

Republicans were Negroes.^

In the congressional and legislative elections of 1874, W. S.

Purraan and Josiah T. Walls, both Republicans, were elected to Congress.

Furman opposed J. A. Henderson and Walls opposed J. J. Finley. The result

7 Ibid., p. 76. 8 Ibid. 9 Cash, op, cit., pp. 64, 65.

"^Abbey, op. cit., p. 313. 11 Davis, op. cit., p. 641 21 of the balloting exposed the following results: 10,045 to 9, 377 for Pur- 12 man and 8,549 to 8,178 for Walls. Finley, who was dissatisfied with the election returns claimed fraud in Columbia county and took the case to Con¬ gress. After twenty-three months, a congressional committee made a recount

of five precincts, reversed the earlier findings of the state canvassing board and awarded Finley the seat by a majority of three hundred forty-three

1'7 o votes. Finley was sworn in on April 19, 1876.

The events previously recounted were accompanied by a type of re¬ action which spelled lawlessness and violence. One organization was the

Young Hen’s Democratic Club which was founded in Leon county during the 14 summer of 1868 and later spread over central and southern Florida. An¬

other organization, well known by many, -.ms the Ku Klux Klan. The southern whites claimed that the Klan was organized for the purpose of counteracting

the Union League, a secret organization which tended to establish political

solidarity among the Negroes. This Union League which was originated in the

North for the purpose of supporting the Union whenever the Democrats would

attack the policies of the Republicans, was secret in nature and the members

swore to vote for none other than Union men. After having been extended to

the South during the latter part of the war, Negroes were welcomed into its

ranks. This angered the whites and later the Ku Klux Klan began its activi¬ 15 ties

It is hard to ascertain a completely authentic picture of the

Elan’s activities because members were prone to keep the activities secret.

12 House Miscellaneous Documents, 45th Congress, 2nd. Session, No. 52, pp. 369-390. 13 Ibid.

"^Abbey, op, cit., p. 314. 15 Ibid. 22

The elections of 1370 caused much excitement and the activities of the Klan multiplied. As a result of the sentiment attached to numerous outrages at¬ tributed to the Klan, Congress passed the "Ku Klux Klan Act" on April 20,

1871, which authorized the president to suspend the writ of habeas corpus

in order to deal with those secret conspiracies. Concurrently, a congress¬

ional committee was appointed to investigate "affairs" in the southern

states where the Klan reigned. Sub-committees visited various sections of 16 the South, collected a mass of evidence and published it in twelve volumes.

This congressional committee was composed of seven members from the Senate

and fourteen members from the House.

A sub-branch of this investigating committee operated at Jackson¬ ville in 1871 and took the testimony of numerous state personalities. The

testimony of Frank Meyers exposed much information concerning the Young Men’s

Democratic Club. He submitted to the committee the following constitution Of

that Clubs

The constitution of the Young Men’s Democratic Club of

Section 1. This organization shall be known and hailed as the' Young Men’s Democratic Club of County of State of .

Section 2. The officers of the club shall consist of a president, two vice presidents (first and second), a recording and a corresponding secretary and one treasurer.

Section 3. There shall be an executive committee consis¬ ting of five discreet, active, energetic members.

Section 4. All the officers shall be elected by ballotj but by a vote of two-thirds of the members present at any reg¬ ular meeting, the ballot may be waived, and the election pro¬ ceed "viva voce."

■^Ralph Wardlaw, Negro Suffrage in Georgia, 1857-1950. (University of Georgia, 1932), p. 35. 23

Section 5. The president shall preside at all meet¬ ings, or, in his absence, one of the vice presidents. In the absence of the president and both vice presidents, the club may elect a chairman pro-tern.

Section 6. The president, vice president find execu¬ tive committee shall constitute a committee of observation and safety, of which the president shall be chairman.

Section 7. All matters pertaining to such service shall be referred to this committee of observation and safety, and the names and duties of the secret service com¬ mittee shall be known only to the said committee and their various chiefs.

Section 8. There shall be appointed by the president, a finance committee, whose duty it shall be to provide ways and means.

Section 9. Funds raised for campaign purposes shall be disbursed under the direction of the committee of observa¬ tion and safety, or by the central assistant chiefs.

Section 10. No one shall be admitted to membership in this organization without the endorsement of the two mem¬ bers on presentation of the applicant, and five negative votes shall reject an applicant.

Section 11. Each member shall, on admission to this club, subscribe to the following oath:

In the presence of almighty God and these Gentlemen, I do hereby solemnly pledge my sacred honor that I will con¬ form to all rules and regulations, by laws and edicts, that may be legitimately adopted by the organization; that I will always conceal and never divulge any proceedings of this club improper to be made public; that I will always recog¬ nize and never divulge the words or signs of recognition and distress that may hereafter be confided to me; and that should I ever hear the hailing word of distress or see the sign given, I will instantly respond in person thereto, and render all the assistance in my power to the member speak¬ ing or giving the sign: So help me God.

This obligation shall be administered by the presiding officer who shall previously have explained the object of the Young Men's Democratic Club.

Section 12. It shall be the duty of the committee of observation and safety to divide the white votes and disfran¬ chised citizens of the county into sections of fifties which shall be numbered, and to appoint or cause to be appointed, a chief for each fifty.

Section 13. It shall be the duty of the committee of 24

observation and safety to lay off and bound the territorial limits of the fifties, and to instruct the respective chiefs in all their duties.

Section 14. It shall be the duty of the chiefs immedi¬ ately on receiving their appointments to divide their re¬ spective fifties into tens, and lay off and bound their ter¬ ritorial limits, and to appoint a leader for each party of ten.

Section 15. It shall be the further duty of the chiefs of fifties to instruct and require the chiefs of ten to as¬ certain, at the earliest practicable period, the name, place of residence, by whom employed, vocation, height, complexion, where registered and political bias of every white and col¬ ored voter in their respective limits or territory; and to accomplish this thoroughly, they will call to their assistance every member composing their tens.

Section 16. It shall be the duty of leaders of tens to make a list, alphabetically arranged, embracing the points required in Article 15, and report the same to their respec¬ tive chiefs who shall consolidate the same, and report to central chiefs hereinafter provided for.

Section 17. It shall be the duty of the leaders of their tens to obey promptly all orders and instructions proceeding from their respective chiefs relating to the business or ob¬ ject of the organization; and it shall be their duty to . . . the colored voters of their respective limits sufficiently to learn their faces and at the same time to educate them in the principles of the Democratic party, and teach them their duty as citizens.

Section 18. There shall be appointed .... Young Men’s Democratic Club of. . . . County, a central chief and assist¬ ants, first and second.

Section 19. It shall be the duty of the chief and his assistants to superintend and command the whole organization, receive and consolidate reports from the chiefs of fifties and prepare for press, accurate rolls, setting forth points re¬ quired in Article 15 and cause the same to be printed.

Section 20. In all matters pertaining to the .... of the chiefs and their sections, and leaders of their tens, the orders and decisions of the central chief with the advice and concurrence of his assistants, shall be final, until there shall be a district or state organization, when the appeal may be taken regularly to the central chief ranking.

Section 21. It shall be the duty of every raember of tens to respond to the call of their leaders, and the leaders of 25

tens, when called or summoned to obey promptly the call of their respective chiefs.

Section 22. In future elections each leader of tens shall be furnished a roll of the voters of the county, shall attend the polls, under the direction of their re¬ spective chiefs, and shall keep with them a sufficient number of their men to challenge, identify, detect and prevent fraudulent votes from being polled, and shall render what other service and assistance that may be de¬ manded by the circumstances or the order of the central chief.

Section 23. In addition to the duties herein before set forth and required of the committee of observation and safety, that committee shall have power and authority to employ an efficient secretary to assist in the prepar¬ ation of the forms compiled, and consolidate rolls, con¬ duct correspondence and keep the books of the organiza¬ tion. Said secretary shall be subject to the orders of that officer. He shall be paid for his services out of the funds to be raised by the club for that purpose.

Section 24. It shall be the further duty of the committee of observation and safety to institute signs and signals, to preserve the counsels, purposes, strength and integrity of the organization, and shall create signs for communication and for assemblying tens and fifties and the whole organization.

Section 25. When a ten is assembled for any purpose, its leader shall preside and commend. ’When a section is assembled, the chief thereof shall preside and command, and when two or more tens or two or more sections are as¬ sembled, rank shall be determined by members.

Section 25. It shall be the duty of the chiefs of fifties to organize colored Democratic clubs in their re¬ spective sections, and to afford such aid and assistance and counsel to said clubs as necessity and expediency may require.

Section 27. Every member shall sign the constitution and contribute a small amount to defray the contingent ex¬ penses.

Section 28. This constitution shall not be altered, amended or abrogated except by a two-thirds vote of all the members present at any regular meeting, notice having been given in writing at least one week previous.^

17 “Testimony of Frank Meyers - The Practical 'Workings of Young Men's Democratic Clubs", Tallahassee Sentinel, Tallahassee, Florida, October 12, 1872, p. 2. 26

The following persons testified before the Congressional sub¬ committee in connection with the ’workings and outrages of the Ku Klux

Klan: Robert Reachan, Jonathan C. Gibbs, Bishop Pearce, Hannah Tutson, 18 R. 7/. Cone, M. L. Stearns, Frank Meyers, and others. Bishop Pearce, on recounting the political outrage of the Klan, claimed that most of the disorder came from white Democrats who threatened to intimidate colored people in an effort to curtail the use of the ballot by the 'Negro. He claimed further that numerous Negro political leaders were arrested in

Gadsden and Columbia counties, along with the reception of Ku Klux Klan 19 notices by J. C. Gibbs and other Negro leaders. He further asserted that some Republican leaders in Jackson county were shot and others were driven away. In Clay County, Samuel Tutson, claimed to have been attacked 20 by nine disguised men.

The events in this chapter showed that after civil administra¬ tion had been restored to the state, the Negro participated dominantly in the governmental functions for eight years. However, much friction evolved and attempts were made by the Democrats to stop the Negro from voting. Consequently the Ku Klux Klan and the Young Men's Democratic

Clubs became very active and they resorted to lawlessness as a means of opposing the exercise of the franchise by the Negro. As a result, a sub- branch of the Congressional investigating committee heard the testimony of numerous Floridians concerning the outrages.

18 House of Representatives Reports, op. cit., pp. 59-310. 19 Tallahassee Sentinel, November 2, 1872, p. 2. 20 House of Representatives Reports, 6p. cit., pp. 54-59. CHAPTER III

DEMOCRATIC SUPREMACY

The presidential election of 1376 had its repercussion in Florida.

The campaign started in Florida with the call of a Democratic state conven¬ tion which met at Quincy. Although the Democrats planned their meeting first, the Republicans gathered at Madison and proceeded with their plans on May 31, 1876.^ Because of the well established animosity which exist¬ ed between the two groups, much planning was exhibited at the respective conventions. In the Republican convention, dissension which could have been detrimental evolved, but fortunately this dissension was extinguished 2 before it was too late.

When the Democrats met at Quincy, there 'was somewhat of a differ¬ ent picture to behold. Representation included one hundred and seventeen 3 delegates who had been apportioned among thirty-nine counties. The con¬ vention nominated George B. Drew and II. A. Hull for governor and lieuten¬ ant governor, respectively, while R. II. M. Davidson and J. J. Finley were nominated for Congress. The platform of the Democrats included the usual arraignment of the Republicans with a promise of retrenchment, a reduction of taxes and offices, purification of the administration, and the estab- 4 lishnent of free schools.

Of the numerous questions for consideration in this campaign, a few which stood out predominantly embraced such issued as the exclusion of

Kathryn Abbey, Florida - Land of Change (Chapel Hill, 1941), p. 317.

^Ibid. 3 Ibid. 4Ibid., p. 318.

27 28 the Negro vote, whether the white voters could be interested to the extent of active participation, and whether the stuffing of ballot boxes and the 5 miscounting of votes by the Republicans could be averted. The Republican problems were similar to those of the Democrats.

The role of the Negro in the election was indeed precarious be¬ cause he was definitely "on the spot" between the Republicans and the Dem¬ ocrats. Numerous Negroes asserted that they were forced to swear to vote the Democratic ticket and were later forced to swear that they 'were not forced to do so. This dilemma resulted in a state of mental confusion 0 which finally inhibited their voting. It is reported that some employers issued their employees numbered ballots, demanded that they vote them, and later watched for their re-appearance. Hence such Negroes lived in fear of 7 losing their jobs, their domicile, or both.

Another form of economic coercion was reported to have been used in Madison. The Democratic Club of that city pledged "to give the first preference in all things to those xaen who vote for reform; and to give second preference in all things to those who do not vote at all; that in employing or hiring, or renting land to any such persons (as vote the Re¬ publican ticket) a distinction of twenty-five per cent will be made against such persons; that merchants, lawyers, and doctors, in extending credit to 8 such persons make the same distinction."

Other illicit measures prevailed during the election. Negroes

5Ibid. 0 William Davis, The Civil 'War and Reconstruction in Florida (New York, 1913), p. 696. 7 Ibid., p. 697. g House of Representatives Miscellaneous Documents, 44th Congress, 2nd. Session, No. 35, pt. 2, p. 214. 29

Were sometimes urged to vote as many tines as possible for fear that sla-

9 very would be restored. Davis stated that often influential Negroes threatened to beat and shoot those members of their raoe who deserted the

Republican party; a challenge -which made Negroes afraid of their own col- 10 or.

The election day, November 7, 1876, found the state buried in much strife. Those Democrats who were skeptical of fraud and skeptical of voters repeating themselves, sought to take precautionary measures by having "Regulators" patrol the streets in order to avert Negro repeaters at the polls.’'’’'’ The ineffectiveness of such efforts was apparent in Leon county where Negroes were supposed to have voted all the way from Talla- 12 hassee to the state line. Democrats were said to have distributed bal-

13 lots to the Negroes and the Negroes voted two or three times.

In a contest as keen as this one, the counting of ballots pre¬ sented a complex picture of which conflicting claims soon arose. By a strict adherence to the law, the votes were counted by precincts and the judge who received the returns, canvassed the votes with the assistance of the clerk of the court and a justice of the peace.

Immediately after the Board of State Canvassers made its returns,

14 disputes concerning the vote were initiated. The closeness of the state and the national election precipitated national attention. Conflicting claims arose over the election of Drew V. Stearns and Hayes V. Tilden.

Florida's vote immediately hung in the balance. If the state had gone

^Abbey, op. cit., p. 319. lODavis, op. cit., p. 696. 1^bid., pp. 694, 695. Abbey, op, cit., p. 319. 1^William T. Cash, History of the Democratic Party in Florida (Live Oak; 1936), p. 68. ^•pAbbey, op. cit., p. 319. 30

Republican, Hayes would have been elected; if it had gone Democratic, Tilden might have been elected. Therefore the state became the terminal of out¬

standing politicians of both the Democratic party and the Republican party.

After midnight of election day, it appeared that Tilden had one hundred

eighty-four undisputed votes and Hayes, one hundred sixty-five votes. The

votes of South Carolina, Florida, Louisiana, and the vote of Oregon's elec¬

tor were disputed.

On November 27, the State Board of Canvassers, which consisted

of Samuel B. Melin and C. A. Cowgill, Republicans, and William A. Cooke,

15 Democrat, met in an attempt to decide the issue. By December 5, the count

had been completed and the returning board reported a Republican victory.

The next day, the two sets of electors, Democrats and Republicans, submit¬

ted their votes to Washington - the Republicans for Hayes and the Democrats

for Tilden.

When Congress convened, this situation found the legislators in

earnest about devising some method to settle the dispute. Hence, each House

appointed a committee to devise a plan of settlement. The Democrats appar¬

ently wished to have this affair referred to the House, while the Republi¬

cans seemed to have had no definite plan at all. Finally, the Electoral

Commission was created - the results of which are well known to the ordi¬

nary layman.

The first returns to be scrutinized were those returns from Flor¬

ida. After much deliberation and the exercising of much formality, the

long awaited decision was rendered which gave Florida to Hayes. The reason¬

ing behind such a decision was that Congress could not go behind the decision

15 Ibid., p. 320 31 of a state and that the certificate would have to be accepted provided the proper state officials signed it. The decision caused much disappointment to the admirers of Tilden, as could be expected, but the effects were far reaching. The election of 1876 closed the door of Republican supremacy in

Florida.

The Democrats were much displeased with the results of Florida's vote in 1876. In fact, they failed to accept the state results. Immedi¬ ately, Drew appealed to the State Supreme Court for a writ of mandamus, 16 and the court ordered a recount by December 27. As a result, Drew re-

17 ceived 24,179 votes and Stearns received 23,984. Thus, internally, Flor¬ ida became Democratic.

By 1879 much sentiment had evolved which favored a constitutional convention and in the election of 1880, this issue which had been put before the people, was defeated by a 23,231 to 14,713 vote. However, by 1884 in the general election, the people voted for the proposed convention by a 29,708 18 to 6,365 vote.

After the question concerning the convention had been settled, the struggle between the Republicans and the Democrats hinged around the question of the degree of representation. The Democrats who lived in coun¬ ties with populous Negro elements proposed that additional delegates should be elected at large, but the legislature with its large number of colored members, rejected this proposal and adhered to the idea of county and elec¬ toral districts.

16Ibid., p. 321. 17Ibid. 18Tbîd., p. 327. 32

A general election for choosing delegates to the convention ’.ms 19 held on the first Tuesday in May, 1885. When opening time approached, approximately four-fifths of the delegates declared Democratic affiliation 20 with a number of Negroes represented.

From June 9 through August 3, for fifty-six days, this conven¬ tion was in session. Certain modifications were made in the constitution of 1868 and some new features were added. Some outstanding changes were

(l) a fixed number of representatives was for the state legislature; thirty-two senators and sixty-eight representatives were to be apportioned on the basis of census returns for every decade; (2) members of the bienni¬ al legislatures were to be paid on a per diem basis; (3) the governor was not to be eligible for re-election and the office of lieutenant-governor was abolished; (4) cabinet officers were made elective; (5) judges of the

Supreme Court and other county officials, with the exception of county 21 commissioners, were to be elected by the people. Along with these changes the convention adopted the poll tax as a voting prerequisite. According to the provisions of this measure, the legislature could impose a tax of not more than one dollar a year, the proceeds to be allotted for education.^

However, legislation making the poll tax operative was passed in 1889 and

’.ms not repealed until 1937. The ratification of the constitution took 23 place in 1886 and the measure became effective January 1, 1887.

19 Journal of the Proceedings of the Constitutional Convention of 1885, 3 P» 20 Abbey, op, cit., p. 328. 21 Ibid., p, 329.

James Knauss, "The Growth of Florida's Election Laws", Florida His¬ torical Quarterly, Vol. V, No. 1, July, 1926, p. 14. 23 Florida Statutes, 1941, Vol. Ill, p. 219 33

Along with the steady growth of Democratic supremacy in the state grew efforts to disfranchise the Negroes. By 1889 the multiple ballot and ballot box system had been introduced. This device, aimed at disfranchis¬ ing the Negro, provided that all ballots which were found in the wrong box would have to be discarded. Many Negroes being unable to read or write fell into the trap and their votes were discarded. After petitioning the

Democratic election inspectors for information, Negroes were denied assist- 24 ance - an act which virtually eliminated their vote. Sometimes the erection of two polling places, one for national officers and one for state and local officers, added to the confusion of the colored voter at the pre¬ cinct. No person ’.vas permitted to vote who was not an elector in accord¬ ance with the state laws and who had failed to fulfill the obligations of

25 the poll tax measure. The general election laws of the state were in force and the state Democratic executive committee exercised its supremacy by deciding the qualifications for membership in the party, by preparing 26 the ballot and by appointing the election inspectors.

The party primary as a method of controlling party procedures and as a method of eliminating Negro participation forms another segment in the suffrage history of the state. According to Cash, the first county 27 wide primary to be held in Florida was held in 1876.

The reason for the growth of the primary system was that Negroes could be excluded from voting. Since nomination in the primary became the nominal equivalent to election, Negroes stopped taking the trouble to vote

24 Knauss, Loc. cit., p. 10. 25 C. Edward Merriam, Primary Elections (Chicago, 1909), p. 256. 26 Knauss, Loc. cit., p. 15. 27 Cash, op. cit., p. 105 34

•in the general elections. Primaries which were held up to and including

the election of 1893 did not nominate state officials or congressmen -

they were chosen in conventions. In fact, until 1897, there was no legal

sanction of the primary system in the state and so the Democrats who favored

maintaining their control decided that a primary law was needed. Hence, p O the legislature of 1897 passed the state's first primary lav;. According

to this law, voters in the primaries would have to belong to the party which

held them. However, four years later, in 1901, a state-wide primary lav; 29 which extended to state officials and congressmen passed. It differed from

the first law in that it provided for the second primary. By 1902, Florida 30 experienced its first state-wide primary.

Later the Bryan Primary Law was passed. This measure provided for

second choice voting and the abolition of the second primary. 'Second choice

voting worked like this: "When the first choice votes were counted and none

of the candidates had received a majority, the second choice votes of those

electors who had not voted for the two leading candidates as first choice,

were tabulated and added to the first choice votes of the leading candidates.

Of the two leading candidates, the one whose combined first and second choice 3 1 votes gave him a majority, became the party nominee for the position sought."

In 1917 a bill to repeal the second choice features of the Bryan

Primary Law was vetoed ana in 1919, a bill to eliminate second choice voting

was also killed. However, second choice voting lasted until 1931, when an

act providing for second primaries to be held three weeks after the first

28Ibid. 29 Ibid., p. 106.

50Ibid., p. 107. 31 Ibid., p. 108. » 35

3? primary, ras passed.

Florida's role in the national presidential election of 1928 re¬ veals an interesting story. The two presidential nominees, Alfred Smith and Herbert Hoover, represented the Democratic and the Republican parties respectively. The South, contrary to custom, opposed Smith, the Democrat¬

ic nominee, and worked for his defeat. He was denounced as a Tammany Hall

33 follower, a Catholic, and a friend of the Negro. Racial bigotry was kindled, anti-Negro propaganda began to flow, and attempts were made by 3Æ liberal whites to stop this propaganda.

Negro leaders became alarmed at the amount of attention which was focused on the race issue and they expressed their resentment in an

"Appeal to America", which carried the signatures of thirty-four leading

Negro citizens of both parties. Mrs. Mary McLeod Bethune of Daytona Beach, 35 Florida, became one of the signatories.

The campaign of racial and religious hate proved effective and 36 of the forty states - carried by Hoover, Florida was one of that number.

The state broke a precedent when it gave its electoral vote to the Repub- 37 licans for the first time since 1876. In the election of that same 38 year, 143,716 Republicans voted and 101,764 Democrats did likewise. The majority of the Negroes were affiliated with the Republican party.

Reviewing the events recorded from the beginning of this chapter

Ibid., p. 109. 33 Henry Lee Moon, Balance of Power: The Negro Vote (Garden City, New York, 1948), p. 106.

54Ibid., p. 107.

35 T-i • . Ibid. 36 Cash, op. cit., p. 145.

57Ibid.

38Ibid. 36 we observe that the national presidential election of 1876 rebounded in the state and the event marked the downfall of Republican rule. In fact, the Democrats have controlled the state ever since. In this election, the role of the Negro was precarious because he Tiras subject to the illi¬

cit measures which were used by the Democrats in order to curb the Ne¬ gro vote. By 1879, sentiment in favor of a constitutional convention evolved, and by 1884, the people voted for the convention which became a reality in 1895, with minor representation by the Negro. This conven¬

tion brought forth a document which included a provision for a poll tax.

With the steady growth of Democratic supremacy in the state grew other efforts which were designed to disfranchise the Negro. Such

things as the multiple ballot and ballot box system, the erection of dual polling places at the same precinct and the establishment of party primaries, vrere all evidences of the Democratic desire to maintain "white

supremacy". However, in 1928, the state because of its opposition to Al£

fred Smith, broke a precedent and gave its electoral votes to the Repub¬

licans. The Negro was still a staunch follower of the Republican party

at this time CHAPTER IV

RECENT DEVELOPMENTS

By 1937, sentiment against the poll tax as a voting prerequisite had influenced the passage of legislation which eliminated that feature of

Democratic rule. The text of that law follows:

Be it enacted by the legislature of the State of Florida:

Section 1. That the payment of a poll tax shall not be required of any person, otherwise qualified as an elector, to vote at any primary, special, general or other election here¬ after held in this state under the constitution or any stat¬ utes in pursuance thereof.

Section 2. All lava’s or parts of laws in conflict herewith are hereby expressly repealed.

Section 3. This act shall take effect January first, 1938.

Another advancement for the Negro was exemplified through the in¬ terpretation and the application of the decision rendered in the Texas pri¬ mary case, Smith vs. Allwright, 321 U. S. 649, to cases of a similar nature in Florida. The court claimed that a state maintains freedom in conducting its elections with the privilege of limiting its electorate so long as the state does not conflict with federal law. Planing emphasis on constitution¬ al lav/, the court further declared that the right to vote in primary elec¬ tions could not be abridged by any state on account of race, color, or pre- 2 vious condition of servitude.

Laws of Florida, 1937 (General Laws), Vol. Ï, General Acts and Resolu¬ tions Adopted by the Legislature of Florida, 26th Regular Session, April 6 - June 4, 1937, p. 755. 2 Smith v. Allwright, 321 U. S. 649, found in Supreme Court Reporter,Vol. 64, pp. 757-768.

37 38

The cases of Davis vs. State ex rel.Cromwell, 23 So. 2d. 85 and

Davis vs. State ex rel. Chavis, 23, So. 2d. 87, were decided by the State 3 Supreme Court. In the first case, R. A. Cromwell, a Negro of Escambia county, requested Ben L. Davis, the supervisor of registration of the said county, that he be registered in the election books of such county as a

Democrat. Upon the refusal of Davis to comply with his request, Cromwell instituted action in mandamus so as to effect an adherence to his request.

The immediate question before the court was whether or not a county regis¬ tration officer should comply with the application of a Negro who ms other- vdse a qualified elector under the laws of this state, for registration as a 4 Democrat in the primary registration books of the county. Therefore, the court ruled that Cromwell, a citizen, a resident, and a qualified elector of Escambia county who had lived in the state for more than one year and had lived in the county for a period of more than six months, was entitled to register as a member of the Democratic party, and having done so, he could vote in all elections for public officers of said county, state, and q elective officers of the United States.

The next case, Davis vs. State ex rel. Chavis, was a companion case to the one previously cited. This case involved Essau Chavis, a Negro, who brought charges against Ben Davis, the supervisor of registration for

Escambia, county, in order to compel his registration on the election books as a Democratic elector. The essence of the case was that the writ of man¬ damus commanding the supervisor of registration to register a change of the

3 Southern Reporter, Vol. XXIII, p. 85.

better of Tom Watson, Attorney General of Florida, to R. A. Gray, Secretary of State. 5 Southern Reporter, Vol. XXIII, pp. 85-87. 39 relator’s political party affiliation on the primary registration books showed that the relator's failure to comply fully with the statutory pro¬ visions relating to change of party affiliation, was a harmless error. Ev¬ ery material requirement stated in such provision was established by evidence and the court found that there was a failure to point out any infirmity so the 6 case was decided in favor of Chavis.

It is interesting to note that the state attorney general's office which participated in the arguments of these two cases, contended that the registration officer of Escambia county was not required to register these two Negroes as Democrats. The contention so made was unsuccessful and the attorney general's office advised that the state should adhere to the Texas case and allow Negroes to register asmembfers of the party of their choice, 7 and having done so, to vote in the primary of that party.

In spite of these rulings, there were apparent attempts by some white officials to ignore them. The following letter substantiates this con¬ tentions

To all Supervisors of Registration of the Counties of Florida

Certain information has come to me, which may or may not be ac¬ curate, but if accurate, indicates that in some sections of the state, persons in charge of registration books or supervisors there¬ of my be engaged in efforts to thwart the registration for the Dem¬ ocratic primary by Negroes.

It is not my business to protect registration on the part of any voter as a personal or individual right of such voters and in the light of this letter I do not undertake to do so. However, I am send¬ ing to every supervisor of registration in the state a copy of the

6 Ibid., p. 89. 7 Letter of Tom /fatson, Attorney General of Florida, to R. A. Gray, Secretary of State. 40

attached legal opinion relating to the right of Negroes to register for the coming Democratic primary.

Sincerely yours

J. Tom Watson Attorney General0

In a letter addressed to Harry T. Moore, Executive Secretary of

the "Progressive Voters League of Florida", Watson advised that he was en¬ titled to register and that he could exercise the privilege of changing his 9 former registration from Republican to Democrat.

Statistics are usually dull and boresone, but a few figures on the potential voting strength of the Negro in 1945, follow:

TABLE

POTENTIAL VOTING STRENGTH OF NEGROES IN FLORIDA

SAMPLE OF VOTING STRENGTH IN LEADING COUNTIES

1930 Census 1945 (Estimated) Whole State-251,025 275,000

1. Duval 33,974 1. Duval 45,000

2. Dade 13,138 2. Dade 25,000

5. Hillsborough 18,284 3. Hillsborough 22,000

4. Palm Beach 14,900 4. Palm Beach 14,000

5. Escambia 8,450 5. Escambia 12,000

6. Orange 7,289 6. Orange 11,000

7. Polk 9,579 7. Polk 11,000

8. Pinellas 6,568 8. Pinellas 10,000

9. Marion 8,036 9. Marion 9,500

O °Letter of Tom Watson to all Supervisors of Registration of the Counties of Florida. 9 Letter of Tom Watson to Harry T. Moore, Executive Secretary of the Pro¬ gressive Voters League of Florida. 41

Source: Speech delivered by Edward Davis to Negro Voters League in Orlando,

1946.

TABLE

PERCENTAGE OF POTENTIAL NEGRO VOTE TO TOTAL VOTE IE

SOLE OF THE COUNTIES OF THE STATE

1. Jefferson .68 6. Marion 49.1

2. Leon .59 7. Alachua .45

3. Gadsden .57 8. Seminole .45

4. Madison .53 9. Putnam .43

cr. o • Dixie .47 10. Nassau .42

Source: Speech delivered by Edward Da.vis to the Negro Voters’ League in

Orlando, 1946.

The decisions handed down, in the previously cited cases made the

Negro cognizant of the vast political potentialities which confronted him and the establishment of a state-wide organization for the perpetuation of those hard earned gains soon materialized. In Lake Wales during August,

1944, a state-wide meeting under the auspices of the Florida State Conference of the National Associotioh for the Advancement of Colored People, .met, or¬ ganized, and later chartered the "Progressive Voters League of Florida", with 10 the following officers represented:

Milton P. Rooks, President, Clearwater

Viola !. Kill, Vice President, Orlando

Reverend E. J. Jackson, Vice President, West Palm Beach

Harry T. Moore, Executive Secretary, Mims

Emma A. Pickett, Recording Secretary, Tampa

■*"^0pe2i Letter of Harry T. Moore, Executive Secretary of the Progressive Voters League of Florida, to the Colored Citizens of Florida. 42

Leona W. Booker, Assistant Secretary, Orlando

0. D. Rogers, Treasurer, Tampa

M, E. Bodie, Director of Publicity, West Palm Beach

Reverend H. McNeal Harris, Chaplain, Orlando

Board of Directors

E. E. Broughton, Chairman, Tampa

Calvin Adams, Jacksonville

C. Blythe Andrews, Tampa

E. K. Bass, Live Oak

Marie A. Bell, Miami

Reverend J. H. Blocker, Gulf' Hammock

Solomon Brookins, Pensacola

William Burton, Arcadia

Melba J. Cambric, West Palm Beach

J. Maxwell Charlow, Plant City

Edward D. Davis, Ocala

S. K. Fluellyn, West Palm Beach

Joe Harris, Daytona Beach

V. D. Hawkinsj Panama City

William Kennedy» Fernandina

Freddie L. Maxwell» Ft. Lauderdale

W. A. Morris, Tallahassee

Otis Mundy, Miami

Leola 3. Nixon, Orlando

Fannie Ponder, St. Petersburg

T. L. Redding , Jacksonville

A. E. Robinson Ft. Pierce 43

G. Sheffield, Chipley

Henry Silas, Bartow

J. T. Smith, Greensboro

Reverend W. E. Stafford, Melbourne

À. Walker Ft. loyers

C. T. Williams Orlando

L. L. Youngblood Delray Beach

The league sought to perpetuate the following objectivesi

1. To carry on intensive campaigns for the registration of Uegro voters.

2. To solicit the cooperation of other organizations (civic, fraternal, business and religious) in an effort to get more Negroes registered.

3. To conduct voting schools for Negro citizens, so that all may become familiar with the techniques of voting.

4. To check closely the records and attitudes of all candidates for political office, and to make recommenda¬ tions to Negro voters on the basis of such records.

5. To oppose vigorously any lily white tendencies in either major political party.

6. To encourage the organization of county and city voters-leagues that will help to carry out these same ob- jectivs on a local level.

An additional aim of the League was to devote its efforts toward good government for all without catering to foreign "isms” - further as¬ serting its belief in the principle of men and measures rather then an ad- 12 herence to a particular political party.

Provisions were made by this organization whereby local units of the League might be organized in any community by citizens who were pledged to carry out the above named objectives. The officers could con-

12 Ibid. 44 sist of a president, vice president, secretary, assistant secretary, treasur¬ er, and other such officers that might he considered necessary - eaclj officer 13 of which should be elected annually.

The following standing committees were recommended for the local units: Membership, program, entertainment, finance, and political action, 14 with the option of setting up additional committees. The officers of the local unit and the chairman of the standing committee would form the execu¬ tive committee, such committees of which would have general control of the affairs in the local unit, subject to the authority of the local unit. The local unit might decide how often it should hold meetings, but all local units would be subject to the general authority and jurisdiction of the state 15 voters-league. Membership in the state organization could be effected through the payment of one dollar - half of which remains in the local treas¬ ury and the other half of which is sent to the state treasury.

To further interest Negroes in the cause and thereby facilitate membership in the League, the following urge was made:

Fellow citizens, let us bestir ourselves and help to pro¬ mote the cause of democracy in our state. Those who seek to destroy representative government in Florida were decisively defeated in the 1947 Legislature. But they have not given up. They have threatened to take this issue into the highways the byways and the crossroads during the next state wide pcrlit- hoàjncampaign. We must prepare ourselves to help defeat those enemies of a truly democratic government. We must join hands with the progressive forces in this state and thereby help to maintain in Florida, a government of the people, for the people, and by the people.^

The results of one objective-increasing registration in the counties for participation in the primary elections was realized by 1946. The follow¬ ing figures present a vivid picture:

13 Ibid. 14 Ibid. 15 Ibid.

16 . , Ibid. 45

TABLE

REGISTRATION IN THE 1946 PRIMARY ACCORDING TO COUNTIES,

RACES AND PARTIES - DEMOCRATS AND REPUBLICANS

County White White Col. Col. Total Total Dem. Rep. Dem. Rep. Dem. Rep.

Alachua 12,857 137 263 929 13,120 1,066

Baker 2,862 1 21 11 2,883 12

Bay 14,022 75 435 90 14, 367 165

Bradford 4, 373 15 220 88 4,593 103

Brevard 6,570 868 0 508 6,570 1,476

Broward 14, 310 1,529 562 123 14,872 1,652

Calhoun 3,260 2 0 2 3,260 4

Charlotte 1,976 61 69 162 2,045 223

Citrus 2,944 123 8 23 2,952 146

Clay 2,602 33 197 27 2,799 60

Collier 1,593 14 0 17 1,593 31

Columbia 6,182 16 136 35 6,318 51

Dade 84,545 7,111 3,057 2,253 87,602 9,364

Desoto 3,244 19 449 26 3,693 45

Dixie 2,300 2 55 3 2,355 5

Duval 58,562 654 9,250 3,170 67,812 3,824

Escambia 33,870 182 2,292 175 36,162 357

Flarler 1,353 18 4 1 1,357 19

Franklin 2,983 8 245 205 3,228 213 46

County White Yfiiite Col. Col. Total Total Lem. Hep. Lem. Rep. Lem. Rep.

Gadsden 5,462 6 32 0 5,494 6

Gilchrist 2,189 5 10 1 2,199 6

Glades 841 0 28 0 869 0

Gulf 2,401 2 44 1 2,445 3

Hamilton 3,534 25 30 10 3,564 35

Eardee 4,224 28 11 1 4,235 29

Hendry 2, 375 14 1 1 2,376 15

Hernando 2,775 17 55 35 2,830 52

Highlands 5,098 82 489 47 5,587 129

Hillsborouj. ;h44,686 1,023 1,097 1,080 45,783 2,103

Holmes 8,137 0 106 3 8,243 3

Jackson 15,681 12 689 79 16,370 91

Jefferson 3,361 5 125 22 3,486 27

Lafayette 2,819 1 0 0 2,819 1

Lake 7,441 657 211 39 7,652 696

Lee 7,704 100 314 28 8,018 128

Leon 10,469 131 357 151 10,826 282

Levy 5,015 4 58 29 5,073 33

Liberty 1,289 0 0 0 1,289 0

Hadison 5,800 9 0 0 5,800 9

Lianatee 11,798 373 140 225 11,938 628

Liar ion 11,771 66 i;?23 166 12,994 232

Llartin 2,878 65 68 26 2,946 91 llonroe 4, 244 30 452 45 4,696 75

Nassau 4,635 15 515 16 5,150 20 47

C ounty White White Col. Col. Total Total Dem. Rep. Dem, Rep. Dem. Rep.

Okaloosa 8,397 27 3 21 8,400 48

Okeechubee 1,878 6 56 7 1,934 13

Orange 23,317 2,687 336 1,130 23,653 3,817

Osceola 5,812 324 19 111 5,831 435

Palm Beach23, 966 1,422 2,197 219 26,163 1,641

Paseo 7,740 250 160 0 7,900 250

Pinellas 29,698 6,159 912 602 30,610 6,761

Polk 23,000 1,007 1,678 210 24,678 1,217

Putnam 6,945 90 109 225 7,054 315

St, John' s 9,205 200 65 1,283 9,270 1,483

St. Lucie 6,098 8 402 4 6,500 12

Santa Rosa 7,793 15 0 4 7,793 19

Sarasota 8,543 169 462 3 9,005 172

Seminole 6,417 117 744 123 7,161 240

Stmter 4,189 30 104 8 4,293 38

Suwannee 4,990 7 159 79 5,149 86

Taylor 3,273 15 92 18 3,365 33

Union 2,500 10 0 0 2,500 10

Volusia 17,234 624 1,247 1,600 18,481 2,224

Wakulla 2,918 0 2 0 2,920 0

Walton 11,159 136 91 212 11,250 348

Washington 8,370 0 204 0 8,574 0

Total 664,312 26,869 32,280 15,877 696,592 42,746

Source: Primary Registration for 1946 - Compiled by the Progressive Voters

League of Florida, Inc, 48

Women were also instrumental in persuading members of the race to register and to vote. In Tampa, Florida, Evangelist lira. Louise Bell, found¬ er-executive director of the Florida'Women's Civil Forum of the Unity Bell

Truth Association and Associated Women’s lea.der, sponsored a general mass meeting in a state drive to register and train fifty thousand potential vo- 1? ters. Every woman leader was invited to register with the Women* s Civil

Forum as a volunteer worker in her own local community by sending her name, address, title in her organization or her group along with two dollars and

fifty cents to the director of this agency. In an interview, Id’s. Bell sta¬

ted that the project was minus of faction and party affiliation. Instead,

she explained, it was strictly non-partisan with the idea of supporting what¬

ever male leadership the community might be able to afford in order that the

owners of every house or other residence in the state might be contacted, urged, registered and trained to vote in his local, county, state, national

and general elections.

Prior to May 4, 1948, the voters of the state were constantly

urged through the Negro press and through Negro leaders to use the ballot wisely. Of course all elections are important but this one was especially

important to the Negroes of Florida because it was the first time that Ne¬

groes had been given the opportunity to vote the Democratic ticket at a pri¬ mary election. In fact, the actual enfranchisement of Florida Negroes began

a little over two years ago when the executive committee of the state Demo- 18 cratio party admitted Negroes to membership. The Democrats, it must be re-

17"Dr. Bethune speaks at Rousing Rally of Florida Women", Pittsburgh Courier (Florida edition), October 4, 1947, p. 11. 18 John A. Diaz "Sunbeams Over Florida" Pittsburgh Courier (Florida edi¬ tion), April 3, 1948, p. 3. 49 membered, did not relinquish that privilege without reluctance for they were virtually forced to do so since the supreme tribunal of the land had command¬ ed them to. Though maneuvers were employed by the Democrats in an attempt to circumvent the decision of the court, they had to allow Negroes to exercise their constitutional perogative - the right to use the ballot. At last the

Negro had to decide ’whether he was going to use the ballot wisely by voting for principles instead of adhering to personalities, or whether he was going to spend it foolishly by following the advice of Negroes who were interested 19 only in themselves. Would the Negro support the white politicians who sought the Negro vote on vain promises, soothing words and a few drinks of liquor?

The Pittsburgh Courier urged the Negroes of the state not to make the question of partisan politics an issue for some time to come. However, it further warned that the new political^emancipation for the Negro in Flori¬ da by the Supreme Court, outlawing the white primary was unanimous except for 20 the vote of a Republican, Owen J. Roberts of Pennsylvania. The Negro was urged not to make the blunder this time that he made during the Reconstruc¬ tion period. It was recalled that during that time Negroes made a great mistake of voting against people with whom they lived, in their desire to show an appreciation to the Republican party. They did this too long and as 21 a result, they lost the franchise.

Reaffirming the predominance of the Democrats in the South, this newspaper urged the Negroes to become affiliated with this party by support¬ ing the party and its nominees and by working out their problems and their

19-r, . , Ibid. 20 Ibid., April 29, 1948, pp. 1, 6. 21 Ibid. 50

troubles within the party. "True a two party system is the best thing for

the country and the best thing for the South, but insofar as the South is

concerned, it is just a little bit too far away for the Negro with his new 22 won political emancipation."

The Courier evaluated in an impartial manner the records of candi¬

dates who ran for state offices and those candidates who wished to serve as

delegates to the Democratic National Convention. It informed Floridians

that there were three sets of delegates - one set which was pledged to Gov¬

ernor Wright of Mississippi; another set which adhered to Governor Milliard

Caldwell of Florida, and a third group which represented the labor group and 23 the liberal ideas of the state. Because of these factions, the Negroes were

urged to exercise caution in voting for the delegates to the national conven¬

tion.

According to a prominent authority, came a warning that the pro¬

gress of the Negroes and the social changes that he makes will come in pro¬

portion to his use of the ballot. In the North, he stated that two million

colored votes have a tendency to sway the political equilibrium of the coun¬

try, but the South with some five and a half million Negro votes could have

24 numerous wonders performed if only the Negro would exercise the franchise.

In an appeal to the Voters League of Orlando, Florida, he opined

that all of our prayers for social, economic, and legal equality are based

on and will become a reality through our intelligent and concerted partici¬

pation in all primaries and elections which are held, whether they be local,

state or national. "Our first job", said he, "is educating the Negro as to

22 Ibid. 23 Ibid. 24 Edward Davis, "Negro Voters" The Tampa Bulletin, Fampa, Florida, November 15, 1947, p. 2. 51 the value of the ballot. The second is teaching him the need of concerted action or pulling together and the third and very important, is to empha- ,.25 size that the ballot is never for sale. Further suggestions urged the

draft of the minister, the teacher, the barber, the cook, and every avail¬

able person in order to make these recommendations operative.

Speaking of the relative authenticity of political promises, the

critic contended that a political platform is only a measure used by the

candidate to secure that office which he seeks and since this is election year, Negroes would do themselves justice if they would weigh carefully these promises and the sources of these promises before voting. Many of these promises, asserted he, were given without the slightest intention of fulfilling them, and if Negroes adhere to these promises, they are subject 26 to many double crosses. Since the main need is an integration in the af¬

fairs of the state and local governments, we should demand representation in

such agencies as the state department of education, state welfare board, the barber and beautician's board, game department, state road patrol, and every phase of the state's administration. Constituting a third of Florida's pop¬ ulation and paying considerable taxes, they vrould do well, asserted he, to

support those candidates who are willing to integrate the Negro into all

governmental activities and support those candidates who are willing to drop 27 the question of color.

A look at the figures concerning population, the voting age, and

the registration of the two races of the counties in the state, presents a

25 Speech delivered by Edward Davis to the Negro Voters League in Orlan¬ do, 1946. 26 Edward Davis, "Political Promises" The Tampa Bulletin, Tampa, Florida, April 10, 1948, p. 2. 27 Ibid. 52 gathetic political situation for the Negro. Behind these figures, one visualizes the portrayal of fear, nonchalance, and the utter misunderstand- 28 ing of politics by the Negroes of Florida, generally. A few weeks prior to the 1948 election, over 342,412 Negroes were of voting age and it was an¬ ticipated that over 100,000 Negroes would vote since they registered in such 29 large nunbers. With this picture in mind it was expected that the Negro would maintain a balance of power in the election. However, figures speak more eloquently of the political status of the Negro than anything else, and on selecting the five largest counties with the largest white and Negro populations, a dismal picture based on the ineffective use of the ballot prevailed in approximately the same ratios. Duval County with 131,562 whites and 50,273 Negroes of voting age and a total population of 198,620 whites and 30 75,223 Negroes succeeded in registering 59,216 whites to 12,420 Negroes.

According to the popule.tion the ratio was less than three to one, while the registration was five to one in favor of the white race. In Dade county with

Miami as the county seat, the picture was somewhat worse. The population of this county of 261,233 whites and 63,906 Negroes, with a total of 192,072 whites and 34,919 Negroes of voting age, registered 91,656 whites to 6,000 31 for the Negroes. Thus the ratio in the county was about eighteen to one in favor of the white race. Over in Palm Beach county which has a total population of 66,844 whites and 45,467 Negroes, with 47,851 whites and 28,730

Negroes of voting age, the registration count was 59,216 whites to only 32 12,420 Negroes. This picture gave a ratio of approximately five to one.

28 John A. Diaz, "Sunbeams Over Florida", Pittsburgh Courier(FIorida edi¬ tion), March 27, 1948, p. 3. 29 Ibid.

30 Ibid. 31 Ibid. 32 Ibid. 53

Hillsborough county with a population of 173,833 whites and 34,011 Negroes, listed 115,924 whites and 22,992 Negroes of voting age with 44,686 whites 33 registered to 2,177 Negroes. The whites outnumbered the Negroes about twenty-one to one. At Orange county, where Orlando is located, the voting picture was almost identical. Of the 86,782 total population, 19,832 were

Negroes, with 47,176 whites and 12,941 Negroes listed of voting age, while 34 the records showed that 26,004 whites to 1,466 Negroes had registered.

The ratio in this instance was about seventeen whites to each Negro. The ratios cited above made it inevitable and imperative that the Negroes of the state be stirred to a sense of civil duty with the aim of changing their present attitude of complacency, fear and indifference in the direc- 35 tion of the exercise of politicàl power.

On May 4, 1948, the first primary was held with active partici¬ pation by the Negroes,- something new in the history of the state. At a glance, 895,309 Democrats claimed registration along with 60,688 Republi- 36 37 cans. Of the total registered Democrats, 69,209 were Negroes. This number was far less than the 100,000 which was anticipated by the Negro po¬ litical leaders in their drive to register the multitude of prospective 38 colored voters. However, it did indicate that the Negro was beginning to realise the importance of the ballot. At the same time, there was the sat¬ isfaction of colored citizens discharging their duties to their country and to their immediate commonwealth. Another thing to cause amazement was that

34 Ibid. 35 Ibid. 36 Associated Press, "Election at a Glance" Gainesville Daily Sun, Gainesville, Florida, May 5, 1948, p. 2. 37Ibid. 33Editorial in Pittsburgh Courier (Florida edition), May 15, 1948, pp. 1, 4. 54 during the balloting throughout the entire state, there were few if any ob¬ jectionable incidents. Negro voters, like white voters, went to the polls and by their votes, showed their preferences for the men and for the issues

39 that represented good government. In Miami at Precinct 7, a Negro was in¬ sulted by a white woman who in objectionable language questioned his voting.

However, she was quickly answered by another white woman who replied, "He has a right to vote as anyone else."^

According to the election laws of Florida, the primary votes of the Democrats are open to any qualified citizen who wishes to file for of¬ fice. In case no contestant secures fifty-one per cent of the total votes cast in the first primary, the two highest contestants are required to en¬ ter into a "run off primary" which should be held within three weeks from

41 the date of the original primary.

In the major contested office, that of governor, the two success¬ ful primary candidates were Dan McCarthy of Fort Pierce, a young business man, and Fuller Warren, a Jacksonville attorney. Few Negroes realized that they were voting in a primary for the first time. Previously, large numbers of them had voted in non partisan elections in some parts of the state, and others had voted for Republicans which were so far outnumbered that their 42 votes scarcely counted at all. However, the largest number of Negro votes were cast in Duval county, while Hillsborough and Dade counties ran second

43 and third, respectively.

39 Ibid, 40 John A. Diaz,"Thousands Vote in Florida Primary for First Time", Pittsburgh Courier (Florida edition), May 15, 1948, p. 2.

41 Ibid. 42 Ibid. 43 Ibid. 55

It was estimated that approximately 40,000 Negroes out of the ap¬ proximately 70,000 who registered, voted in the first primary, but a much 44 larger number was expected to vote in the second primary on May 25. With this in mind, the Courier advised that the Negro voters should take the op¬ portunity to scrutinize the records of the two candidates on liberal issues.

In fact it advised the Negroes to weigh the entire platform of both candi¬ dates in an effort to ascertain what contributions the candidates might make toward improving the economic, cultural, and political well being of 45 the state. This newspaper also sought to point out the importance of ac¬ tive participation at the second primary, further warning that the "run off" primary was equally as significant as the first, and if Negroes neglect¬ ed the privilege of voting in this campaign, they would in all probability 4i nullify the gains which they had so earnestly gained at the initial primary.

An incident was recalled which happened at the 1946 primary elec¬ tion. The laxity of the Negroes at the polls was believed to have been the paramount reason for the election of a man to the legislature who swore to pass a bill which would have made the Democratic primary "lily white." IIow-

47 ever, the measure was defeated by the members of this body.

With the second primary ended and the state’s next governor, Ful¬ ler Warren nominated, it is only proper and fitting that the role of the Ne¬ gro as a voter be evaluated. The picture looks somewhat like this: Only about one out of every seven Negroes who were eligible to vote, exercised

44Ibid.

^Editorial in the Pittsburgh Courier (Florida edition), May 15, 1948, p. 4. 46 Ibid. 47 Calvin Adams, "Gleanings From the Gateway City" Pittsburgh Courier (Florida edition), May 15, 1948, p. 2. 56 the franchise, when approximately 350,000 of the state's 500,000 could have 48 voted had they taken time to do so.

Within recent years, there have been numerous developments which tend to make the role of the Negro as a voter, more active. The poll tax was eliminated as a feature of the voting process in 1937. The decision rendered in the two cases, Davis v. Cromwell and Davis v. Chavis, enhanced the registration and the voting of Negroes in the Democratic primary. La¬ ter, apparent attempts to ignore the rulings of the court, brought forth opinions from the state attorney general in behalf of the Negro. Negroes have become aware of their voting potentialities - a fact of which has led to the establishment of the "Progressive Voters League of Florida." The

Negro press and various race leaders have urged the members of the race to vote in all elections. Though Negroes registered in large numbers in the election of 1948, there has been evidence of much indifference on their parts in exercising the functions of suffrage.

^®John A. Diaz, "Sunbeams Over Florida" Pittsburgh Courier (Florida edition), May 29, 1948, p. 3. SUMMARY

Political developments from the end of the Civil War until 1868 may be used to describe the basic trends that were taking place. During this first period the conservative view dominated and there was a general opposition by whites to the exercise of suffrage rights by Negroes. At this time, Governor Marvin, Governor "Walker, the newspapers, and leading

Democrats showed open hostility toward the idea of Negro balloting. The

Constitutional Convention of 1865, which claimed numerous ex-Confederates in its membership, framed a constitution which denied Negroes the right to vote. The establishment of the Freedmen's Bureau in the state led to the rise of three Republican factions and the organization of the colored voters. In 1867, when the delegates for the Constitutional Convention which met the following year iTere elected, eighteen of them were Negroes.

This was historic - almost as significant as the constitution itself.

This resulted in the enfranchisement of the Negro voter for the first time in the sta.te's history. The black electorate responded in such a manner that in the general election of 1868, the Negro voters outnumbered the whites.

After the restoration of civil government to the state, Negroes played an important role in the government until 1876. There was much fric¬ tion and numerous attempts were made by the Democrats to regain political

control. Legal efforts failing, the Ku Klux Klan and the Young Men's Demo¬

cratic Clubs took an active part in perpetuating lawlessness as a means of denying the Negro the free exercise of the franchise. Things became so

57 58 critical that a sub-branch of the Congressional Investigating Committee was sent down to take testimony concerning these outrages.

The National presidential election of 1873 reverberated in the state and this event narked the downfall of Republican rule. The role of the Negro elector was precarious because he was subjected to the measures used by the Democrats to stop Negro voting. Even after 1876, in order to safeguard their new status, the Democrats used economic coercion and intim¬ idation as weapons in their fight for white political supremacy.

The Constitutional Convention of 1885 with major representation among the Democrats produced a document which technically allowed the Negro to retain the privilege of voting but actually restricted that right dras¬ tically by means of a poll tax.

Along with the growth of Democratic power went other moves which were designed to confuse the Negro. Such devices as the multiple ballot and ballot box system, dual polls at the same precinct, and the establish¬ ment of party primaries provide examples of this sort of drive. Since the turn of the century to the present time, the white primary has been one of the favorite methods of keeping the Negro vote down to a minimum. Later in

1928, the state because of its opposition to Alfred E. Smith, a Catholic and a "Wet", gave its electoral votes to Herbert Hoover. However, the Negro exerted no decisive influence in tipping the scales for Hoover.

Within recent years, numerous developments have occurred which make the role of the Negro vote more active. The poll tax was repealed in

1937. The decisions rendered in the case of Davis v. Cromwell and Davis v.

Chavis, increased the registration and the voting of Negroes in the Democra¬ tic primary. Later, attempts to circumvent these rulings brought forth opin¬ ions from the attorney general of the state in behalf of the franchise rights 59 for o.ll citizens.

The Negroes have become aware of their voting potentialities a fact which led to the organization of The Progressive Voters League of Florida. Recently Negro women of the state have been instrumental

in helping to organize colored voters. The Negro press along with nu¬ merous leaders of equal rights organizations have urged Negro citizens to register and vote. This they are doing in large numbers. Yet, in the primary elections of 1948, only a small fraction of the potential electorate, blacks as well as whites, took the pains to discharge their main political obligations as citizens of a democratic nation and state I

BIBLIOGRAPHY

Primary References

I. Books Pertaining to Florida

Acts of Florida, 1868.

Florida Statutes, 1941, Vols. I, II, and III.

Journal of the Proceedings of the Constitutional Convention of 1865 and 1885. Tallahassee: 1865.

Journal of the Proceedings of the Constitutional Convention of 1885» Tallahassee: 1885.

Journal of the House of Representatives of the General Assembly. Tal¬ lahassee: 1865.

Laws of Florida, 1937.

II. United States Documents

United States Statutes at Large, Vol. XIV.

Southern Reporter, Vol. XXIII, St. Paul, Minn: West Publishing Co., 1946.

Supreme Court Reporter, Vol. LXIV, St. Paul, Minn: West Publishing Co., 1944.

House of Representatives Reports. 42nd. Congress, 2nd. Session, Ho. 22, pt. 13.

House of Representatives Miscellaneous Documents. 44th Congress, 2nd. Session, Ho. 35, pt. 2.

III. Newspapers

Tallahassee Sentinel (Tallahassee, P'la. ), 1865-1876.

Weekly Floridian (Tallahassee, Fla.), 1865-1883.

Pittsburgh Courier (Pittsburgh, Pa.), 1947-1948.

Tampa Bulletin (Tampa, Fla.), 1948.

Gainesville Daily Sun (Gainesville, P'la.), 1948.

60 61

Secondary References

I. Books

Abbey, Kathryn T. Florida, Land of Change» Chapel Hills University of North Carolina Press, 1941. Presents a vivid picture of the economic, political and social changes which took place in the state.

Cash, William T. History of the Democratic Party in Florida. Live Oak, Florida: Democratic Historical Foundation, 1936. Pictures the achievements of the party in the state. Names many party lead¬ ers and shows how Democratic supremacy grew.

Davis, William. The Civil War and Reconstruction in Florida. New York: Columbia University, 1913. Cives much information concerning the political status of the Negro during this period.

Merriam, C. Edward. Primary Elections. Chicago: University of Chicago Press, 1909. Traces the development of the legal regulation of partj'- primaries from 1866-1908. Discusses general tenden¬ cies in this movement.

Moon, Henry Lee. Balance of Power: The Negro Vote. Garden City, New York: Doubleday and Co., Inc., 1948. Discusses the Negro vote from 1928 to the present.

Wardlaw, Ralph. Negro Suffrage in Georgia, 1867-1930. Phelps Stokes FeL lowship Studies in the University of Georgia, No. 11, 1930-31. Bulletin of the University of Georgia, Vol. XIV, No. 4, 1932. A thesis presented to the faculty of the University of Georgia in partial fulfillment of the requirements for the degree of master of arts.

Wallace, John. Carpetbag Rule in Florida. Jacksonville: DaCosta Print¬ ing and Publishing Co., 1888. A story of the inside workings of the reconstruction of civil government in Florida after the close of the Civil War. Tries to correct the erroneous concep¬ tion that slaves were ignorant and had no conception of good government when enfranchised.

II. Periodicals

Knauss, James. "The Growth of Florida's Election Laws." Florida Histori¬ cal Quarterly, V, No. 1, pp. 10-12, July, 1926. Presents a vi- vid analysis of the growth of Florida's election laws.

III. Miscellaneous Material

Letter from J. Tom Watson, Attorney General of Florida to R. A. Gray, Secre¬ tary of State. Advises the registration of Negroes as Democrats in the primary election books. 62

Letter of J. Ton Watson to Harry T. Moore, Executive Secretary of the Progressive Voters League of Florida. Advises on Negro re¬ gistration as Democrats and sanctions the change of party affiliations.

Open letters of Harry T. Moore to the colored citizens of the state. Urges affiliation with the Progressive Voters League.

Mimeographed speech of Edward Davis to the Voters League of Orlando in 1946. Tries to impress upon the Negro, the importance of exercising the privilege of suffrage.

The 1946 Primary Registration Figures. Compiled by the Progressive Voters League.