Elusive Rights: Trying to Vote in the Jim Crow South Even after the passage of the 15th Amendment, African-Americans still had a tremendously difficult time attempting to exercise the rights granted to them by the government. Because while Southern states could no longer ban black voting outright, they engineered an elaborate system of laws and policies that served as a practical ban on the black vote. The Origins of Jim Crow: The phrase “Jim Crow” comes from a popular song of the 1830s called “Jump Jim Crow” by Thomas Dartmouth “Daddy” Rice, a blackface performer. The lyrics are below: Come, listen, all you gals and boys, I'm just from Tuckyhoe; I'm gwine to sing a little song, My name's Jim Crow. Chorus: Wheel about, an' turn about, an' do jis so; Eb'ry time I wheel about, I jump Jim Crow. I went down to de river, I didn't mean to stay, But there I see so many gals, I couldn't get away. I'm rorer on de fiddle, an' down in ole Virginny, Dey say I play de skientific, like massa Paganini. I cut so many munky shines, I dance de galloppade; An' w'en I done, I res' my head, on shubble, hoe or spade. I met Miss Dina Scrub one day, I gib her sich a buss; An' den she turn an' slap my face, an' make a mighty fuss. De udder gals dey 'gin to fight, I tel'd dem wait a bit; I'd hab dem all, jis one by one, as I tourt fit. I wip de lion ob de west, I eat de alligator; I put more water in my mouf, den boil ten load ob 'tator. De way dey bake de hoe cake, Virginny nebber tire; Dey put de doe upon de foot, an' stick 'em in de fire.
Examples of Jim Crow laws: EDUCATION Mississippi: Separate schools shall be maintained for the children of the white and colored races. North Carolina: School textbooks shall not be interchangeable between the white and colored schools, but shall continue to be used by the race first using them. ENTERTAINMENT Alabama: It shall be unlawful to conduct a restaurant or other place for the serving of food in the city, at which white and colored people are served in the same room, unless such white and colored persons are effectually separated by a solid partition extending from the floor upward to a distance of seven feet or higher, and unless a separate entrance from the street is provided. Georgia: It shall be unlawful for any amateur white baseball team to play on any vacant lot or baseball diamond within two blocks of a playground devoted to the Negro race, and it shall be unlawful for any amateur colored baseball team to play baseball within two blocks of any playground devoted to the white race. FREEDOM OF SPEECH Mississippi: Any person guilty of printing, publishing or circulating matter urging or presenting arguments in favor of social equality or of intermarriage between whites and negroes, shall be guilty of a misdemeanor. HEALTH CARE Alabama: No person or corporation shall require any white female nurse to nurse in wards or rooms in hospitals, either public or private, in which negro men are placed.
MARRIAGE Arizona: The marriage of a person of Caucasian blood with a Negro shall be null and void. Maryland: All marriages between a white person and a negro, or between a white person and a person of negro descent, to the third generation, inclusive are forever prohibited, and shall be void. Wyoming: All marriages of white persons with Negroes, Mulattos, Mongolians, or Malaya hereafter contracted in the State of Wyoming are, and shall be, illegal and void. SERVICES Georgia: No colored barber shall serve as a barber to white women or girls. Georgia: The officer in charge shall not bury, or allow to be buried, any colored persons upon ground set apart or used for the burial of white persons. TRANSPORTATION Alabama: The conductor of each passenger train is authorized and required to assign each passenger to the car or the division of the car, when it is divided by a partition, designated for the race to which such passenger belongs. Maryland: All railroad companies are hereby required to provide separate cars or coaches for the travel and transportation of the white and colored passengers. 1. Look at the picture of the water fountains. What difference do you see between the two?
2. What is your reaction to some of these laws? Which ones do you find to be most extreme?
3. What evidence from above suggests that Jim Crow was not exclusively a “Deep South” phenomenon? What does this say about the view of African-Americans in general?
In any democracy, arguably the most important right of all is the right to vote. In the pages below, you are going to simulate an African-American as he attempts to vote in the Jim Crow town of Starkville, Mississippi in 1892. You will have to deal with a wide variety of obstacles if you want to vote. Do you have what it takes? The first thing that you have to deal with is a __________________________. Simply put, this clause stipulates that ______________________ __________________________ _________________________. Let’s see, what amendment granted all (male) citizens the right to vote? ______________ And it was passed in 1870. So, based on the requirements of the _____________________, are you exempt from having to meet the voting requirements? Check the box below that applies to your situation: Yes _____ No ______ Crap. This means that you have to go through the requirements. 1. What was the purpose of the ______________________?
2. Why was this clause so effective in preventing AfricanAmericans from voting? 3. Why do you think the ________________ was not ruled
unconstitutional?
Good for you. Undeterred by the Grandfather Clause, you’ve decided to continue and try to vote. The problem is that, because you were not “grandfathered in,” you have to pass a variety of challenging obstacles before you will be allowed to drop your ballot in the box. First, let’s find out a question: do you think that stupid people should be allowed to vote? Why or why not?
The next step in your voting ordeal is called the ________________. In theory, the idea was to keep “ignorant” people from voting. In reality, however, it was _____________________________________ ________________________________________________________ _______________________________________________________. The following is a copy of an actual Jim Crow era literacy test. You will have _____ minutes to determine whether or not you are smart enough to vote and have rights in the United States of America. If you fail this test, you cannot vote. Good luck! 1. Which of the following is a right guaranteed by the Bill of Rights? _____Public Education _____Employment _____Trial by Jury _____Voting 2. The federal census of population is taken every five years. _____True _____False 3. If a person is indicted for a crime, name two rights which he has. ______________________ ________________________ 4. A U.S. senator elected at the general election in November takes office the following year on what date? _________________________________________________ 5. A President elected at the general election in November takes office the following year on what date? ______________________________________________________________________ 6. Which definition applies to the word "amendment?" _____Proposed change, as in a Constitution _____Make of peace between nationals at war _____A part of the government
7. A person appointed to the U.S. Supreme Court is appointed for a term of __________. 8. When the Constitution was approved by the original colonies, how many states had to ratify it in order for it to be in effect? _________________________________________ 9. Does enumeration affect the income tax levied on citizens in various states? __________ 10. A person opposed to swearing in an oath may say, instead: I (solemnly) ______________________________________________________________ 11. To serve as President of the United States, a person must have attained: _____25 years of age _____35 years of age _____40 years of age _____45 years of age 12. What words are required by law to be on all coins and paper currency of the U.S.? ________________________________________________________________________ 13. The Supreme Court is the chief lawmaking body of the state. _____True _____False 14. If a law passed by a state is contrary to provisions of the U.S. Constitution, which law prevails? ________________________________________________________________________ 15. If a vacancy occurs in the U.S. Senate, the state must hold an election, but meanwhile the place may be filled by a temporary appointment made by ________________________________________________________________________ 16. A U.S. senator is elected for a term of _____ years. 17. Appropriation of money for the armed services can be only for a period limited to _____ years. 18. The chief executive and the administrative offices make up the ___________________ branch of government. 19. Who passes laws dealing with piracy? ________________________________________________________________________ 20. The number of representatives which a state is entitled to have in the House of Representatives is based on _________________________________________________ 21. The Constitution protects an individual against punishments which are _______________ and _______________________. 22. When a jury has heard and rendered a verdict in a case, and the judgment on the verdict has become final, the defendant cannot again be brought to trial for the same cause. _____True _____False
23. Name two levels of government which can levy taxes: ________________________________________________________________________ 24. Communism is the type of government in: _____U.S. _____Russia _____England 25. Cases tried before a court of law are two types, civil and _________________________. 26. By a majority vote of the members of Congress, the Congress can change provisions of the Constitution of the U.S. _____True _____False 27. For security, each state has a right to form a _________________________________. 28. The electoral vote for President is counted in the presence of two bodies. Name them: _____________________________________________________________________ 29. If no candidate for President receives a majority of the electoral vote, who decides who will become President? ___________________________________________________ 30. Of the original 13 states, the one with the largest representation in the first Congress was ______________________________________________________________________. 31. Of which branch of government is the Speaker of the House a part? _____Executive _____Legislative _____Judicial 32. Capital punishment is the giving of a death sentence. _____True _____False 33. In case the President is unable to perform the duties of his office, who assumes them? ___________________________________________________________________ 34. "Involuntary servitude" is permitted in the U.S. upon conviction of a crime. _____True _____False 35. If a state is a party to a case, the Constitution provides that original jurisdiction shall be in ______________________________________________________________________. 36. Congress passes laws regulating cases which are included in those over which the U.S. Supreme Court has ____________________________________________ jurisdiction. 37. Which of the following is a right guaranteed by the Bill of Rights of the U.S. Constitution. _____Public Housing _____Education _____Voting _____Trial by Jury
38. The Legislatures of the states decide how presidential electors may be chosen. _____True _____False 39. If it were proposed to join Alabama and Mississippi to form one state, what groups would have to vote approval in order for this to be done? ________________________________________________________________________ 40. The Vice President presides over ____________________________________________. 41. The Constitution limits the size of the District of Columbia to ______________________________________________________________________. 42. The only laws which can be passed to apply to an area in a federal arsenal are those passed by ___________________________________________ provided consent for the purchase of the land is given by the _________________________________________. 43. In which document or writing is the "Bill of Rights" found? ______________________. 44. Of which branch of government is a Supreme Court justice a part? _____Executive _____Legislative _____Judicial 45. If no person receives a majority of the electoral votes, the Vice President is chosen by the Senate. _____True _____False 46. Name two things which the states are forbidden to do by the U.S. Constitution. _______________________________________________________________________ ________________________________________________________________________ 47. If election of the President becomes the duty of the U.S. House of Representatives and it fails to act, who becomes President and when? _______________________________________________________________________ 48. How many votes must a person receive in order to become President if the election is decided by the U.S. House of Representatives? _______________________________ 49. How many states were required to approve the original Constitution in order for it to be in effect? ______________________________________________________________ 50. Check the offenses which, if you are convicted of them, disqualify you for voting: _____Murder _____Issuing worthless checks _____Petty larceny _____Manufacturing whiskey 51. The Congress decides in what manner states elect presidential electors. _____True _____False
52. Name two of the purposes of the U.S. Constitution. ________________________________________________________________________ 53. Congress is composed of __________________________________________________. 54. All legislative powers granted in the U.S. Constitution may legally be used only by ______________________________________________________________________. 55. The population census is required to be made very _____ years. 56. Impeachments of U.S. officials are tried by ___________________________________. 57. If an effort to impeach the President of the U.S. is made, who presides at the trial? _____________________________________________________________________ 58. On the impeachment of the chief justice of the Supreme Court of the U.S., who tries the case? ________________________________________________________________ 59. Money is coined by order of: _____U.S. Congress _____The President's Cabinet _____State Legislatures 60. Persons elected to cast a state's vote for U.S. President and Vice President are called presidential _________________________________________________________. 61. Name one power which is exclusively legislative and is mentioned in one of the parts of the U.S. Constitution above______________________________________________. 62. If a person flees from justice into another state, who has authority to ask for his return? _____________________________________________________________________ 63. Whose duty is it to keep Congress informed of the state of the union? _____________________________________________________________________ 64. If the two houses of Congress cannot agree on adjournment, who sets the time? _____________________________________________________________________ 65. When presidential electors meet to cast ballots for President, must all electors in a state vote for the same person for President or can they vote for different persons if they so choose? _____________________________________________________________________ 66. After the presidential electors have voted, to whom do they send the count of their votes? _____________________________________________________________________ 67. The power to declare war is vested in ________________________________________.
68. Any power and rights not given to the U.S. or prohibited to the states by the U.S. Constitution are specified as belonging to whom? ______________________________
Did you pass? Yes _____
No _____
If you answered “Yes” above…Congratulations! You now have to move on to the next step before you can vote. If you answered “No”, the state of Mississippi has deemed you too ignorant of U.S. facts to let you vote. I’m sorry, but the ballot is closed to you. Oh, by the way, you know the white man who took the test right next to you? His test consisted of one question: “Who is the current President of the United States?” He is allowed to vote, and you are not. 1. What is your reaction to the literacy test? 2. Look at your answer to the question about stupidity and voting from before the test. Has your opinion changed now? Why or why not?
3. Why was the literacy test effective in preventing AfricanAmericans from voting?
In an amazing stroke of luck, there was a bureaucratic mix-up at the Starkville Board of Elections, and it turns out that your literacy test was marked as “passed”. You now have the opportunity to show up to the polls on election day! Huzzah! So, you have to get to the polls. Think back to the study of the Black Codes. What were some of the things that were crimes if you were African-American?
Yes, one of them was _______________. So, it would probably not be a good idea to walk the over 20 miles to the nearest polling place (after all, they put the station far away from where blacks lived) by yourself; you might be accused of being _______________ and thrown in jail. Plus, look at these statistics:
Lynchings: By State and Race, 1882-1968 Mississippi
White 42
Black 539
Total 581
Lynchings: By Year and Race 1890 1891 1892 1893 1894 1895 1896
White 11 71 69 34 58 66 45
Black 85 113 161 118 134 113 78
Total 96 184 230 152 192 179 123
1. What challenges in terms of transportation and intimidation would an African-American face on the way to the polls?
2. Why do you think this was effective in preventing blacks from voting?
Boy, you sure were brave to risk arrest and lynching in order to get to the polls and vote. But it’s election day, and you’re here! The white poll workers are all giving you nasty looks, but hey, you passed the test and got to the polls, so now it’s time to vote. All you need to do is take care of one thing. The last step in your voting odyssey is the ____________________________________. According to the state of Mississippi, the reason they have the ____________________ is to help pay for the cost of running elections. Can you guess another, more devious reason, for the __________________?
Regardless, you have to pay the ________________. Here in Starkville, the cost is $15. Look on the last page of your packet, and collect the money you have to pay the tax. Check the box below if you could afford to pay the tax: Yes ________ No _______ If you checked “Yes”…Congratulations! At this point, all you have to do is step into the curtain and cast your vote. Democracy really does work! If you checked “No”…sorry, no voting for you this time. Save up a little and try again in a few years (of course, you’ll have to pass a whole new literacy test again). And be safe getting back home… 1. What is your reaction to the poll tax? Were you able to vote? 2. How was the poll tax effective in preventing African-Americans from voting? 3. The poll tax was not officially banned until the 24th Amendment in 1964. Why do you think it took so long to be eliminated?
FINALLY! You’ve passed a test, walked to the polls at the threat of death, paid a tax that has nearly (if not entirely) bankrupted you, but you can now go into the curtain and vote. You’re walking to the voting booth when a Starkville Sheriff’s Deputy politely pulls you aside. He tells you that using some “accidentally” leaked information from your voting application, the Ku Klux Klan has gone to your house and is holding your wife hostage. He tells you that, in his opinion, it would be a good idea for you to go straight home and avoid any “funny business.” The message is clear to you. You leave, and do not vote. 1. Overall, how would you describe the Jim Crow era in the United States?
2. Jim Crow laws are famous for being all-encompassing; Jim Crow truly was “a way of life” for African-Americans in the South after Reconstruction. What is one political, one social, and one economic right that the Jim Crow laws took away?
3. Prediction: What do you think is the legacy of Jim Crow in modern day America?
Elie Weisel, a Holocaust survivor, once said that "The opposite of love is not hate, it's indifference. The opposite of beauty is not ugliness, it's indifference. The opposite of faith is not heresy, it's indifference. And the opposite of life is not death, but indifference between life and death." This quote also applies to the Jim Crow era in the South; while the Southern states are clearly culpable in this oppression, is there anyone else to blame? In a well-developed essay, you will use the Elie Weisel quote and the activities from today to prove or disprove the following thesis: Is the North equally as responsible for the Jim Crow era as the South? You may want to consider the following: Actions (or inactions) by the Supreme Court or Congress The abandonment of Reconstruction after the Compromise of 1877 Your essay should also include at least two of the topics discussed in the packet. The essay will be worth 20 points, and is due on _________________________. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________
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