Power  /  Retrieval

Echoes of 1891 in 2022

Using the congressional filibuster to prevent voting rights legislation isn't new. It has roots in the 19th century.

Black voting had been the cornerstone for Congressional Reconstruction. It had been designed to secure dual objectives—to enable those formerly enslaved to defend their new freedoms, and to provide a mechanism through which pro-Union (and pro-Republican) electorates might take root in the ex-Confederate states. But neither objective had been secured. The “Solid South” had become a Democratic party bastion that carried Grover Cleveland to the presidency in 1884, while Southern Blacks lacked the political leverage to redress their grievances.

Northern Republicans fumed that those who had “nullified and uprooted” Black voting consequently enjoyed increased representation in Congress and additional clout in presidential elections. Harrison had bested Cleveland in 1888 only by assembling wafer-thin margins in several pivotal Northern states, including his own. The new president had ample motive to pay attention to Indiana’s modest cohort of Black voters. Republicans could not hold the state without them. But any effort to protect Black rights ran headlong into the fatalistic views of many educated white Northerners, who presumed that no law could overcome Southern white resistance to Black voting.

Harrison and his managers decided to give priority to enacting a Federal Elections bill, but the devil was in the details. The best way to secure “a free vote and a fair count” might have been to remove the electoral process from the tainted hands of Southern state and local officials—and to place the federal government in charge of registration, voting, vote counting, and certification. Many Blacks and some white Republicans indeed called for thoroughgoing federal control. But an intense behind-the-scenes tussle revealed that proponents of federal control would have to settle for a plan to place federal supervisors at polling places and to empower federal canvassers to certify voting returns. Whatever its limitations, the bill threatened to overturn the ability of Southern state governments to validate election outcomes. “The law proposed is not as strong as it should be, but it is the best in sight,” noted T. Thomas Fortune, the African American editor of the New York Age.

Massachusetts representative Henry Cabot Lodge, who managed the House bill and whose name became attached to it, shared his party’s frustration about the malign consequences of Democratic cheating in the South, but his defense of the Elections bill transcended narrow partisanship. He warned that “a failure to do what is right brings its own punishment to nations as to men.” The American people, who had paid a heavy debt because of slavery, ran a renewed risk: “If we permit any citizen, no matter how humble, to be wronged, we shall atone for it to the last jot and tittle. No great moral question of right and wrong can ever be settled finally except in one way, and the longer the day of reckoning is postponed the larger will be the debt and the heavier the payment.” The United States government, having “made the black man a citizen,” was obligated to protect him in all his rights. And, Lodge thundered, “it is a cowardly government if it does not do it!”

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Mount Auburn Cemetery

Another Massachusetts senator, Henry Cabot Lodge, was frustrated by the antidemocratic rules in the Senate that made it easy for a minority to obstruct the majority from governing. His arguments from the 1890s are still relevant today.