This unsigned Harper’s Weekly cartoon shows an elated black man
casting his vote under the authority of the Fifteenth Amendment, as he
shoos away the irritating "flies" of states which voted
against its ratification.
In the early years of the American republic, free black men had been
able to vote in some Northern states. In the first half of the
nineteenth century, though, states rescinded property requirements for
voting as they applied to white men, but kept or increased those or
other restrictions on the voting rights of black men. The state of New
York followed this pattern in 1846.
With the abolition of slavery in 1865, voting rights for black men
became an important and controversial political issue. In the spring of
1867, Congress required the former Confederate states to enact black
manhood suffrage as a stipulation for readmission to the Union. With
10-15% of the white electorate disfranchised for past Confederate
affiliation, black men constituted the majority of voters in several
Southern states, with 70-90% casting ballots. They were the key
Republican constituency in the South. In the North, black men could vote
only in four Midwestern states and five of the six New England states
(not Connecticut).
Radical Republicans such as Senator Charles Sumner of Massachusetts
pushed for the adoption of black voting rights on the grounds of both
justice and political necessity. Harper’s Weekly editor George
William Curtis urged the New York State Constitutional Convention in
1867 to equalize voting rights because "civil rights were a mere
mocking name until political power gave them substance." His
efforts were unsuccessful, and the issue was also defeated that year in
popular referenda in Kansas, Minnesota, and Ohio. The 1868 Republican
national platform strongly endorsed the congressional mandate of black
manhood suffrage in the former Confederacy, while hypocritically
asserting that it was up to individual states in the rest of the
country.
The 1868 elections, however, gave Republicans a political incentive
to push for nationwide voting rights for black men. Republican Ulysses
S. Grant was elected president by a wide margin in the electoral
college, but a closer margin in the popular vote (53-47%), with the
tally in several states being extremely close. Democrats picked up seats
in the U.S. House of Representatives, while threats and acts of violence
against black and white Republicans in Georgia and Louisiana allowed
those states to elect Democratic legislatures. Iowa and Minnesota voters
passed black manhood suffrage referenda, but none of the five border
states (former slave states loyal to the Union) and only eleven of
twenty-one Northern states permitted black men to vote. Almost 17% of
the nation’s black population lived in those states.
Blacks in New York and other Northern states petitioned Congress for
their voting rights, and Southern blacks voiced their support. The
outgoing Republican Congress decided to take action before the incoming
Congress, with it smaller Republican majority in the House, was sworn
into office. Various proposals for a constitutional amendment were
submitted in both houses in January and February 1869, but the final
version was a moderate compromise which failed to ban state requirements
for voting which were not race-based, such as literary tests. Rather
than a positive affirmation, the proposed Fifteenth Amendment stated
that the right to vote could not be denied because of "race, color,
or previous condition of servitude."
The proposed Fifteenth Amendment passed Congress in February 1869,
and then awaited ratification by the constitutionally necessary
three-fourths of the states. The New England states, which Republicans
dominated, quickly ratified it, but the battle was more difficult in the
Mid-Atlantic states. Passage by a Republican-controlled legislature in
New York was reversed by the succeeding Democratic-controlled assembly
which was elected in the fall of 1869. The New York fly in this cartoon
is Democratic governor John Hoffman. Pennsylvania approved the measure
in March 1869, but New Jersey defeated it, and Delaware did not give its
approval until 1901, decades after it was operative. The latter two
states appear as flies in the cartoon, as do the border states of
Maryland and Kentucky, which also rejected it.
The three remaining unreconstructed states of Mississippi, Texas, and
Virginia complied with the Congressional requirement that they pass the
proposed amendment in order to regain admission to the Union. Except for
Tennessee, the other Confederate states followed suit by passing the
measure. President Grant had to pressure the Nebraska governor to call a
special session, but that state and other Midwestern states voted for
ratification.
In the West, California (another fly) rejected the amendment for fear
it would lead to an "invasion" of Chinese. There was intense
prejudice and discrimination in California against Chinese immigrants,
who outnumbered blacks in the state by a ten-to-one ratio. Supporters in
Nevada, the only state in the Far West to ratify the amendment,
convinced enough legislators that "race" meant the African
race and would not apply to the Chinese.
In the issue of Harper’s Weekly in which this cartoon
appears, an editorial announces that it is probable that the proposed
amendment will be ratified. A few weeks later, on March 30, 1870, the
Fifteenth Amendment officially became part of the U.S. Constitution. As
black men gained the vote in the rest of the country, they lost it
gradually in the South as Reconstruction drew to a close and state
requirements (poll taxes, literary tests, etc.), intimidation, and
violence prevented them from casting ballots.
In the North, the white electorate believed that the goals of
Reconstruction had been fulfilled with the ratification of the Fifteenth
Amendment, so increasingly lost interest in the issue of voting rights.
The measure ended up being less important in constitutional law than the
Fourteenth Amendment, but the Voting Rights Act of 1965 gave power to
the principle embodied in the Fifteenth Amendment.
The lyric in the caption (conveyed in dialect) is that of a popular
nineteenth-century song, "Shoo Fly Don’t Bother Me," which
may derive from a Pennsylvania Dutch military march. Notice the typical
voting box, which is glass and in public view.