University of Virginia Library

CHAPTER XIV

CONVENTION OF 1901-1902 AND LATER POLITICAL DEVELOPMENTS

The question of calling a convention to revise and amend
the Constitution of 1868 was submitted to the people three
times prior to 1900.[1] The Constitution of 1868 provided that
no such election should take place in the State until after the
general election to be held in 1888, and that a vote be then
taken on the question. But the danger of a return to Mahoneism
was too great at that time for the whites to advocate
any measure restricting the suffrage or reducing the number
of local offices. Furthermore, it was not felt that the State
could then afford to bear the expense of a convention. Economy
had been written into all political platforms for many
years. A convention was advocated, therefore, by neither
party. The first referendum for a convention was defeated
by a vote of 63,125 to 3,698. By 1897, public sentiment in its
favor had greatly increased. In the election of that year, the
convention was again defeated—this time by a vote of 183,453
to 38,326. But no definite program could be agreed upon as a
basis for revising the constitution. As in the previous election,
no party was committeed on the subject and no canvass
was made.

In 1900, the General Assembly again provided for a vote
on the calling of a convention.[2] Both parties now took sides
on the question. The Democratic state convention at its
meeting in Norfolk on May 2, 1900, advocated the calling of a

convention to revise the Underwood Constitution. It also
passed a resolution "That it is the sense of this convention
that, in framing a new constitution, no effort should be made
to disfranchise any citizen of Virginia who had a right to
vote prior to 1861, nor the descendant of any such person;
and that when such constitution shall have been framed, it
shall be submitted to a vote of the people for ratification or
rejection."[3] The Republican party declared emphatic opposition
to a constitutional convention. "Let every voter,"
urged the chairman of the party, "get to the polls on the 24th
of May, 1900, and snow the attempted outrage under."[4] In
this election, 77,362 votes were cast for a convention, and
60,375 against it.[5]

By this time the Republican party had taken deep root in
the Southwest. As long as the East was swamped by negro-carpetbag
rule under Republican leadership, the West was
solidly Conservative or Democratic. When the East became
solidly Democratic, the Southwest became largely Republican.
This change in political affiliation was due in part to the old
sectional spirit that made the opposition of the West to the
East in politics traditional in Virginia. The influence of
Mahoneism and Populism, the freedom from the menacing
presence of the negro in local politics, and the growth of large
mining interests in the Southwest—all united in turning this
section towards the Republican party.

Mahone had made a strong appeal to the Western counties.
Mahoneism paved the way for Populism; and it paved the way
for the Republican party, which was associated with both
Mahone and the People's party in Virginia. The Republican
party was still the colored man's party in the State. But in
the white counties of the Southwest, the negro was not a
factor in local politics, and in state politics there was little for
the Southwest to be anxious about so long as the whites were

in control of the political machinery. Perhaps the greatest
cause of the opposition in the Southwest to the calling of a
convention was the fear that the illiterate whites of that section
would be excluded along with the illiterate negroes in the
Eastern counties. In the Ninth Congressional District, which
lies wholly West of the Blue Ridge Mountains, there were
more than nine times as many white as negro voters. Yet
there was one voter out of ever 4.2 in the district who could
not read and write. The percentage of illiteracy was greater
among the white than among the colored voters of the district,
the ratio of illiterate to literate white voters being
1 to 4.6, and that of the colored 1 to 21. In the Fourth
District, on the other hand, which remained longest under
negro domination, and which was one of the most aggressive
sections in bringing about their disfranchisement, there
were one-sixth less white than colored voters. In this district,
the ratio of white illiterate to literate voters was
1 to 10.8, and the ratio among the negro voters was 1 to 1.6.
The proportion of white voters in the Ninth District who
could not read and write was more than twice as great as
that in the Fourth District; and the proportion of negro
voters in the former district who could read and write was
thirty-three per cent larger than that in the Fourth District.[6]

In the black counties, the burden of taxation fell upon the
white minority, and the whites desired the control of expenditures.
The total amount of taxes paid by the negroes of the
State for the fiscal year ending September 30, 1902, if used
solely to cover the amount appropriated for colored schools,
would cover less than half of the expenditure for their schools
alone—exclusive of the pay of county and city superintendents
and the expenses of the State Department of Education.[7]

Although no little progress had been made in bettering their
condition, the majority of them still remained ignorant and
were a constant social danger.[8]

The Constitutional Convention of 1901-1902 began its
session on June 12. Of the 100 delegates, 88 were Democrats,
and 12, Republicans. There were men of all shades of political
beliefs represented. The personnel of the convention was
much above that of the average legislative body of the State.
John Goode, who had served in the Secession Convention of
1861, and in the Confederate Congress, was elected chairman.

In the campaign preceding the convention, and in the convention
itself, no attempt was made to conceal the main purpose
of that body. The negro had been a failure and a menace
in politics. As long as he was in politics, the color line was a
line of friction and danger to both races. Therefore, he must
be removed, not only because he was for the most part an
ignorant and irresponsible voter who had usually stood
solidly behind the worst elements in state politics, but also
because he had been taught in the beginning to vote as a
negro and must therefore be disfranchised because he was a

negro.[9] There was no animosity displayed against him in
the speeches of the convention. His political sins were laid
at the feet of his teachers; and his shiftlessness and moral
shortcomings were regarded as inherent in his race, or as the
result of his environment.

Some idea of the earnestness with which the people longed
for decent and independent politics may be had from the tenor
of a speech by Mr. Thom before the democratic Conference in
October, 1901, in which he said: "The problem is this—to
take this black man out of the suffrage of Virginia as a factor
and remove him as a disturbing and demoralizing influence.
We do not fear his numbers. We fear his presence. As long
as he is in the suffrage with us in any numbers, our curse
is still upon us, we will still be in the grasp of moral and intellectual
servitude—servitude to the idea that we cannot
think, that we cannot act, with independence on any of the
great public questions that confront the citizens of this country—and
he will still be a destroyer of the morality of our
political standards, because there will always be a large faction
among the white people of Virginia that will continue to
justify anything that will keep the black man out and put the
white man in political control. * * * I plead for a new
emancipation, not now of the black man, but of the white man,
whom the black has enslaved in turn."[10]

The task before the convention was most difficult. There
were some delegates from the blackest counties, which had
suffered most from the negro rule, who desired a wholesale
disfranchisement of the negroes in the most arbitrary manner,
and some who wished to eliminate the ignorant and
vicious voters regardless of color. There were delegates
from the Republican counties of the Southwest which had suffered

Andrew Jackson Montague

Governor, 1902-1906

only indirectly from the colored vote, who spoke of the
"God-given right of suffrage" with all the fervor of the radical
Republicans of the Convention of 1867; and there were
delegates from the middle counties, and not a few from counties
of all sections, who were determined to accomplish the
purpose of the convention without resorting to methods that
would be unnecessarily radical. This last group formed the
majority element in that body.

"The Committee on the Elective Franchise, Qualification
for Office, Basis of Representation and Apportionment, and
on Elections" was composed of twenty-two members, at least
two of whom were chosen from each of the Congressional
districts of the State. After more than three months of hard
work, this committee submitted to the convention on September
26, 1901, three reports on the elective franchise—the
majority report signed by twelve of the committee, headed
by Mr. Thom, of Norfolk; a minority report signed by six
of the committee, headed by Senator John W. Daniel, of
Campbell County; and a second minority report submitted by
one member, Mr. J. C. Wysor, of Pulaski and Giles counties.[11]

The requisites for the franchise proposed in the Thom
plan were as follows: 1. The prepayment of the capitation
tax of $1.50 six months before the election, applicable after
February 1, 1903; 2, residence in the State two years, in the
county one year, and in the precinct, thirty days; 3, the registration
of the voter as prescribed by law; 4, ability to explain
the general nature of the various officers for whom the
applicant may, at the time, under the laws, be entitled to vote;
5, that he should have been engaged, if physically able, for at
least one-fourth of the time during the year next preceding
that in which he offers to vote, in a lawful trade, profession,
business, calling, work or service. In addition, further requirements
were provided, to go into effect January 1, 1904,
as follows: 6, that the application to register be in the applicant's

own handwriting; 7, that the voter prepare and
deposit his ballot without aid from another.

The minority report containing the Daniel plan recommended
as permanent requirements for those registering to
vote: 1, the ability to read any section of the state constitution
which might be submitted by the registration officers, and
the ability to give a reasonable interpretation of the same;
2, residence of two years in the State, one in the county or
city, and thirty days in the precinct in which the application
for the right to vote is made; 3, the prepayment of all capitation
taxes six months before the election; 4, registration in
the applicant's own handwriting without assistance, except
in the case of old soldiers, and those physically incapable of
doing so.[12]

The Daniel plan was amended by Mr. Carter Glass to provide
for the ending of the understanding clause requirement
on January 1, 1904. The Glass compromise was finally
adopted by the convention on April 4, 1902, by a vote of fifty-nine
to twenty.[13] Eight Republicans voted against it, and
none of them for it. Mr. Wysor, like many who voted for the
Glass plan, did not favor any understanding clause, but accepted
this compromise as the only possible means of effecting
harmony among the various factions.[14] Mr. Pollard, of Richmond,
opposed these methods of disfranchisement to the last.
Doctor McIlwaine, of Prince Edward, who was elected by the
whites from the county that was the last to be represented in
the legislature by negroes, opposed even a temporary understanding
clause, as too radical, and proposed as a substitute
some form of educational test for registering. He characterized
the understanding and grandfather clauses as a disgrace
to the State.[15] Mr. Hatton of Portsmouth said, "As one of

those delegates who opposed the understanding clause and
who comes from the Black Belt, I stand here in this presence
and declare my thankfulness to the Almighty that I and my
colleagues from the Black Belt were endowed with the wisdom
and foresight to oppose and defeat the permanent understanding
clause." Although opposing both the understanding
and grandfather clauses he accepted the Glass compromise
for the sake of harmony.[16] There were many similar expressions
of opinion among those who voted for the compromise.

Article II concerning "the elective franchise and qualifications
of office," provides that every male citizen of the
United States twenty-one years of age, who has been a resident
of the State two years, of the county, city, or town one
year, and of the precinct in which he offers to vote thirty
days next preceding the election, has paid his poll tax ($1.50)
six months prior to the election, and has registered, is allowed
to vote.

The following could register during 1902 and 1903:

"First. A person who, prior to the adoption of this constitution,
served in time of war in the army or navy of the
United States or of the Confederate States; or, second, a son
of any such person; or, third, a person who owns property,
upon which, for the year preceding that in which he offers to
register, state taxes aggregating at least one dollar have been
paid; or, fourth, a person able to read any section of this constitution
submitted to him by the officers of registration and to
give a reasonable explanation of the same; or, if unable to
read such section, able to understand and to give a reasonable
explanation thereof when read to him by the officers."

Those who registered under these conditions during 1902
and 1903 remained permanently on the roll of voters, provided
that they did not cease to be residents of the State or otherwise
disqualify themselves.[17] But after January 1, 1904,

every male citizen of the United States having the qualifications
of age and residence given above could register, provided:
"First, that he has personally paid to the proper
officer all state poll taxes assessed or assessable against him,
under this or the former constitution, for the three years next
preceding that in which he offers to register; or, if he comes
of age at such time that no poll tax shall have been assessable
against him for the year preceding the year in which he
offers to register, has paid $1.50, in satisfaction of the first
year's poll tax assessable against him; and, second, that unless
physically unable, he make application to register in his
own handwriting, without aid, suggestion or memorandum,
in the presence of the registration officers, stating therein his
name, age, date and place of birth, residence and occupation
at the time and for the two years next preceding, and whether
he has previously voted, and, if so, the state, county, and precinct
in which he voted last; and, third, that he answer on
oath any and all questions affecting his qualifications as an
elector, submitted to him by the officers of registration, which
questions, and his answers thereto, shall be reduced to
writing, certified by the officers, and preserved as a part of
their official records."

Furthermore, since January 1, 1904, only those can vote
who have paid, at least six months prior to the election, all
poll taxes assessed or assessable against them for three years
next preceding that in which they offer to vote. Voters, registered
since January 1, 1904, are also required, unless
physically unable, to prepare and deposit their ballots without
aid. Those registering prior to that date can receive such
aid. The understanding clause and the grandfather clause
were not effective after that date.

It was enacted that the General Assembly may prescribe
a property qualification not exceeding $200 for voting in any
election of officers, other than the members of the General
Assembly, to be elected by the voters of such county or subdivision
thereof or city, or town; such action, if taken, to be

made upon the initiative of a representative in the General
Assembly of the locality concerned.[18]

Rules governing registration were made, and registration
officers in the several counties, to hold office until 1904, were
appointed by the convention.[19]

But the suffrage question, though the most urgent was not
the only problem which was presented to the convention for
solution. The constitution was a lengthy one, in keeping with
the custom of that day, and was burdened with detail.

The State Board of Education was enlarged to include five
members in addition to the former ex-officio members. The
office of state superintendent was made elective with a four-year
term.

Circuit courts took the place of the county courts which
had met once a month. It brought an end to the old picturesque
court days, when the citizens of the country-side met
to swap horses or yarns, to discuss crops and politics, and to
hear the latest speeches of their political representatives, or
of those who aspired to office.

The constitution showed a distrust of the legislature, but
did not centralize power in the hands of the governor, since
the chief heads of executive departments are by its terms
elected by the people or appointed by the legislature.

Great economic changes of the two preceding decades
were reflected in the constitution. About a fourth of the instrument
was devoted to the regulation of large combinations
of industry and transportation. A State Corporation Commission
took the place of the old Board of Public Works established
in 1816, and reorganized from time to time, and of
the Railroad Commissioner, whose office was created in 1877.

Fully a third of the constitution is devoted to the detailed
provisions governing the nature and duties of the State Corporation
Commission. It was placed as far as possible beyond

the reach of partisan politics, and its permanence and
independence were assured. The commission, which was formally
organized on May 2, 1903, has legislative, judicial, and
executive functions. "It creates, regulates and supervises
all domestic corporations, except municipal corporations and
institutions owned by the State; and it regulates and supervises
all foreign corporations permitted to do business in the
State." It has all the characteristics and functions of a
court, and, in fact, it is a court. The Corporation Commission,
during its quarter century of existence, had widened its
range of usefulness and has amply justified its creation.

The development of transportation and industry together
with the lack of economic and social advantages of the rural
districts had caused the urban population of the State to increase
from eleven per cent of the total, in 1880, to sixteen
and one-half in 1900. As the result, Virginia, for the first
time, made constitutional provision for her cities.

The debate on the question as to whether the constitution
should be submitted to the approval of the people, or proclaimed
by the convention, was one of the longest and most
earnest of the session. Some advocated its submission to the
electorate provided for in the constitution. This would obviously
have been little more than proclamation under another
guise. To submit the constitution to the electorate as then
constituted, on the other hand, would have meant a bitter and
expensive campaign, and it might have meant even the defeat
of the constitution, and the return to the undesirable situation
of former years. It was finally decided, on May 29, 1902,
by a majority of 48 to 38 to proclaim the constitution.

The constitution was signed by all the Democratic members,
except those who were unable to be present. Only two of
the twelve Republican delegates were willing to put their signatures
to the instrument. The Republican members of the
convention voted in matters of representation and suffrage
almost solidly against any changes in the Constitution of
1868, as it then existed. Their attitude towards negro suffrage

Claude R. Swanson

Governor, 1906-1910

was in keeping with the traditions of the Republican
party in Virginia, and with the national Republican platform
of 1900, which said, "It was the plain purpose of the
Fifteenth Amendment of the Constitution to prevent discrimination
on account of race or color in regulating the elective
franchise. The devices of such [state] governments, ordered
by statutory or constitutional enactment, are revolutionary
and should be condemned."[20]

The new constitution of Virginia was remarkably conservative
in view of the conditions that had existed in the
State. Its reception at the hands of the public in the North
shows a marked change in the attitude of that section towards
the struggle of the Southern States to solve their great problem.
But there were still some voices raised in protest. The
Nation called it a "monstrous constitution." "The most preposterous
questions," it said, "which no constitutional lawyer
of eminence could answer off-hand, have been asked of
negro citizens of means, probity, and standing, when they
have sought to exercise the right of suffrage conferred upon
them by the Congress and the people of the United States.[21]
The fallacy and injustice of this statement is obvious. No
man fulfilling the common requirement of age and residence,
who had about $300 worth of property upon which he paid
taxes (that is, upon which state taxes aggregating at least one
dollar had been paid), was required to interpret the constitution
or was prevented from voting if he paid his poll tax,
whether he were white or black. And the grandfather and
understanding clauses were in force only eighteen months.

On the other hand, the Review of Reviews said, "The best
and wisest friends of the negro race are not worrying themselves
at all about new Southern franchise laws. No Southern
state has made provisions which exclude the negro of intelligence
and property."[22]

The changed attitude of thoughtful people in other parts
of the country towards this legislation was due to a better
understanding of the problem facing the South, and to more
cordial relations between the different sections. They had
come to realize that these laws were necessary for the existence
of public order, of decent and intelligent government,
upon which the welfare of the colored people themselves depended.

Fortunately, the negroes of America had at this time as
their leader, Booker T. Washington, of Virginia, a man whose
intellect, zeal, and tact, won him the respect and admiration
of men of both races and of all sections. He came into prominence
at the time when the negroes were being eliminated
from politics by legal methods in one Southern state after another.
He did much to acquaint the North with the real conditions
and needs of his people in the South, to show the
South the negro point of view, and to teach his people a new
doctrine, which most of their former leaders had ignored. He
urged that they should first make themselves fit citizens before
clamoring for the full privileges of citizenship; that material
prosperity and moral worth were essential for their true enlightenment
and power; and that practical, moral, and
manual training was what they most needed. "In my mind,"
he wrote in 1901, "there is no doubt but that we made a mistake
at the beginning of our freedom of putting the emphasis
on the wrong end. Politics and the holding of office were too
largely emphasized, almost to the exclusion of every other
interest."[23]