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 African-

Americans 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 African-

Americans 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
White Black Total
Mississippi 42 539 581

Lynchings: By Year and Race

White Black Total
1890 11 85 96
1891 71 113 184
1892 69 161 230
1893 34 118 152
1894 58 134 192
1895 66 113 179
1896 45 78 123

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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