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Color Struck
TEACHING RACE AND ETHNICITY
Volume 6
Series Editor
Patricia Leavy
USA
Scope
The Teaching Race and Ethnicity series publishes monographs, anthologies and
reference books that deal centrally with race and/or ethnicity. The books are intended
to be used in undergraduate and graduate classes across the disciplines. The series
aims to promote social justice with an emphasis on multicultural, indigenous,
intersectionality and critical race perspectives.
Edited by
Lori Latrice Martin
Louisiana State University, USA
Hayward Derrick Horton
University at Albany, State University of New York, USA
Cedric Herring
University of Illinois at Chicago, USA
Verna M. Keith
Texas A&M University, USA
and
Melvin Thomas
North Carolina State University, USA
A C.I.P. record for this book is available from the Library of Congress.
“Color Struck is a very ambitious book that expands our cultural narrative
and discourse on race in America. As we become more interdependent in
a global economy it is critical to recognize and understand how the social
stratification within subgroups by skin tone is a universal variable of
oppression or upliftment. This book explores how the intersection of skin
tone and racial identity has profound effects on how minority groups are
able or not able to mobilize or coalesce around a set of key principles
that advances of black agenda. Subsequently, the lens by which we have
historically examined discrimination must be recalibrated to address the life
chances of all members of the group with variations.”
– David I. Rudder, Ph.D., Associate Dean, School of Professional and
Continuing Studies, Springfield College
Acknowledgmentsxi
Introductionxiii
Lori Latrice Martin
1. Race, Skin Tone, and Wealth Inequality in America 1
Cedric Herring and Anthony Hynes
2. Mentions and Melanin: Exploring the Colorism Discourse
and Twitter Culture 19
Sarah L. Webb and Petra A. Robinson
3. Beyond Black and White but Still in Color: Preliminary Findings
of Skin Tone and Marriage Attitudes and Outcomes among
African American Young Adults 37
Antoinette M. Landor
4. Connections or Color? Predicting Colorblindness among Blacks 55
Vanessa Gonlin
5. Black Body Politics in College: Deconstructing Colorism and
Hairism toward Black Women’s Healing 77
Latasha N. Eley
6. Biracial Butterflies: 21st Century Racial Identity in Popular
Culture123
Paul Easterling
7. Confronting Colorism: An Examination into the Social and
Psychological Aspects of Colorism 143
Jahaan Chandler
8. How Skin Tone Shapes Civic Engagement among Black
Americans157
Robert L. Reece and Aisha A. Upton
ix
TABLE OF CONTENTS
x
ACKNOWLEDGMENTS
The editors wish to thank the following individuals and organizations for
their support in the development of Color Struck: Ifeyinwa Davis, Stephen C.
Finley, African and African American Studies at Louisiana State University,
Department of Sociology at Louisiana State University, Lee and Edith
Burns, Dari Green, Derrick Lathan, Derrick Martin, Jr., Kwando and Imani
Kinshasa, Emily and John Thornton, Linda Smith Griffin, Sidney Rand,
Alice Crowe Bell, Dorothea Swann, David and Shannon Rudder, Sonya and
Christopher Williams, Emir Sykes, Patricia Leavy, Peter de Liefde, Jolanda
Karada, and Shalen Lowell.
xi
LORI LATRICE MARTIN
INTRODUCTION
xiii
INTRODUCTION
xiv
INTRODUCTION
xv
INTRODUCTION
xvi
INTRODUCTION
e.g. skin color, hair texture, etc., are not easily identified as black in the white
imagination, including black people identifying with more than one race.
It is our hope that Color Struck satisfies our readers’ quest for greater insight
into the complexities and controversies surrounding race, multiracialism,
gender, identity, politics, civic engagement, religion, and color in an era that
purports that such things no longer matter.
xvii
CEDRIC HERRING AND ANTHONY HYNES
INTRODUCTION
The racial wealth gap in America is massive and intransigent (Brown, 2016;
Herring & Henderson, 2016; Meschede, Thomas, Mann, Stagg, & Shapiro,
2016). It tends to compound and accumulate over time and from generation
to generation (Addo, Houle, & Simon, 2016; Brown, 2016). It offers security
and protection to Whites, but puts African Americans at risk (Herring &
Henderson, 2016). Racial wealth inequality is built into the structure of
American society (Meschede, Hamilton, Muñoz, Jackson, & Darity, 2016).
The processes and mechanisms by which racial wealth inequality
operate are difficult to discern, but the effects of such inequality are readily
apparent. In particular, racial disparities in wealth provide material goods,
opportunities, resources, services, and psychological satisfactions for Whites,
and they serve to penalize African Americans by decreasing their quality of
life (Herring, Henderson, & Horton, 2014). Unlike most other indicators of
well-being, wealth epitomizes a stable gauge of well-being that signals one’s
capability to take care of both immediate and enduring needs (Keister, 2000).
Despite the growing literature on racial wealth inequality (Addo, Houle,
& Simon, 2016; Bowman, 2016; Brown, 2016; Friedline & West, 2016;
Kijakazi, 2016; Zaw, Hamilton, & Darity, 2016), the sources of racial wealth
disparities remain elusive (Herring & Henderson, 2016). One under-studied
explanation of racial differences in wealth is colorism—the discriminatory
treatment of individuals falling within the same “racial” group on the basis
of skin color (Herring et al., 2004). Colorism–much like the notion of race
itself–is historically contingent and based on supremacist assumptions.
In the United States, the ranking of people on the basis of the skin
complexion and phenotypes has been linked to financial well-being (Hughes
& Hertel, 1990; Telles & Murguia, 1990; Keith & Herring, 1991; Hunter,
2002; Goldsmith, Hamilton, & Darity, 2007; Frank, Akresh, & Lu, 2010).
Generally, darker skin tones result in worse outcomes among people of color,
as people who are considered White or light are at the top of the skin color
hierarchy (Sherriff, 2001; Telles, 2004; Penha-Lopes, 2004). Similarly, those
who are dark or Black are at the bottom of the color hierarchy (Herring, 2003;
Edwards, Carter-Tellison, & Herring, 2004; Bonilla-Silva, 2004; Bailey &
Telles, 2006; Kiang & Takeuchi, 2009; Telles & Steele, 2012). These patterns
have been found to be true for African Americans (Hughes Hertel, 1990;
Keith & Herring, 1991), Latinos (Telles & Murguia, 1990; Flores & Telles,
2012), and various Asian groups (Kiang & Takeuchi, 2009). These rankings
are also true for such indicators of well-being as income (Hughes & Hertel,
1990; Keith & Herring, 1991), educational attainment (Hughes & Hertel,
1990; Keith & Herring, 1991; Herring, 2003), hourly wages (Hersch, 2006),
marital status (Edwards, Carter-Tellison, & Herring, 2004), and occupational
status (Hughes & Herring, 2013).
But do skin tone differences lead to differences in wealth? If so, do skin
tone differences yield differences in wealth for African Americans, Whites,
both, or neither? This chapter contributes to this line of inquiry. Using
nationally representative data from the 2014 General Social Survey, this
chapter asks whether skin tone is associated with wealth differences between
African Americans and Whites. It also seeks to determine whether skin tone
differences within these racial groups are linked to intraracial differences in
wealth.
LITERATURE REVIEW
2
Race, Skin Tone, and Wealth Inequality in America
These children of slave masters were often treated less harshly than darker
skinned slaves who did not possess a shared lineage with their masters. Ajani
(2014) posits that out of this process the “mulatto hypothesis” was born.
The mulatto hypothesis states that “the more White genetic substance in an
African descent person, the more fit s/he is in the social Darwinism sense”
(Ajani, 2014, p. 88). Slavery no longer exists, but economic and social
stratification still persists on the basis of skin tone.
Inequality informed by skin tone has been documented by a litany of
researchers (Bonilla-Silva, 2004; Bailey & Telles, 2006; Telles & Steele,
2012). Research consistently suggests that those with lighter complexions are
generally at the highest levels of the pigmentocracy (Sherriff, 2001; Telles,
2004; Penha-Lopes, 2004), and those who are darker are generally at or near
the bottom of the color hierarchy (Bonilla-Silva, 2004; Bailey & Telles,
2006; Telles & Steele, 2012). Harrison and Thomas (2009), for instance,
conducted a study on the effect of colorism on job selection. Their results
suggested that there was a preferential difference among Black applicants
based on their skin complexions (Harrison & Thomas, 2009).
Colorism is also present in education. Color-based advantages and dis
advantages have affected Latino, African American, and Asian students
within educational institutions (Keith & Monroe, 2016). Thompson and
McDonald (2016) highlight data from the National Longitudinal Study
of Adolescent Health (Add Health) and Adolescent Health and Academic
Achievement (AHAA) which show “significant skin-tone differences in
grade point average (GPA) both across and within racial groups, with
darker skinned tone individuals receiving significantly lower grades than
their lighter skinned tone counterparts” (Thompson & McDonald, 2016,
p. 92).
Racial groups and color categories are conceptually distinct but often
overlapping because one of the most common markers of race is skin color.
Race is an externally imposed social categorization that is applied to a group of
people thought to share social, cultural, or phenotypical traits and a common
ancestry (Omi & Winant, 1994; Golash-Boza, 2010). Racial categories are
usually understood as mutually exclusive of one another although markers
associated with race such as skin color, facial features, and hair texture fall
along continuums and can be inconsistent with each other (Smedley, 2007).
Colorism also affects new immigrants as well. Darker skinned immigrants
have been found to encounter multiple disadvantages in comparison to White
or lighter skinned immigrants (Hersch, 2006).
3
C. HERRING & A. HYNES
4
Race, Skin Tone, and Wealth Inequality in America
and Henderson (2016) document the structural and societal forces leading to the
wealth gap among Blacks and Whites in the United States (Herring & Henderson,
2016). Zaw, Khaing, Darrick Hamilton, and William Darity (2016), for their part,
examine the relationship between wealth disparities among minorities in relation to
mass incarceration in the United States. Friedline and West (2016) document how
race impacts the wealth and income status of young people seeking to be business
owners.
Some researchers have examined how skin tone directly affects wages.
Goldsmith et al. (2007), for instance, conducted a study on wage gaps
and found that darker hued people make less than their lighter skinned
counterparts in the same employment fields (Goldsmith et al., 2007).
Additional reports have focused on how race impacts home ownership.
Horton (1992), for example, examined the role of social factors and
discrimination in determining Black home ownership. The study revealed
that Blacks were less likely to be homeowners than their White counterparts
when controlling for income. This is important given the role that assets
play in determining wealth. Wealth inequality among racial groups can also
affect students in secondary education. Addo et al. (2016) reported that
Black students average more student loan debt than their White counterparts.
This leads to worse credit histories and less likelihood of home ownership
compared to their White peers. Bond et al. (2003) explored whether wealth
affects mortality rates when race is taken into consideration. They found
that lower socioeconomic standing and asset holdings affected the survival
prospects for Blacks more than for Whites.
5
C. HERRING & A. HYNES
The Sample
The 2014 General Social Survey (GSS) is a nationally representative survey
of 2,538 noninstitutionalized, English and Spanish speaking people who
are 18 years of age or older living in the United States. The GSS sample is
drawn using an area probability design that randomly selects respondents
in households across the United States to take part in the survey. The GSS
collects data on American society in order to monitor and explain trends
in attitudes and behaviors. The 2014 GSS had modules on quality of
working life, shared capitalism, wealth, work and family balance, social
identity, social isolation, and civic participation. The current analysis relies
on data from the 531 face-to-face interviews in which interviewers made
observations concerning the skin complexions of African American and
White respondents, and respondents provided information about their wealth.
The multivariate analysis is based on the 411 White and African American
respondents for whom wealth (net worth), race, and other variables in the
analysis were available. The list of variables and their operationalizations
used in the analysis are presented below.
Analysis Strategy
In order to examine racial and skin tone differences in wealth in a multivariate
context, we used Stata 13.0 to carry out quantile regression analysis. The
dependent variable is wealth or net worth. The central independent variables
are race and skin tone. In addition, the multivariate models take into
6
Race, Skin Tone, and Wealth Inequality in America
7
C. HERRING & A. HYNES
RESULTS
Summary Statistics
Our results show that the average wealth for those with the lightest skin
stone was $274,200. This compares with $103,500 for those with medium
skin tones and $123,600 for those with the darkest skin tones. The wealth
gap between those with the lightest complexions and those with medium
complexions is $170,700.
Table 1.1 presents selected characteristics of African Americans compared
with Whites. This table shows that Whites have more favorable wealth
characteristics than do African Americans on all of the variables in the analysis:
skin tone, gender, educational attainment, age, business ownership, home
ownership, and marital status. There are statistically significant differences
between Whites and African Americans on all of these variables. In short, there
are several differences between African Americans and Whites that should be
8
Race, Skin Tone, and Wealth Inequality in America
taken into consideration when making comparisons between their levels of net
worth. Our multivariate analysis takes such factors into consideration.
Table 1.2 presents results from a quantile regression model predicting
(median) wealth with race and skin tone. This model shows that, when
controlling for race, skin tone is a statistically significant factor. In particular,
this model suggests that when race is taken into consideration, those with
the darkest complexions have $140,000 less in wealth than those with the
lightest complexions. Other skin tone categories also hold less wealth than
those with the lightest complexions. For example, those with the second
lightest complexions hold $67,500 less in wealth on average. Generally,
when there are statistically significant differences, as the skin tone categories
become darker, the wealth gap between them and those with the lightest
complexions becomes larger. Note that in this model, net of skin tone, race is
not a statistically significant predictor of wealth. This model accounts for a
limited amount of the variance in wealth (1.6%). However, it is possible that
other correlates of wealth help account for skin tone differences in wealth.
Moreover, it is possible that the relationship between skin tone and wealth
differs for African Americans and Whites.
Table 1.2. Quantile regression model predicting wealth with race and skin tone
Independent variables Coefficient S.E.
Constant 125000*** (17631.10)
Lightest skin tone 0 (.)
Skin Tone 2 –67500** (24366.60)
Skin Tone 3 –85000*** (18785.50)
Skin Tone 4 –112500*** (25933.60)
Skin Tone 5 –112500** (43113.00)
Skin Tone 6 –85000 (80482.10)
Skin Tone 7 –85000 (45277.70)
Skin Tone 8 –112500*** (27825.80)
Skin Tone 9 75000 (136926.10)
Darkest skin tone –140000*** (29752.00)
Black 17500 (14700.40)
N 595
Pseudo R2 .016**
9
C. HERRING & A. HYNES
Table 1.3 presents the results from a quantile regression model predicting
wealth with race and skin tone, net of other factors and with race by skin
tone interactions. Significant interaction terms indicate that wealth is related
to a variable of interest in a fashion that is different for African Americans
and Whites. The results in Table 1.3 suggest that, net of all the factors and
interactions in the model, African Americans average $135,000 less wealth
than comparable Whites. In other words, if African Americans had the same
characteristics as Whites, there would still be a wealth gap of more than
$135,000. In addition, those with darker skin complexions have less wealth
than their lightest counterparts. Also, those African Americans who have
medium and very dark complexions have substantially less wealth than their
White and lighter complexioned counterparts.
The skin tone variable in the analysis is related to wealth differently for
African Americans and Whites. Table 1.4 illustrates this point by providing a
stratified analysis. Model 1 predicts median wealth among Whites with skin
tone, education, age, homeownership status, business ownership, marital
status, and gender. Model 2 predicts median wealth among African Americans
with the same factors. A comparison of the models, however, suggests that
these variables operate differently for African Americans and Whites. In
particular, having a medium or dark complexion is associated with more than
$90,000 less wealth among Whites; it is associated with $26,000 to $35,000
less wealth for African Americans. Being a stock owner is associated with
a $245,000 increase in wealth for Whites but a $16,154 increase in wealth
for African Americans. Similarly, business ownership is associated with a
$252,100 increase in wealth for Whites but a $84,523 increase in wealth for
African Americans. Being among the top income earners is associated with
$348,400 in wealth for Whites but $124,350 for African Americans. Being
a homeowner is associated with more than $68,000 more wealth for Whites
but less than $38,000 for African Americans. In addition, wealth increases
significantly for Whites as education and age increase, but this is not the case
for African Americans.
We examined the predicted wealth by skin tone for African Americans
and Whites. These results suggest that if African Americans and Whites were
the same on other characteristics, there would still be a $75,000 wealth gap
between African Americans and Whites with light complexions. This is in
addition to the $27,600 gap between Whites with light complexions and
those with the lightest complexions. The predicted wealth of Whites with
medium complexions drops to less than $70,000. This, however, is still more
than the predicted wealth of African Americans with medium complexions
10
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liberty and happiness of the millions composing this Union, cannot
be acknowledged. Such authority is believed to be utterly repugnant
both to the principles upon which the General Government is
constituted, and to the objects which it was expressly formed to
attain.’
“It is not pretended that any clause in the Constitution gives
countenance to such a theory. It is altogether founded upon
inference, not from any language contained in the instrument itself,
but from the sovereign character of the several States by which it was
ratified. But it is beyond the power of a State like an individual, to
yield a portion of its sovereign rights to secure the remainder? In the
language of Mr. Madison, who has been called the father of the
Constitution, ‘It was formed by the States—that is, by the people in
each of the States acting in their highest sovereign capacity, and
formed consequently by the same authority which formed the State
constitutions.’ ‘Nor is the Government of the United States, created
by the Constitution, less a Government, in the strict sense of the term
within the sphere of its powers, than the governments created by the
constitutions of the States are within their several spheres. It is like
them organized into legislative, executive, and judiciary
departments. It operates, like them, directly on persons and things;
and, like them, it has at command a physical force for executing the
powers committed to it.’
“It was intended to be perpetual, and not to be annulled at the
pleasure of any one of the contracting parties. The old Articles of
Confederation were entitled ‘Articles of Confederation and Perpetual
Union between the States;’ and by the thirteenth article it is
expressly declared that ‘the articles of this confederation shall be
inviolably observed by every State, and the Union shall be perpetual.’
The preamble to the constitution of the United States, having express
reference to the Articles of Confederation, recites that it was
established ‘in order to form a more perfect union.’ And yet it is
contended that this ‘more perfect union’ does not include the
essential attribute of perpetuity.
“But that the Union was designed to be perpetual, appears
conclusively from the nature and extent of the powers conferred by
the Constitution of the Federal Government. These powers embrace
the very highest attributes of national sovereignty. They place both
the sword and purse under its control. Congress has power to make
war and to make peace; to raise and support armies and navies, and
to conclude treaties with foreign governments. It is invested with the
power to coin money, and to regulate the value thereof, and to
regulate commerce with foreign nations and among the several
States. It is not necessary to enumerate the other high powers which
have been conferred upon the Federal Government. In order to carry
the enumerated powers into effect, Congress possesses the exclusive
right to lay and collect duties on imports, and, in common with the
States, to lay and collect all other taxes.
“But the Constitution has not only conferred these high powers
upon Congress, but it has adopted effectual means to restrain the
States from interfering with their exercise. For that purpose it has in
strong prohibitory language expressly declared that ‘no State shall
enter into any treaty, alliance, or confederation; grant letters of
marque and reprisal; coin money; emit bills of credit; make anything
but gold and silver coin a tender in payment of debts; pass any bill of
attainder, ex post facto law, or law impairing the obligation of
contracts.’ Moreover, ‘without the consent of Congress no State shall
lay any imposts or duties on any imports or exports, except what may
be absolutely necessary for executing its inspection laws,’ and if they
exceed this amount, the excess shall belong to the United States. And
‘no State shall, without the consent of Congress, lay any duty of
tonnage, keep troops or ships of war in time of peace, enter into any
agreement or compact with another State, or with a foreign power, or
engage in war, unless actually invaded or in such imminent danger
as will not admit of delay.’
“In order still further to secure the uninterrupted exercise of these
high powers against State interposition, it is provided ‘that this
Constitution and the laws of the United States which shall be made
in pursuance thereof, and all treaties made or which shall be made
under the authority of the United States, shall be the supreme law of
the land; and the judges in every State shall be bound thereby, any
thing in the Constitution or laws of any State to the contrary
notwithstanding.’
“The solemn sanction of religion has been superadded to the
obligations of official duty, and all Senators and Representatives of
the United States, all members of State Legislatures, and all
executive and judicial officers, ‘both of the United States and of the
several States, shall be bound by oath or affirmation to support this
Constitution.’
“In order to carry into effect these powers, the Constitution has
established a perfect Government in all its forms, legislative,
executive, and judicial; and this Government to the extent of its
powers acts directly upon the individual citizens of every State, and
executes its own decrees by the agency of its own officers. In this
respect it differs entirely from the Government under the old
confederation, which was confined to making requisitions on the
States in their sovereign character. This left it in the discretion of
each whether to obey or refuse, and they often declined to comply
with such requisitions. It thus became necessary, for the purpose of
removing this barrier, and ‘in order to form a more perfect union,’ to
establish a Government which could act directly upon the people and
execute its own laws without the intermediate agency of the States.
This has been accomplished by the Constitution of the United States.
In short, the Government created by the Constitution, and deriving
its authority from the sovereign people of each of the several States,
has precisely the same right to exercise its power over the people of
all these States in the enumerated cases, that each one of them
possesses over subjects not delegated to the United States, but
‘reserved to the States respectively or to the people.’
“To the extent of the delegated powers the Constitution of the
United States is as much a part of the constitution of each State, and
is as binding upon its people, as though it had been textually inserted
therein.
“This Government, therefore, is a great and powerful Government,
invested with all the attributes of sovereignty over the special
subjects to which its authority extends. Its framers never intended to
implant in its bosom the seeds of its own destruction nor were they
at its creation guilty of the absurdity of providing for its own
dissolution. It was not intended by its framers to be the baseless
fabric of a vision, which, at the touch of the enchanter, would vanish
into thin air, but a substantial and mighty fabric, capable of resisting
the slow decay of time, and of defying the storms of ages. Indeed,
well may the jealous patriots of that day have indulged fears that a
Government of such high power might violate the reserved rights of
the States, and wisely did they adopt the rule of a strict construction
of these powers to prevent the danger. But they did not fear, nor had
they any reason to imagine that the Constitution would ever be so
interpreted as to enable any State by her own act, and without the
consent of her sister States, to discharge her people from all or any of
their federal obligations.
“It may be asked, then, are the people of the States without redress
against the tyranny and oppression of the Federal Government? By
no means. The right of resistance on the part of the governed against
the oppression of their governments cannot be denied. It exists
independently of all constitutions, and has been exercised at all
periods of the world’s history. Under it, old governments have been
destroyed and new ones have taken their place. It is embodied in
strong and express language in our own Declaration of
Independence. But the distinction must ever be observed that this is
revolution against an established Government, and not a voluntary
secession from it by virtue of an inherent constitutional right. In
short, let us look the danger fairly in the face; secession is neither
more nor less than revolution. It may or it may not be a justifiable
revolution; but still it is revolution.”
The President having thus attempted to demonstrate that the
Constitution affords no warrant for secession, but that this was
inconsistent both with its letter and spirit, then defines his own
position. He says:
“What, in the mean time, is the responsibility and true position of
the Executive? He is bound by solemn oath, before God and the
country, ‘to take care that the laws be faithfully executed,’ and from
this obligation he cannot be absolved by any human power. But what
if the performance of this duty, in whole or in part, has been
rendered impracticable by events over which he could have exercised
no control? Such, at the present moment, is the case throughout the
State of South Carolina, so far as the laws of the United States to
secure the administration of justice by means of the Federal judiciary
are concerned. All the Federal officers within its limits, through
whose agency alone these laws can be carried into execution, have
already resigned. We no longer have a district judge, a district
attorney, or a marshal in South Carolina. In fact, the whole
machinery of the Federal government necessary for the distribution
of remedial justice among the people has been demolished, and it
would be difficult, if not impossible, to replace it.
“The only acts of Congress on the statute book bearing upon this
subject are those of the 28th February, 1795, and 3rd March, 1807.
These authorize the President, after he shall have ascertained that
the marshal, with his posse comitatus, is unable to execute civil or
criminal process in any particular case, to call forth the militia and
employ the army and navy to aid him in performing this service,
having first by proclamation commanded the insurgents ‘to disperse
and retire peaceably to their respective abodes within a limited time.’
This duty cannot by possibility be performed in a State where no
judicial authority exists to issue process, and where there is no
marshal to execute it, and where, even if there were such an officer,
the entire population would constitute one solid combination to
resist him.
“The bare enumeration of these provisions proves how inadequate
they are without further legislation to overcome a united opposition
in a single State, not to speak of other States who may place
themselves in a similar attitude. Congress alone has power to decide
whether the present laws can or cannot be amended so as to carry
out more effectually the objects of the Constitution.
“The same insuperable obstacles do not lie in the way of executing
the laws for the collection of customs. The revenue still continues to
be collected, as heretofore, at the custom-house in Charleston, and
should the collector unfortunately resign, a successor may be
appointed to perform this duty.
“Then, in regard to the property of the United States in South
Carolina. This has been purchased for a fair equivalent, ‘by the
consent of the Legislature of the State,’ ‘for the erection of forts,
magazines, arsenals,’ &c., and over these the authority ‘to exercise
exclusive legislation’ has been expressly granted by the Constitution
to Congress. It is not believed that any attempt will be made to expel
the United States from this property by force; but if in this I should
prove to be mistaken, the officer in command of the forts has
received orders to act strictly on the defensive. In such a contingency
the responsibility for consequences would rightfully rest upon the
heads of the assailants.
“Apart from the execution of the laws, so far as this may be
practicable, the Executive has no authority to decide what shall be
the relations between the Federal Government and South Carolina.
He has been invested with no such discretion. He possesses no power
to change the relations heretofore existing between them, much less
to acknowledge the independence of that State. This would be to
invest a mere executive officer with the power of recognizing the
dissolution of the Confederacy among our thirty-three sovereign
States. It bears no relation to the recognition of a foreign de facto
Government, involving no such responsibility. Any attempt to do this
would, on his part, be a naked act of usurpation. It is, therefore, my
duty to submit to Congress the whole question in all its bearings.”
Then follows the opinion expressed in the message, that the
Constitution has conferred no power on the Federal Government to
coerce a State to remain in the Union. The following is the language:
“The question fairly stated is, ‘Has the Constitution delegated to
Congress the power to coerce a State into submission which is
attempting to withdraw, or has actually withdrawn from the
Confederacy?’ If answered in the affirmative, it must be on the
principle that the power has been conferred upon Congress to make
war against a State.
“After much serious reflection, I have arrived at the conclusion
that no such power has been delegated to Congress or to any other
department of the Federal Government. It is manifest, upon an
inspection of the Constitution, that this is not among the specific and
enumerated powers granted to Congress; and it is equally apparent
that its exercise is not ‘necessary and proper for carrying into
execution’ any one of these powers. So far from this power having
been delegated to Congress, it was expressly refused by the
Convention which framed the Constitution.
“It appears from the proceedings of that body that on the 31st May,
1787, the clause ‘authorizing an exertion of the force of the whole
against a delinquent State’ came up for consideration. Mr. Madison
opposed it in a brief but powerful speech, from which I shall extract
but a single sentence. He observed: ‘The use of force against a State
would look more like a declaration of war than an infliction of
punishment, and would probably be considered by the party attacked
as a dissolution of all previous compacts by which it might be bound.’
Upon his motion the clause was unanimously postponed, and was
never, I believe, again presented. Soon afterwards, on the 8th June,
1787, when incidentally adverting to the subject, he said: ‘Any
government for the United States, formed on the supposed
practicability of using force against the unconstitutional proceedings
of the States, would prove as visionary and fallacious as the
government of Congress,’ evidently meaning the then existing
Congress of the old confederation.”
At the time of the delivery of this message the excitement was very
high. The extreme Southerners differed from it, in so far as it
disputed both the right of revolution and secession under the
circumstances, but quickly made a party battle cry of the denial of
the right of the National Government to coerce a State—a view which
for a time won the President additional friends, but which in the end
solidified all friends of the Union against his administration. To show
the doubt which this ingenious theory caused, we quote from the
speech of Senator Andrew Johnson, of Tennessee (subsequently
Vice-President and acting President), delivered Dec. 18th, 1860,
(Congressional Globe, page 119):—
“I do not believe the Federal Government has the power to coerce
a State, for by the eleventh amendment of the Constitution of the
United States it is expressly provided that you cannot even put one of
the States of this confederacy before one of the courts of the country
as a party. As a State, the Federal Government has no power to
coerce it; but it is a member of the compact to which it agreed in
common with the other States, and this Government has the right to
pass laws, and to enforce those laws upon individuals within the
limits of each State. While the one proposition is clear, the other is
equally so. This Government can, by the Constitution of the country,
and by the laws enacted in conformity with the Constitution, operate
upon individuals, and has the right and power, not to coerce a State,
but to enforce and execute the law upon individuals within the limits
of a State.”
Senator Jefferson Davis of Mississippi, publicly objected to the
message because of its earnest argument against secession, and the
determination expressed to collect the revenue in the ports of South
Carolina, by means of a naval force, and to defend the public
property. From this moment they alienated themselves from the
President. Soon thereafter, when he refused to withdraw Major
Anderson from Fort Sumter, on the demand of the self-styled South
Carolina Commissioners, the separation became complete. For more
than two months before the close of the session all friendly
intercourse between them and the President, whether of a political or
social character, had ceased.
The Crittenden Compromise.
CONSTITUTIONAL AMENDMENT.
Robert Toombs.
William Ezzard.
Robert W. Sims.
James P. Hambleton.
Thomas S. Powell.
S. G. Howell.
J. A. Hayden.
G. W. Adair.
R. C. Honlester.
J. J. CRITTENDEN.
S. A. DOUGLAS.