Article View: ga.general
Article #1316Court History/Voting Rights
From: durvash
Date: Tue, 05 Dec 2000 00:00
Date: Tue, 05 Dec 2000 00:00
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9338 bytes
Since a large part of the current election recount court procedures
seem to involve race, how historically have such courts reacted to
such questions in terms of sustaining or curtailing black voting rights?
Among other cases with similar results the Eleventh Citcuit
sustained Bleckly County's at large voting system - continuing the
tradition of making the election of a black representative from such
area immposible.
The Eleventh Circuit Court of Appeals found that
the at large voting system of Bleckly county GA is not
discriminatory because no intent to deprive Blacks of the
right to vote was evident when such system was established
in 1912. The court notes that blacks could not even vote at
such time. It is difficult to resist the conclusion that no
judge involved in such a case at such level could failt to
be aware of , or become aware, of the involved history.
Racism and discrimination so permeated the social
and political fabric that no local political act taken
escaped racial motivation. Since the federal retreat from
civil rights enforcement in the South in the 1870's in
the Hayes-Tilden compromise, a continuing battle was fought
with tacit federal approval to suppress blacks to the
greatest extent possible. Why would the court ignore such
fact unless, as evidenced by other decisions involving
race, it seeks a second coming of such era? By the court's
reasoning the act of shooting a man felled by a dozen
bullets could be claimed to not be murder-lacking intent.
Surely the man is already dead and the extra bullets were
just "insurance" and - if he twitches - why a continuing
series of bullets can be fired into him. After all the
court will rule that there was no intent to kill him with
the initial insurance shot - actions already
being taken to deprive him of life previously.
Thus those twelve bullets pumped into an unfaithful lover
discovered with another had nothing to do with intent to
commit murder after the first shot. Enforced segregation
and suppression of blacks was an issue so passionate as to
elect generations of politicians and evoke lynching and
race riot. Often mobs lynching black victims (Whites were
comparatively rarely lynched and almost never mutilated)
riddled them with bullets to the extent that the bodies
were unrecognizable. Every member of the mob could then
boast of killing. Is it truly plausible that murder and
racial discrimination escaped the court's notice of being
more motivated by inflamed passions rather than cold
reason?
Hoke Smith won the 1906 Georgia governor's campaign in a
landslide. He had found an issue which galvanized the
majority and that could be useful to the papers in
providing sell out multiple extra editions in a single day.
Indeed the aftermath of such campaign saw rioting
in Atlanta that ended only by intervention of troops after
the successful black defense of their neighborhoods and a
resulting fear by whites of reprisal. Such riot consisted
of murderous mob attacks on isolated blacks and black
downtown businesses by whites ( including on virtually the
site of the Eleventh Circuit Court) whose numbers were
swollen by rural fair visitors. Neither the unresisting
man, woman or child was spared death by such mob. Thus it
would appear that the foundations of such court rest upon
the ground stained with the spilled blood of those black
Georgia citizens it's present decisions deny were subject
to a racially discriminatory intent to deny them the vote.
Smith's campaign theme was: "Deny blacks the vote to protect
white women from black rapists". Indeed the hysteria thus
generated resulted in white women discovering non-existent
rapists under their beds and reports of attempted assaults
upon women in homes whose addresses turned out to be vacant
lots. An Editorial noted that "narrow buggy seats made it
impossible for a white woman being driven by a black
coachman to avoid touching him - making any real white man's
blood boil". Others proposed sterilization of blacks and
even genocide "if it would prevent even one such crime".
Only a fraction of the blacks lynched (including several
women and children) were even accused of rape or attempted
rape. None of the blacks killed in dozens of such pogrom
style riot attacks on black communities were accused of any
crime.
Evidently Bleckly county was the sole Georgia county to be
unaffected by the racial attitudes and activities of the
time and was so lacking in prejudice as to be unaffected by
such events. Doubtless it went completely against Hoke
Smith and denied blacks the right to vote by other means
such as a discriminatory poll tax or literacy test for
reasons totally independent of race. Adopting the at large
voting system that has made it impossible for a black
to be elected to this day was done for completely unrelated
and, unstated other cause.
Unfortunately there are no time machines (*1) which would
allow the Eleventh Circuit to visit such polling places in
realistic black face with their white wives on their arms in
the era to see just what other means might be applied to
prevent blacks from voting or enjoying rights of citizenship
freely granted whites-if they could avoid being lynched for
miscegenation (as occured) prior to being lynched for
having the insolence to attempt to vote as black men.
Perhaps then they might also observe the Bleckly lynchings
of Homer Howell (3/21,1912) or; of Peter Jambo and James
Jackson (7/15/1915) or of an unknown black in 1919
for "wild talk" or; of Aaron Harris in 1923. Nor was
Pulaski County from which Bleckly was carved in 1912 free
from the habitual lynchings of blacks across
the south of the era*. From 1890 to 1912 lynchings
were recorded in Pulaski. In 1908 one double and two triple
lynchings were recorded in Pulaski County. Where the right
to due process in matters of life and death was so subject
to repeated violation over decades based on race (when a
criminal accusation was even asserted) the court's
assertion that no intent to deny blacks the right to vote
was evident in 1912 is at best gross error and at worst
judicial dissembly.
There is a public library a block north
of such court that has Georgia newspapers on microfiche
extending well beyond the involved period. The Atlanta
Papers for September 1906 should be quite revealing.
Moreover, the Woodruff library at Clark Atlanta University
maintains a special collection on such history with a
concentration upon the Georgia area. The state of Georgia
even maintains an Archives building immediately southeast
of the gold (real) dome of the State Capital Building.
*1 Theoretically such a machine is possible but outside
human capability at this time as it involves spinning a
neutronium cylinder at high speed. A course (orbit)
could then be plotted which would bring one out before
entry. ("Massive Spinning Cylinders and the Possibility of
Global Causality Violation").
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