Marshall, Thurgood; and Donors, 1961, undated - 1 of 10 (supplement 1)

    PEYTON MCCRARY
PROFESSOR OF HISTORY

OEPARTMENT OF HISTC)RY
(JiTJIVERSITY OF SOUTH ALABAMA
MC)E}IL E. ALATJAMA 36688
(zos) aoo ozt<>

February 7, 1983

Ms. Lnnl Oul.nler
NMCP Legal Defense and
Educational Fund, Inc.

I0 Columbus Circle
Nev York, New York 10019

Dear Lani,

EneLosed you will find some hlehl-ights from Dianne fhompsonrs notes
on the tB75 election fraud law. She has mad.e some Ther:mofax coples of
key articles, for possible introduetion as exhibits (and for your reading
pleasure, as the ads say). I hope these quotations give you some idea
of why I am so willing to testlf) that the statute vas enaeted. with a
racially diserininatory purpose.

I will have Dianne pursue the question of how the tB?5 statute rras
enforced, that is to say, the degree to vhieh it vas used. to arrest blaeks
but not vhltes. Note that there are one or trro referenees to arrests
for el-ectlon frauds in the enclosetl notes. None of these arrests was a
result of the applleatlon of the nerr 1B?5 statute.

The easy part of the researeh has now been d.one. The enforcement
of sueh a statute is not generally reported in the newspapers, but ve may
get luctqf. I viII have Dianne }ook up the eases mentioned in the Code'
for openers, and see if ve can find further evidenee about the cases'
Beyond that, I shall have to invent a nev approaeh.

I apologlze for the long delay in summarlzins, this material for you
ln rrriting. I have been preoccupied n-ith the Sumter County ease for the
Justice Department. That trial is nerb week, so I shoulcl be better able
to work on the electlon fraud statute ln the near future.

Let me know lf you need anything further ln rrriting at thls tine.

2A SOUTH REEO AVENUE
MOBILE. A.LABAMA 36604
(eosl azg-ooas

Sincerely,

f,2,r,1(r z\
Peyt-oln McCrary



Selna Southern Argus

Nov. 13, 1B?l+, p. 3. "Not lese than one thousand fraudulent votes were cast
for the Bepublican ticket in DaIIas County."

Nov. 20,187\, p.2. "On Saturday last, Joseph H. Speed, radlcal super-
intendent of public lnstruction in Alaba.na, and rad.ieal probate Judge-elect
of Perry County, was amested in Marion for a misd.emeanor under section 99 of
the election Iaw, and as the proof is under his own hand and seal good
larryers think there is no eseape for him. His only chance is in technical
quibbles. fhe penalty for the crime ls fine anct imprisonment."

The Alaba.ma State Journal- (Republican newspaper)

Nov.. 5, 18?l+, p. 2. Journal reports that a Republican candldate named. Betts
has probably been defeated in the third congressional- district, thanks to
illegal voters (vhite, presunably) crossing the Georgia state line to vote
for his Democratic opponent. fhe Journal also contends that in Russell
County at least 1,000 Republican voters were kept fron the polIs by illegal
ehallengers on election day.

Nov. 7, 187\, p. 2. DB'{OCRATIC SENTIMENT. From the Opelika Observer.
Whites in Opelika took possession of the ballot box, vhich at the time vas
crovd.ed. with Negroes from Georgia. (See the conflicting account on Nov. ,)



Mobile Daily Reglster

March 6, 1875, p. 1. LErrrn FRoM MoNTGoMERY. Rep. James Greene cited.
the election fraud bill as more evid.enee of "the proscription of Republicans
in the State.rr He also contended that having one box for fed.eral elections
and another for state electlons was d.esigned to confuse black voters.
(Greene is a black legislator. )

Leter' during the cFmpaign to call a new constititional convention (vhleh
succeed'ed), the Demoeratic and Conservative Executive Conmittee of Alabama
includ.ed. the following comrnent ln its Add.ress to the voters:

July 23,_1875, p. 3. "You may obJect to having to vote
precinct/, but there can be no fair electlon in the Black
and. ln your general elections d.o you desire to be cheated.
of'cendictates of your choiee by fraudulent voting?'r

in a beat /etection
BeIt rrithout that,
out of the eLection



Mobile Daily Register

Jan. 9, 187r, p. 2. wHrrE'|s ELECTToN BILL. "rt is undoubtedly the purpose
of'the Alaba.ma legislature to enact an Election Lav vhich will prevent
hereafter the great fraud.s vhich have been committed with the negro vote.
The voter wt1I hereafter be eompelled to vote ln the precinet in vhlch he
resides, in ord.er that it may clearly be known that he is a legal voter, and
to prevent the.lntimidation and terrorism to vhich he is. subJected by the
carpetbaggers /sic3!/, vho hold their League and National Guard. meetings at
the county seats. I.Ie intend to break up the practice under vhich the
ad'venturers have collected their dupes at the country churches, narched them
in arned, bod.ies to the county seat, praced. tickets in their ha^nd.s, and
lustructed then hor to vote."

Jan. 17, 1875, p. 1. LETTBR FROM MoNTGollmRY. "The negroes opposed, a suspension
of the rules in a number of cases, ln ord.er that bil-Is rnight, not go to a second.
reading. . . . Any bills affecting the conduet of eleetions in any 1oca1lty
or the agricultural interests of the state, or punishment for the commission
of a erime, invariably neet wlth obJeetions."

Jan. 28, 1BTr. ELECTToN LAw. "Mr. cobb has lntroduced in the senate a
general election bil1, with many changes from the present lav. " Among the
changes sunmarized are the requirement that voters east ballots only in
the vard vhere they reside, a provision allowlng any quallfied voter to
challenge anotherrs right to vote at the polls, the elininatlon of "obnoxious
features about lntimid.ation, simulation of balrots, etc.r" and a provision
giving election officials free rein to stuff batlot boxes, vhich reads as
follovs: "The ballots are retalned by the inspectors in the several vards
or precincts, and only the certiflcates and, poll lists are forward.ed. to the
Probate Judge, vho . shaLl open and count the returns."

Jan.29,lB75, p. L. BY TELEGMPH FRoM MoNTGol'8RY. In the House Datus Coon
of Selma introduced a bilL to enforce the rlght to vote ln Alabama by
regulating punishments of voters for election fraud.. (fn other vord.s, the
Republicans clearly sav the election fraud bill sponsored by the Demoerats --
the one whi.ch passed and. und.er vhlch Ms. tsoseman and Ms. Wilder vere found
gullty -- as a partisan statute which vas likely to be enforced in a raclally
dlscriminatory manner. )

Feb 7 , lB'f5, , p. lt. LI,II'TUR I'ROM MONTCoMinY. cornmittee on },rivire54es
and Electlons reports a new verslon of the electlon blll, lncludlng a.rnong
other changes a new sectlon 38: "that any person votin6l more than once is
gullty of a felony."

F'eb. 2'i', 18?5, p. 1.. LlIl'TllR I'llOM MON'tCoMEliY. 'l'he r-lr:bate over l,he l'raurl-
ulent votlng btII ln the llouse lncludcs "vlolenl, oppositlon from t,he liu.cllcal
members." Among other issues, Rep. Coon argued that "the bill woutd
prevent the free exerclse of the bal.lot in that negroes would be influenced
and lntinldated by their enployers who vote in the sarne precinct with them,
while this vould not be the case if they were a-ILowed to go in a body to
such points as they preferred.."



Mobile Dally Register

Noy. 3, 187\, p. 2. 'Ve warn the fraudulently registered negroes that they
are marked.; that there is a tllfferenee between registering and voting, and,
in.voting ilIegaIIy they viI1 go fron the po1Is to prtson."

Nov. l+, IB?h, p. 1. THX ELECTION. The Register reporbs 300 "frauclulent
votes po11ed by Negroes who escaped being arrested.," but also notes that
l+0-50 Negroes were imprisoned. forttrepeating." Among these were 2 or 3
ttcoLoredt' U. S. Deputy Marsha1s.

Nov. 5, 187\, p. 1. THE COURTS. "A negro named Henry Wil1ia.ns was
amaigned. for llIegaI voting."

Nov. ?, 187L, p. 1. The charges of illegal voting against Henry Wiltiams
vere d.ropped for lack of evid.eace.

Nov. 1L, lBTl+, p-. 2. OUR CONGRESSIONAL DISTRICT. "The apparent vote for
Jere Haralson /a black Republica/ i" this congressional distrlct is 19,55L.
The vote for l,tr. Bromberg /white Republican Frederlek Bromberg of the
"Bromberg letterr'/ is 15,953. This gives Jere an apparent maJorlty of
2,198. The vot6 for Haralson ls evid.ently fraud.ulent."

Nov. 20, 1871+, p. 2. The Register mentions a Mobile voter registration lav
designed. to prevent voter fraud Fhis refers to a portion of the statute that
also included the first unequivocal provision for at-Iarge electlons for the
Mobile city government).

Nov. 29, l8?lt, p.2. Rep. Anderson ( ?) spoke in the House in favor of
the bill regulating municipal elections in Mobile. He said the bill vas
lntended to rid the people of Mobile of "the notorious and. admltted frauds
ln public elections and the riisorders, demoralizatlon, and other great
evils flowlng from sueh frauds.'t Existing lavs dld not penalize election
fraud in Mobile, he contended, add.ing that state election lavs in general
vere ln need of revision to deal with thls problern.

Dec. 2, 18?h, p. I. OUR MONTC,OMERY LETTER. "It is sald that the Radicals
have determlned in caueus to vote against prolon65ing the session, whieh, if
true, vi11 . . prevent the pessage of an electlon law and revenue 14w."

Dec. 6, 18?l+, p. 2. PREPARE FOR ACTION. ,Uncler the nev nunicipal election
Iav for Mobile, elections vere to be held vithin a fev days, prompting the
Register to urge vhite men t'und.er the banner of the rDemoeratic and Conserva-
tive organization"' to be "true to tfieir colorst' and vrest clty government
t'from the ha.nd.s of the nergoes and ballot-box stuffers."

Dee. 15, 187[, p. \. From Montgomery. In reference to the Mobile clty
election (previously held), Datus Coon, a vhite Republican from Da1las County,
presented a petltion from a Mobile Republican, "stating that Ir000 colored.
Republieans ln the Seventh Ward. vere disfranchised under the new election
lav.t' The eommunication from Mobile included the charfle that "the registratlon
rras conducted sl-only by design, and that voters couldnrt register.'r The
author of the eommunicatlon, one Ben Lane Posey, asked Rep. Coon to introduce
a bill correcting thls sltuation if Mr. Anderson (from Mobile) vould not.



Montgomery Daily Ad.vertiser

Nov.. 11, I87\, p. I. "The lst Distriet remains in
stuffed I,000 fraudulent votes ln an obseure box of

Nov. 25, lBTl+ , P. 2. "Russe1l, a Tuskaloosa negro,
election there iI1egaIly, has been tried, convicted.,
penitentiary for two years.t'

MATCh 3, 187', P. 2. ALABAMA LEGISLATURE.
the election fraud. bill by e white Democrat
who says:

doubt. The Negroes
Dallas County."

vho voted. in the last
and sentenced to the

The following is a defense of
named. Jerrell (t) or Ferrell (?)

Dec. 12, 187h, p. 1. From the Florenee Journal. "The present legislature
oves it to the good of the eomronvealth to enact a lay looking to the
suppression of illegal votlng. A lav shouJ-d be passed allowing no man
to vote save in his ovn precinct. Under the existlng Iaws, enacted in the
interest of the Radical party, the nergoes can easily follow the teachings
of Boss Speneer lir. S. Sen. George Spencer, a Republican/ -- 'to vote early
and vote often. I Should. a 1aw as ve have suggested be passed., the negroes
rould. most probably be knorn to the challengers. Such a 1aw, curtailing
or dbrictging the rights and privileges of none, vould. be highly satisfactory
to the friend.s of good government throughout the state."

"It is an established fact that a vhlte man eannot easily vote more
than once at one electlon -- they are generally known -- they do not
a1l- look alike, and., in many cases, for the past ten years, courtsrnot of
their oun selection vere only too glad to trump up such charges."

March 5, LBT5, p. 3. "Governor Houston has approved. the new election law
for the state. Good-bye to negro repeatlng and paeking of negroes around.
the courthouse on election day."