The Enforcement Act of 1870 , also known as the Civil Rights Act of 1870 or First Ku Klux Klan Act , or Force Act (41st Congress, Sess. 2, ch. 114, 16 Stat. 140 , enacted May 31, 1870, effective 1871), is a United States federal law that empowers the President to enforce the first section of the Fifteenth Amendment throughout the United States . The act was the first of three Enforcement Acts passed by the United States Congress in 1870 and 1871, during the Reconstruction Era , to combat attacks on the voting rights of African Americans from state officials or violent groups like the Ku Klux Klan .
67-555: The Wilmington insurrection of 1898 , also known as the Wilmington massacre of 1898 or the Wilmington coup of 1898 , was a municipal-level coup d'état and a massacre that was carried out by white supremacists in Wilmington, North Carolina , United States, on Thursday, November 10, 1898. The white press in Wilmington originally described the event as a race riot perpetrated by a mob of black people . In later study from
134-427: A combined effect in which black people "could not save anything", or otherwise acquire the means to own taxable property. Though they made up nearly 60 percent of the county's population, property ownership among black residents in Wilmington was rare, at just eight percent. Of nearly $ 6 million in real and personal property taxes, they paid less than $ 400,000 of this amount. And while the per capita wealth for whites in
201-475: A crime for electoral officials to fail or refuse to do their duty. The penalty for any of the crimes under these sections is a $ 500 fine or three years' imprisonment, or both, plus costs. Section 23 provides that if a person is denied election to office (except presidential or vice-presidential elector , member of Congress, or member of a state legislature) because some persons were denied the right to vote by reason of race, color or previous condition of servitude,
268-553: A highly sought-after political speaker and campaigner. He positioned himself as a representative of oppressed whites and a symbol of redemption for inflamed white voters. He had developed a reputation as "the silver tongued orator of the east" and as an "American Robespierre ". In 1898, Waddell, who was unemployed at the time, was also dealing with financial difficulty. His law practice was struggling, and his third wife, Gabrielle, largely supported him through her music teaching. The Chief of Police, John Melton, later testified that Waddell
335-711: A misdemeanor, punishable with a $ 1000 fine or imprisonment for up to a year or both. Section 18 re-enacts the Civil Rights Act of 1866 , whose constitutionality was in question until the passage of the 14th Amendment in 1868. Section 19 prohibits various forms of misconduct relating to voting; section 20 does the same for registration of voters, with the Second Enforcement Act of 1871 amending this section to add counting, certifying and announcing election results. Section 21 provides evidentiary presumptions relating to these offences. Section 22 makes it
402-529: A person's right to vote and gave federal courts the power to enforce the act. The act also authorizes the President to use the army to uphold the act and use federal marshals to bring charges against offenders for election fraud, bribery or intimidation of voters, and conspiracies to prevent citizens from exercising their constitutional rights. The act bans the use of terror, force or bribery to prevent people from voting because of their race. Other laws banned
469-577: A promise to "the large corporations": if the Democrats won, the party would not raise their taxes. In March 1898, after realizing that the Raleigh -based News & Observer and The Charlotte Observer , which represented both the liberal and conservative wings in the Democratic party, were "together in the same bed shouting 'nigger ' ", Simmons met with Josephus "Jody" Daniels , the editor of
536-607: A shortage of supplies— Confederate currency suddenly had no value and the South was impoverished following the end of the long war. In 1868, North Carolina ratified the Fourteenth Amendment to the United States Constitution , resulting in the recognition of Reconstruction policies. The state legislature and governorship were dominated by Republican officials, with the governor a white man and
603-695: A strategy for the Democrats' 1898 campaign. Both the North Carolina U.S. House of Representatives seat and seats in the North Carolina Senate were to be up for grabs. Wilmington and the adjacent New Hanover County were important in these fights. Simmons believed that in order to win, he needed an issue that would cut across party lines, moving votes from the Republican and Populist parties to Democratic Party candidates. A student of Southern political history, he knew that racial resentment
670-491: A vision for the Democrats to be the saviors—the redeemers —that would rescue the state from "tyranny". Simmons created a speakers bureau, stacking it with talented orators whom he could deploy to deliver the message across the state. One of those orators was Alfred Moore Waddell , an aging member of Wilmington's upper class who was a skilled speaker and four-time former Congressman, losing his seat to Daniel L. Russell in 1878. Waddell remained active after his defeat, becoming
737-421: Is eligible to vote in every election there, "without distinction of race, color, or previous condition of servitude". This section additionally overrides all law to the contrary. Sections 2, 3, 4, and 5 provide civil remedies for people who are disenfranchised in several different ways, and additionally makes such acts a misdemeanor: In each of the above cases, the person responsible must pay $ 500 compensation to
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#1732783912386804-461: Is not true. In North Carolina they had as fair a chance as in any other Southern State – perhaps better than any other. And here it is sad to hear their frequent boast that they own eight millions of property. This is about three percent, according to the tax list, the total of which shows an amount much less than the actual total values of the State, but this fact does not disturb the proportion between
871-424: Is thriftless, improvident, does not accumulate money, and is not accounted a desirable citizen. This sentiment was echoed even among whites who aligned politically with African-Americans, such as Republican governor Daniel L. Russell : An impression prevails that these colored people have grown greatly in wealth, that they have acquired homesteads, have become tax-payers and given great promise along these lines. It
938-509: Is up to $ 1000 fine or six months' imprisonment, or both. Section 12 authorizes fees for commissioners, district attorneys, marshals, their deputies, and clerks, in relation to process under this act, including costs of imprisonment, to be paid out of the US Treasury and recoverable from the offender on conviction. Section 13 empowers the President to authorize use of militias and the armed forces to enforce process under this act. (Such use
1005-560: Is up to $ 5000 and ten years' imprisonment. The offender is also disqualified from holding any federal office. Section 7 empowers a court convicting a person of any crime under this act to punish them for any state crime that was committed in the course of committing the crime under this act. Section 8 denies state courts jurisdiction over crimes under this act, leaving jurisdiction solely to federal district and circuit courts. Section 9 gives federal district attorneys, marshals, and deputy marshals, court commissioners, and special appointees of
1072-520: The 14th Amendment by stating that everyone in the United States has the same right to contract, sue, be a party to a case, give evidence, and benefit from the same protection of laws and be subject to the same penalties of laws, taxes etc. as white citizens. It additionally prohibits states from taxing or making other charges on immigrants that discriminate between different countries of origin. Section 17 makes such discrimination under color of law
1139-727: The Cape Fear region before the War, and influential black families such as the Sampsons and the Howes. The Ring wielded political power using patronage , monetary support, and an effective press through the Wilmington Post and The Daily Record . This shift and consolidation of power horrified white Democrats, who contested the new laws, taking their grievances to the state Supreme Court , which did not rule in their favor. Defeated at
1206-594: The News & Observer , who also had the 21-year-old cartoonist Norman Jennett (nicknamed "Sampson Huckleberry") on staff, and with Charles Aycock . The men met at the Chatawka Hotel in New Bern and began planning how to execute the Democratic campaign strategy. Simmons began by recruiting media outlets sympathetic to white supremacy, such as The Caucasian and The Progressive Farmer , which cynically called
1273-538: The South , which had been underway since the passage of a new constitution in Mississippi in 1890 which raised barriers to the registration of black voters. Other states soon passed similar laws. Historian Laura Edwards writes, "What happened in Wilmington became an affirmation of white supremacy not just in that one city, but in the South and in the nation as a whole", as it affirmed that invoking "whiteness" eclipsed
1340-414: The 20th century onward, the event has been characterized as a violent overthrow of a duly elected government by white supremacists. The coup was the result of a group of the state's white Southern Democrats conspiring and leading a mob of 2,000 white men to overthrow the legitimately elected local Fusionist biracial government in Wilmington. They expelled opposition black and white political leaders from
1407-572: The Customs House". Black professionals increasingly supported each other. For example, of the more than 2,000 black professionals in Wilmington at the time, more than 95 percent were clergy or teachers, professions where they were not shut out from competing, unlike doctors and lawyers. As black people in the area rapidly emerged into their newfound social status and progressed economically, socially, and politically, racial tensions grew. Former slaves and their children had no inherited wealth. With
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#17327839123861474-478: The Democratic stronghold in the less-populated western part of the state, which allowed the Democrats more political power through gerrymandering . The Fusionists also encouraged black citizens to vote, who constituted an estimated 120,000 Republican sympathizers. By 1898, Wilmington's key political power was in the hands of "The Big Four", who were representative of the Fusion ticket: the mayor Dr. Silas P. Wright ;
1541-421: The Democrats saw their biggest opening to begin implementing their agenda in the eastern part of the state. However, in that region, poor white cotton farmers were often more fed up with the tactics of big banks and railroad companies, who charged high freight rates and used laissez-faire economics that worked against the already impoverished South. These farmers aligned with the labor movement, with many joining
1608-462: The KKK entirely. Hundreds of KKK members were arrested and tried as common criminals and terrorists. The first Klan was more or less eradicated within a year of federal prosecution. This act consists of 23 sections, some of which have been more notable than others. Section 1 states that anyone who is qualified to vote in any election anywhere in the United States, including any "territorial subdivision",
1675-645: The People's Party (also known as the Populists ). In 1892, as the U.S. plunged into an economic depression , the Populists banded with black Republicans who shared their hardships, forming an interracial coalition with a platform of self-governance , free public education, and equal voting rights for black men, called the Fusion coalition . Republicans and Populists agreed jointly to support municipal candidates. In
1742-536: The Populists the "white man's party", while touting the party's alliance with black people. He also recruited aggressive, dynamic, and militant young white supremacists to help his effort. These publications presented black people as being "insolent", accused them of exhibiting ill-will and disrespect for whites in public, labeled them as corrupt and unjust, constantly laid claims about black men's alleged interest in white women, and accused white Fusionists allied with them of supporting "negro domination". Simmons summarized
1809-563: The President, the duty to arrest, detain, bail, and prosecute persons suspected of offences under this act. Section 10 gives marshals and their deputies the duty to execute warrants under this act, on pain of a $ 1000 penalty payable to the victim of disenfranchisement. It also gives them the power of posse comitatus , including the use of US armed forces and militia, for the purpose of enforcing such warrants. Section 11 prohibits interfering with process under this act, including obstruction, harbouring fugitives, and rescue of detainees. The penalty
1876-522: The South. By 1874, chapters of Red Shirts , a paramilitary arm of the Democratic Party, had formed in North Carolina. Democrats developed a plan to subvert home rule , seeking to have local officials appointed by the state rather than elected by the people. They began circumventing legislation by taking over the state's judiciary and adopting 30 amendments to the state constitution , which effected widespread policy changes, including lowering
1943-477: The United States; holding office contrary to such disqualification became a misdemeanor. The Enforcement Act's quo warranto provisions were repealed in 1948. However, even after that repeal, there remained a federal statute initially contained in the Confiscation Act of 1862 which made insurrection a federal crime, and disqualified insurrectionists from federal offices. Section 16 partially implements
2010-586: The White Government Union. The clubs demanded that every white man in Wilmington join them. Many good people were marched from their homes ... taken to headquarters, and told to sign. Those that did not were notified that they must leave the city ... as there was plenty of rope in the city. Coup d%27%C3%A9tat Too Many Requests If you report this error to the Wikimedia System Administrators, please include
2077-526: The acting sheriff of New Hanover County , George Zadoc French; the postmaster , W. H. Chadbourn; and businessman, Flaviel W. Fosters, who wielded substantial support and influence with black voters. The "Big Four" worked in concert with a circle of patrons—made up of about 2,000 black voters and about 150 whites—known as "the Ring". The Ring included about 20 prominent businessmen, about six first- and second-generation New Englanders from families that had settled in
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2144-476: The city's 11 restaurants, 90 percent of the city's 22 barbers, and one of the city's four fish and oyster dealerships. There were also more black bootmakers and shoemakers than white ones, one-third of the city's butchers were black, and half of the city's tailors were black. Lastly, two brothers, Alexander and Frank Manly, owned the Wilmington Daily Record , one of the few black newspapers in
2211-413: The city's economic leaders. These men, the "Secret Nine" — Hugh MacRae , J. Allan Taylor, Hardy L. Fennell, W. A. Johnson, L. B. Sasser, William Gilchrist, P. B. Manning, E. S. Lathrop, and Walter L. Parsley—banded together and began conspiring to re-take control of the city government. Around the same time, the newly elected Democratic State Party Chairman, Furnifold Simmons , was tasked with developing
2278-412: The city's port, in households as domestic servants, and in a variety of jobs as artisans and skilled workers. With the end of the war (on May 26, 1865), freedmen who lived in many states left plantations and rural areas and moved to towns and cities, not only to seek work, but also to gain safety by creating black communities without white supervision. Tensions grew in Wilmington and other areas because of
2345-516: The city, destroyed the property and businesses of black citizens built up since the American Civil War , including the only black newspaper in the city, and killed from 14 to an estimated 60 to more than 300 people. The Wilmington coup is considered a turning point in post- Reconstruction North Carolina politics. It was part of an era of more severe racial segregation and effective disenfranchisement of African Americans throughout
2412-552: The city, with many whites known to be indebted to him. In 1897, following the election of Republican President William McKinley , John C. Dancy was appointed to replace a prominent white Democrat as the U.S. collector of customs at the Port of Wilmington , at a salary of nearly US$ 4,000 (equivalent to $ 146,496 in 2023). The editor of the Wilmington Messenger often disparaged him by referring to Dancy as " Sambo of
2479-460: The collapse of the Freedman's Bank , which had a Wilmington branch, in 1874, some black residents of Wilmington lost most of their savings and as a result, many distrusted banks. The debt-slave metaphor , well-known within the community, made many residents wary of debt. In addition, credit or loans available to them were marked up in price. The annual interest rate of credit charged to black people
2546-456: The community. For example, three of the city's aldermen were black. Of the five members on the constituent board of audit and finance, one was black. Black people also served in the civic positions of justice of the peace, deputy clerk of court, and street superintendent, and as coroners, policemen, mail clerks, and mail carriers. Blacks also held significant economic power in the city. Many former slaves had skills which they were able to use in
2613-430: The county was around US$ 550 (equivalent to $ 20,143 in 2023), it was less than US$ 30 (equivalent to $ 1,099 in 2023) for black people. Despite this, affluent whites believed that they were paying taxes in a disproportionate amount given the amount of property they owned, relative to the city's black residents, who now held the political power to prevent affluent whites from changing this ratio. Additionally, there
2680-421: The details below. Request from 172.68.168.150 via cp1114 cp1114, Varnish XID 932918572 Upstream caches: cp1114 int Error: 429, Too Many Requests at Thu, 28 Nov 2024 08:51:52 GMT Force Act of 1870 The Enforcement Act of 1870 prohibits discrimination by state officials in voter registration on the basis of race, color, or previous condition of servitude. It establishes penalties for interfering with
2747-488: The elections of 1894 and 1896, in which the Republican-Populist Fusion ticket won every statewide office, including the governorship in the latter election, won by Daniel L. Russell . The Fusionists began dismantling the Democrats' political infrastructure, namely by reverting their appointed positions in local offices back to offices subject to popular elections. They also began trying to dismantle
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2814-572: The feed trough". Waddell was "hired to attend elections and see that men voted correctly". With the aid of Daniels, who would distribute racist propaganda that he later acknowledged helped fuel a "reign of terror" (i.e., disparaging cartoons of blacks) before speeches, Waddell, and the other orators, began appealing to white men to join their cause. As the fall of 1898 approached, George Rountree, Francis Winston , and attorneys William B. McCoy, Iredell Meares , John D. Bellamy and other prominent Democrats organized white supremacist clubs, as branches of
2881-457: The last decade of the 19th century, Wilmington, still the largest city in the state, continued to have a majority-black population, with 11,324 blacks and 8,731 whites in 1890. There were numerous black professionals and businessmen among them, and a rising middle class. The Republican Party was biracial in membership. Unlike in many other jurisdictions, black people in Wilmington were elected to local office, and also gained prominent positions in
2948-407: The legal citizenship, individual rights, and equal protection under the law that black Americans were guaranteed under the Fourteenth Amendment . In 1860, just prior to the outbreak of the American Civil War , the majority of Wilmington's population was black, and it was also the largest city in the state of North Carolina, with a population of nearly 10,000. Numerous slaves and freedmen worked at
3015-651: The legislature made up of both white and black people. Freedmen were eager to vote and overwhelmingly supported the Republican Party that had emancipated them and given them citizenship and suffrage. However, conservative white Democrats , who had previously dominated politics in the state, greatly resented this "radical" change, which they deemed as being brought about by black residents, Unionist " carpetbaggers ", and race traitors referred to as " scalawags ". Resentment also developed over Confederate veterans being barred from voting and holding public office in
3082-627: The marketplace. For example, several became bakers, grocers, dyers, etc., making up nearly 35 percent of Wilmington's service positions. By 1889, many black people had moved into other areas of the economy as well. They began moving out of service jobs and into other types of employment, where there was a higher demand for their work, along with higher pay. At the time, black people accounted for over 30 percent of Wilmington's skilled craftsmen, such as mechanics, carpenters, jewelers, watchmakers, painters, plasterers, plumbers, stevedores , blacksmiths , masons, and wheelwrights . In addition, they owned ten of
3149-473: The mountains to the sea will be but one word ... 'Nigger'! On November 20, 1897, following a Democratic Executive Committee meeting in Raleigh, the first statewide call for white unity was issued. Written by Francis D. Winston , it called on whites to unite and "re-establish Anglo-Saxon rule and honest government in North Carolina". He called Republican and Populist rule anarchy, evil, and apocalyptic, setting
3216-639: The number of judges on the North Carolina Supreme Court , putting the lower courts and local governments under the control of the state legislature, rescinding the votes of certain types of criminals, mandating segregated public schools, outlawing interracial relationships, and granting the General Assembly the power to modify or nullify any local government. By adopting these elements, the Democrats became identified as would-be bastions for white Americans. However, their control
3283-405: The party's platform when he stated: North Carolina is a WHITE MAN'S STATE and WHITE MEN will rule it, and they will crush the party of Negro domination beneath a majority so overwhelming that no other party will ever dare to attempt to establish negro rule here. Party leader Daniel Schenck added: It will be the meanest, vilest, dirtiest campaign since 1876. The slogan of the Democratic party from
3350-601: The person so denied is nonetheless entitled to office and may sue to recover it. Federal circuit and district courts have jurisdiction if such denial of the right to vote was the sole reason for denial of office. The act developed from separate legislative actions in the House and Senate. H.R. 1293 was introduced by House Republican John Bingham from Ohio on February 21, 1870, and discussed on May 16, 1870. S. 810 grew from several bills from several Senators. United States Senator George F. Edmunds from Vermont submitted
3417-483: The polls and in the courtroom, the Democrats, desperate to avoid another loss, became aware of discord between the Fusion alliance of black Republicans and white Populists, although it appeared that the Fusionists would sweep the upcoming elections of 1898, if voters voted on the following issues. The economic issues, on which the Fusion coalition built its alliance, included: The people are very restless. We are on
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#17327839123863484-509: The question would overwhelm all other issues. He began working with the Secret Nine, who volunteered to use their connections and funds to advance his efforts. He developed a strategy to recruit men who could "Write, Speak, and Ride". "Writers" were those who could create propaganda in the media; "speakers" were those who would be powerful orators; and "riders" were those who could ride a horse and be intimidating. He also had Tom Jarvis relay
3551-528: The race has not produced a physician or lawyer of note. In other words, the Negro in Wilmington has progressed in very slight degree from the time when he was a slave. His condition can be summed up in a line. Of the taxes in the city of Wilmington and the county of New Hanover the whites pay 96 2/3rds per cent; while the Negroes pay the remainder—3 1/3rds per cent. The Negro in North Carolina, as these figures show,
3618-411: The races. They are thirty percent of the population. After thirty years of opportunity, they have three percent of the property. True, they may claim that this is all net gain as they started with no property. But they did not start with nothing. They started with enormous advantages over whites. They were accustomed to labor. The whites were not. They had been for generations the producers of the State and
3685-614: The racist social culture in Wilmington. White supremacists were aggrieved about Fusion government reforms that affected their ability to manage and "game" (i.e., fix to their advantage) the city's affairs. Interest rates were lowered, which decreased banking revenue. Tax laws were adjusted, directly affecting stockholders and property owners who now had to pay a "like proportion" of taxes on the property they owned. Railroad regulations were tightened, making it more difficult for those who had railroad holdings to capitalize on them. Many Wilmington Democrats thought these reforms were directed at them,
3752-409: The state and reportedly the only black daily newspaper in the country. With the help of patronage and equitable hiring practices, a few black people also held some of the most prominent business and leadership roles in the city, such as carpenter and school founder Frederick C. Sadgwar. Thomas C. Miller was one of the city's three real estate agents and auctioneers, and was also the only pawnbroker in
3819-614: The state for a period after the war. Many white Democrats were already embittered by the Confederacy's defeat. Insurgent veterans joined the Ku Klux Klan (KKK) , which orchestrated violence and intimidation to deter blacks from organizing and voting. Democrats regained control of the state legislature in 1870. After the KKK was suppressed by the federal government through the Force Act of 1870 , new paramilitary groups arose in
3886-494: The verge of a revolution. God grant it may be bloodless ... You cannot stand before the tide if it turns in your direction. No living power can withstand it. In late 1897, nine prominent Wilmington men were unhappy with what they called "Negro Rule" in the city hall. As well, they were anxious of black success im the 1898 U.S. Congressional election. An editorial in a black newspaper merely expressing that some white women voluntarily chose sexual relations with black individuals ignited
3953-496: The victim, and on conviction be fined at least $ 500, and at the discretion of the court, imprisoned for a period between one month and one year. Section 6 makes it a felony for two or more persons to "band or conspire together, or go in disguise upon the public highway, or upon the premises of another", in order to violate any provision of the Act or intimidate anyone in regard to their constitutional or federal legal rights. The sentence
4020-466: The view that blacks were "moving too slow" can be found in the following excerpt from an 1898 magazine article: While thus numerically strong, the Negro is not a factor in the development of the city or section. With thirty years of freedom behind him and with an absolute equality of educational advantages with the whites, there is not today in Wilmington a single Negro savings bank or any other distinctively Negro educational or charitable institution; while
4087-574: The whites the consumers. They were accustomed to hardship and privation and patient industry. They had the muscle. If in this thirty years they have only acquired this pittance, where will they be in another thirty years considering that the advantages of their start are largely, if not entirely lost? The homes and businesses of successful African-Americans were sometimes torched by whites at night. But because black residents had enough economic and political power to defend their interests, socially, things were relatively peaceful. These dynamics continued with
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#17327839123864154-405: Was easy to inflame. He later admitted he had remembered what Populist Senator Marion Butler had written the previous year in his newspaper, The Caucasian : There is but one chance and but one hope for the railroads to capture the net [sic] legislature, and that is for the nigger to be made the issue. Simmons then decided to build a campaign around the issue of white supremacy , knowing that
4221-432: Was largely limited to the western part of the state, within counties where, demographically, there were relatively few black Americans. As the Democrats chipped away at Republican rule, things came to a head with the 1876 gubernatorial campaign of Zebulon B. Vance , a former Confederate soldier and governor. Vance called the Republican Party "begotten by a scalawag out of a mulatto and born in an outhouse". Through Vance,
4288-419: Was nearly 15 percent, compared to under 7.5 percent for poor whites, and lenders refused to let African-Americans pay off their mortgages in installments. This practice, known as "principle or nothing", positioned lenders to take over black property and businesses through forced sales. The lack of inherited wealth, limitations of access to credit, and loss of savings through federal mismanagement and fraud, created
4355-496: Was seeking an opportunity to return to prominence as a politician, in order to "lighten the burden of his wife". Waddell aligned with the Democrats and their campaign to "redeem North Carolina from Negro domination". Melton stated that Waddell, who had been out of public life for while, saw the White Supremacy Campaign as "his opportunity to put himself before the people and pose as a patriot, thereby getting to
4422-540: Was subsequently made generally illegal under the Posse Comitatus Act of 1878, unless authorized by Congress, such as in this section.) Sections 14 and 15 enforce section three of the Fourteenth Amendment to the United States Constitution , by instructing federal prosecutors to use a writ of quo warranto to remove people from government offices who were disqualified by that amendment. Reasons for such disqualification include insurrection or rebellion against
4489-399: Was tension with poor, unskilled whites, who competed with African-Americans in the job market and found their services in less demand than skilled black labor. Black people were caught between not meeting the expectations of affluent whites and exceeding the expectations of poor whites, paradoxically progressing too fast and too slow at the same time in the eyes of white residents. An example of
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