Twentieth Century Negro Literature Part 14

An afternoon paper on the 2nd said: "The ablest address of the occasion was delivered by Capt. George T. Robinson on Abraham Lincoln. The speaker electrified the audience."

"Cap." Robinson graduated from Fisk University in 1885 and from law in Central Tennessee College, now Walden University, both of Nashville, Tenn. He is a professor of law in the university.

In 1875 he refused a seat in the Legislature of Mississippi, in order to complete his education. In 1886 he delivered the commencement address at Lane College, Jackson, Tenn.; the same year he began the publication of the "Tennessee Star"

in Nashville. In 1887 he was made a Captain in the Tennessee National Guard by Governor R. L. Taylor, In 1888 he was on the invitation committee to invite President Cleveland to Nashville and served on Gen. W. H. Jackson's staff as commander of a division in the parade. In 1893 he was a nominee on the Citizens' ticket for the city council. In 1896 he was appointed a member of the executive committee of the Negro department of the Tennessee Centennial and was chairman of the Military Committee. But the entire committee resigned before the exposition opened.

Settling in Nashville in 1886, he soon forged his way to the front and became a champion of Negro rights. Hon. George N.

Tillman says of him: "He is one of the best and ablest men of his race in the State." Bishop Evans Tyree says: "Professor Robinson is a giant physically and mentally." Mr.

Robinson's fame rests on his journalistic career.

The "Star" was regarded as one of the ablest edited Negro journals ever published. After several years of successful work for G.o.d and humanity, it consolidated with the "Indianapolis Freeman."

The "Star" made its advent in the midst of a big social scandal with a pastor of the most prominent Baptist Church in the city, the central figure. With the large following the divine had, it was not only unpopular, but dangerous to fight him, especially since he had been acquitted by the courts; and a large majority of his congregation endorsed the verdicts. The editor routed the opposition. He told the preacher that he had to quit that pulpit and leave the city.

This was the beginning of a reformation in colored society in the city which was far reaching, and brought editor Robinson into prominence. "He woke up one morning and found himself famous." His article, "A Pure Ministry," caused the reformer to be welcomed to Nashville as a Moses.

I answer this question in the negative.

There are some exceptions, but proof is too abundant to gainsay the a.s.sertion.

In the first place, all of the machinery of the law is in the hands of the white man. He is judge, jury, sheriff, constable, and policeman.

Race prejudice and antipathy so over-ride reason, that the average dispenser of justice is blinded to a sense of right, especially when a white man appears against an accused Negro. What is sop for the white man, is not always sop for the black man. As a matter of fact, the black man is discriminated against in everything in the South, and it would be unreasonable to expect the courts would do otherwise.

The presumption of law is that the accused is innocent, and that presumption stands as a witness in his favor until overcome by credible proof. But in the average court of the South, this applies to white men only. The Negro is presumed to be guilty, and the burden of proof is placed upon him to establish his innocence.

Cases have come under my observation where the accused Negro was not only tried without being represented by counsel, but on ex parte evidence, the black defendant not being permitted to testify in his own behalf or to introduce proof. These cases were not in courts of record.

The organic law of the land guarantees not only trial by jury on an indictment or presentment, but ent.i.tles the accused to be heard by himself and counsel and to introduce witnesses. In some instances, the accused is not even in court. The matter is prearranged and the imprisoned wretch is informed afterward and forced into agreeing to the "sentence," as the easiest way out of trouble. It is a rare thing now to see a Negro on a jury In the South.

Even the Federal courts are ignoring him. A white man does not consider a Negro his peer. Then from a white man's standpoint, a colored man tried by a white jury is not tried by his peers.

The Const.i.tution is violated in letter and spirit, in order that the criminal Negro may not be justly dealt with. The greater the demand to keep the convict ranks filled up, the more unjustly is the black criminal dealt with in the severity of the sentence.

The very fact that Negroes are not permitted to serve on juries, even when all the parties are black, proves that it is for the purpose of preventing justice being done the accused Negro.

One of the most popular courts in the South is the Court of Judge Lynch. This "court" comes pretty nearly voicing the sentiment of the section where it thrives and does a large business. Members of this court are summoned as jurors to try Negroes, in legal courts, and thus the mob spirit is carried into the very temple of justice and is meted out to the black criminal in the name of the law. In such cases, who could expect a just verdict? Again, the professional juror, believing his job depends on the number and severity of the convictions of Negroes, is always ready to strain a point in order to convict.

Instead of giving the accused the benefit of the doubt, he seeks to ease his guilty conscience by rapping criminal laws.

The Negro who outrages the person of a female, is worthy of death--a legal death. His crime is no less heinous because his victim is colored--the crime in either case is blacker than the hinges of midnight.

A mob composed of white men takes the ravisher of a white female and burns him at the stake or hangs him and riddles his body with bullets or dismembers his body.

In such a case the criminal is not only unjustly dealt with, for both the moral and civil laws are violated, but a great sin is committed against society, the moral sensibilities are blunted and the crime intended to be suppressed is given new impetus.

Mob violence is the violation of every penal law. The victim has no show whatever.

A mob is not composed of men who have it in their hearts to respect the rights of the victim of their fury.

This is the cause of so many innocent, inoffensive Negro men, women and children peris.h.i.+ng at the hands of mobs. Mob violence leads to the utter disregard for law and order, and increases crime, making criminals of "some of the best citizens."

There can be no such thing as dealing justly with the criminal Negro, as long as the rule is to deal unjustly with all Negroes.

For instance, take the black laws, notably the Jim Crow car laws and the infamous election laws, the most outrageous ever inflicted upon a free people. The Negro has been legislated out of the legislative halls, leaving the white man clear sailing in enacting unjust laws which discriminate against all Negroes alike, regardless of condition, culture, refinement, wealth, position or station.

The law places the mark of Cain upon him. His aspirations and ambitions must be curbed in spite of his fitness by character and training. The worthlessness of the Negro does not cause the opposition that the prosperity of the best of the race does. The legislator and const.i.tution maker aims his darts at the latter cla.s.s.

This state of affairs obtains in every Southern State; and the fact that the ballot, our only safeguard, has been taken from us, shows that the criminal Negro need not expect to be dealt with justly.

The nearest approach to fair play is to be had in the larger towns and cities of the South, and even here the chances are against the Negro.

But it will not always be thus. A change will come sooner or later.

Let us be courageous, do our best and trust in G.o.d.

FOURTH PAPER.

IS THE CRIMINAL NEGRO JUSTLY DEALT WITH IN THE COURTS OF THE SOUTH?

BY ATTORNEY J. THOMAS HEWIN.

[Ill.u.s.tration: J. Thomas Hewin.]

J. THOMAS HEWIN.

J. Thomas Hewin was born in Dinwiddie County, Va., December 24, 1871. His parents were slaves. He was left an orphan at the age of thirteen, with no knowledge even of the alphabet.

At the age of seventeen he was seized with a desire for an education. Finding no opportunity for mental improvement, he went to Richmond, Va., in 1889, where he found employment in a stone quarry. He took his books with him and studied at meal-time. In the fall he became janitor of a business college. Finding that he could do his janitor work mornings and evenings, he entered the public school of Richmond and afterward graduated from the Richmond Normal School as valedictorian of his cla.s.s.

So thrifty was Mr. Hewin, that when he graduated from school, he had a bank account of $1,375 to his credit.

He also graduated from the Boston University Law School, and after returning to his native state was admitted to the bar.

He was especially helpful to the unfortunate of his race.

He organized in Richmond the Anti-Deadly Weapon League among the young colored men of the place, for which he received the commendation of the press and people. He is a member of the Baptist Church, an ardent worker among his people, a power as an organizer and an orator of the Frederick Dougla.s.s type.

For a man of color to approach a subject of this kind, first of all, he must crucify "self." He must not imagine that he is writing to suit the whims, fancies and caprices of a single individual, but must confine himself to the pure and unadulterated truth. To discuss this question from a lawyer's point of view, that is to say, by detailed cases, would be unintelligible to an ordinary layman's mind.

Therefore, we must confine ourselves to the subject from a layman's way of understanding legal matters. The Negro occupies to-day a peculiar position in the body politic. He is not wanted in politics, because his presence in official positions renders him obnoxious to his former masters and their descendants. He is not wanted in the industrial world as a trained handicraftsman, because he would be brought into compet.i.tion with his white brother. He is not wanted in city positions, because positions of that kind are always saved for the white wardheeling politicians. He is not wanted in State and Federal offices, because there is an unwritten law that a Negro shall not hold an office. He is not wanted on the Bench as a judge, because he would have to pa.s.s upon the white man's case also. Nor is he wanted on public conveyances, because here his presence is obnoxious to white people.

But let us not lose sight of our subject which is: Is the criminal Negro justly dealt with in the courts of the South? Permit the author of this article to say that there is no section in this country where there is not some prejudice against the Negro.

Whether the Negro be tried for a crime he commits in the North or South, he will get as fair a verdict upon the law and evidence as presented in a Southern court as in the courts of any State in this Union. When we see such awful examples of brutality and inhumanity as occur in some sections of our common country against the Negro, we do not wonder that people who live in distant lands say that there can be no justice for a Negro in the Southern States. This a.s.sertion has been repeated so often, that now it is a common thing for men to say that a Negro can get no justice in the South. Yet it is important for us to note that not one of these miscarriages of justice is traceable to the partiality of the courts. They are the result of men's prejudices, who are not willing for the Negro's case to be tested upon its merits, because they know that in nine cases in ten he would be acquitted in a court of justice; and for this reason they take the law into their own hands, rather than submit it to an intelligent, cool and unprejudiced judicial body as every court is. Is there a man under heaven who would charge this state of affairs up against the courts of the South?

Certainly, no one can be found who would do it. It has been my experience in my State in the trial of criminal cases that in nine cases out of ten, the white juries are in sympathy with the poor, ignorant Negro. I think the game rule will hold good in other Southern States. When we approach the subject of criminal law, we must constantly bear in mind that the object of every criminal prosecution is twofold: (1) to reform the criminal; (2) to make an example of him, so that the public will be deterred from the commission of the same offense. It is not the severity of a criminal prosecution that deters crime, but it is the certainty of punishment, when crime is committed.

While it is true that the courts of the South as const.i.tuted, at present, give the Negro equal justice upon the law and facts of his case, yet we must bear in mind that a criminal prosecution is not ended with judgment in the courts. There are other humane principles to be put into operation, in order that the criminal may receive the benefits of his punishment. The relation of the Southern courts towards the Negro in this respect is particularly weak. Splendid examples of this may be seen in the "Convict Lease System," prevailing in the States of South Carolina, Arkansas and other Southern States.

Under this system a Negro may be convicted of a felony calling for a minimum term of imprisonment, and yet serve out a life-time in prison.

It is a system which, instead of reforming the Negro, gradually re-enslaves him. It has become such an outrage upon justice and common decency that the eyes of the civilized world are upon the United States to see how long a democratic government will tolerate such an outrage upon common justice and a defenseless people. Yet, when we, at home, begin to trace the causes of this evil, we invariably ascribe them to the courts of the South. Wrong! Wrong! The courts of the South are not legislative bodies, but judicial bodies whose function it is to interpret the laws made, and not to make laws. That right in a republic, like ours, belongs exclusively to the legislative department, and not to the judiciary. The failure on the part of the public to distinguish between the legislative and judicial branches of the government accounts in a large measure for the criticism that has been made upon the courts of the South in their dealings with the criminal Negro. It is well for us to bear in mind that a court cannot make a law, but can only confine its opinion to the law as it is. It is a well-known fact that the United States and the several States composing the same are governed by written const.i.tutions; also, that in a const.i.tutional government all laws must be uniform in their operation. Hence, no law can be made that will operate more harshly upon a Negro than upon a white man who is guilty of the same offense.

The criminal Negro naturally thinks that he is dealt with unjustly in the court. I have never seen in my practice a Negro who did not think that a white judge and a white jury were not his enemies, and that they were looking for false evidence upon which to convict him, and were not desirous of pa.s.sing upon his case on the law and evidence as presented. This, in a large measure, accounts for the enormous fees paid by Negroes to white attorneys for the simplest trouble they may get into. They believe that a white man has more influence in a court than a Negro lawyer, as though the laws were based upon favors to individuals rather than upon fixed rules of judicial construction. As for the judiciary of other States, I cannot speak, but for Virginia, I can and will say, that for the integrity of her judiciary--a fairer and more impartial set of men cannot be found in this country. Never, in my life, has anyone of them treated me amiss in their courts, nor can I point to a single case where snap judgment was meted out to a man of color, for the simple reason that he was colored. The experience of my brother members of the Bar in other States seems to tally with mine in this respect. Though I did once read of a Mississippi judge who told some colored men who had a.s.sembled in his court to listen to the trial of one of their race that this was a white man's country, and that Negroes had no business in a court room, unless there on business. Lest we forget it, we will say it now that the greatest of all virtues is charity. The numerous complaints we hear about the maltreatment of the Negro, do not come from within, but from without. They come from people who know nothing of the position we occupy in the South. They tell us that the Southern people are our enemies, that they are doing us all the harm that can be done to any people. Worst of all, our people in many instances, are silly enough to believe them--ignorant of the fact that their success depends upon making their next door neighbors their friends. The same people take this charge and lay it to the courts of justice. Shame that in a democratic government like ours a free people should be slaves to such tricksters whose only object is to create discord among a poor and defenseless people! When we hear people charging the Southern courts with treating the Negro unjustly, it reminds us of an old colored lady who was once warning a young colored man about dying in his sins. The young man wanted to know if the fire in h.e.l.l was hot. The old lady said, "Hunney de olde sinners fetch their fire wid dem." If the Negro gets a harsh verdict at the Bar in a Southern court, it is because he brings his fire with him. Just why it is that the Negro cannot see things in the same light, I do not know. It is a rule of physics that action is equal to reaction and in the contrary direction. By the side of that we can put this statement, that a man is worked upon by that which he works. The Negro, as a rule, labors under the belief that he is an object of persecution and proscription, and in turn that insane belief so works upon him that it is useless for anybody to endeavor to make him believe otherwise. There is one thing I must say before I close and that is this, that if the Negro wants to break down the great undercurrent against him in the courts of the South, he must do all in his power to establish among his own people the element of caste--a line between the good and bad. He must frown upon those who do wrong, and uphold those who do right. He must lay aside the old adage that you must never do anything against your own color. If a man is my color, and he is wrong, I am against him. If a man is my color and he is right, I am for him. Let the Negro adopt this as a maxim, and justice in the courts of the South is his, now and forever.