I. L. Purcell
ISAAC LAWRENCE PURCELL.Isaac Lawrence Purcell, the subject of this sketch, was born July 17, 1857, in Winnsboro, S. C. His father, John W. Purcell, by occupation a carpenter, was born in 1832 in Charleston, S. C., being one of the old free families.Isaac Lawrence first attended a school provided by the Episcopal Church for Colored youths. He afterwards attended the public schools of his city and, in 1871, entered Brainard Institute, Chester, S. C., where he remained one term. In 1872 he entered Biddle University at Charlotte, N. C., where he remained until in the Fall of 1873, when the color line was removed at the South Carolina University. He entered the competitive examination for the scholarship in the South Carolina University from his county, being the only Colored applicant. In the Fall of 1873 he entered the South Carolina University, where he remained until the Spring of 1877, when the act of the Legislature of the State went into effect again drawing the color line, so he with the other Colored boys had to leave.Mr. Purcell returned home, and under his father's instructions learned the carpenter's trade. He went to Palatka, Fla., in 1885, where he studied law, and was admitted to practice law in the Circuit and inferior courts October 8, 1889, and at once commenced the active work of his chosen profession at Palatka, Fla.At the first term of the Circuit Court after his admittance he represented plaintiffs in several large damage suits, two against the city of Palatka; in both he got verdict for his clients; one was appealed to the Supreme Court. He was admitted to the State Supreme Court January 19, 1891, where he has successfully represented many cases. January 19, 1897, he was admitted to the United States Circuit and District Courts, and November 8, 1901, was duly admitted to the Supreme Court of the United States. He has represented some of the most important cases coming before the courts of his State. He came to Pensacola, his present home, in February, 1899, and has by his energy and ability built up a fine and growing business.In politics he is a Republican, and has attended as a delegate every State, congressional and county convention since coming to the State, several times presided over State and congressional conventions, was for twelve years chairman of the Republican Executive Committee of his county, Putnam. For many years an alderman of the city of Palatka, Fla. In 1895 he was elected as a delegate to the Republican National Convention which convened in St. Louis, 1896. He has never held any office of profit, always honest and fearless in his opinions and his advocacy of right.His private life has always been consistent; while not a member of any religious denomination, always attends the services of the Episcopal Church; is a temperate man; is generous and kind in disposition; was married October 24, 1895, to Miss E. L. Andrews, of Orangeburg, S. C.
ISAAC LAWRENCE PURCELL.
Isaac Lawrence Purcell, the subject of this sketch, was born July 17, 1857, in Winnsboro, S. C. His father, John W. Purcell, by occupation a carpenter, was born in 1832 in Charleston, S. C., being one of the old free families.
Isaac Lawrence first attended a school provided by the Episcopal Church for Colored youths. He afterwards attended the public schools of his city and, in 1871, entered Brainard Institute, Chester, S. C., where he remained one term. In 1872 he entered Biddle University at Charlotte, N. C., where he remained until in the Fall of 1873, when the color line was removed at the South Carolina University. He entered the competitive examination for the scholarship in the South Carolina University from his county, being the only Colored applicant. In the Fall of 1873 he entered the South Carolina University, where he remained until the Spring of 1877, when the act of the Legislature of the State went into effect again drawing the color line, so he with the other Colored boys had to leave.
Mr. Purcell returned home, and under his father's instructions learned the carpenter's trade. He went to Palatka, Fla., in 1885, where he studied law, and was admitted to practice law in the Circuit and inferior courts October 8, 1889, and at once commenced the active work of his chosen profession at Palatka, Fla.
At the first term of the Circuit Court after his admittance he represented plaintiffs in several large damage suits, two against the city of Palatka; in both he got verdict for his clients; one was appealed to the Supreme Court. He was admitted to the State Supreme Court January 19, 1891, where he has successfully represented many cases. January 19, 1897, he was admitted to the United States Circuit and District Courts, and November 8, 1901, was duly admitted to the Supreme Court of the United States. He has represented some of the most important cases coming before the courts of his State. He came to Pensacola, his present home, in February, 1899, and has by his energy and ability built up a fine and growing business.
In politics he is a Republican, and has attended as a delegate every State, congressional and county convention since coming to the State, several times presided over State and congressional conventions, was for twelve years chairman of the Republican Executive Committee of his county, Putnam. For many years an alderman of the city of Palatka, Fla. In 1895 he was elected as a delegate to the Republican National Convention which convened in St. Louis, 1896. He has never held any office of profit, always honest and fearless in his opinions and his advocacy of right.
His private life has always been consistent; while not a member of any religious denomination, always attends the services of the Episcopal Church; is a temperate man; is generous and kind in disposition; was married October 24, 1895, to Miss E. L. Andrews, of Orangeburg, S. C.
First: What constitutes a court? In the South as in the North and other parts of the country, to constitute a court, there must be a judge, whose duty it is to preside over the court, a sheriff and deputies, and a State's solicitor, who looks after the interests of the State, and last, but by no means least, comes the jury, whose duty it is to discharge or pass on the innocence or guilt of the prisoner according to the law and evidence as offered; it requires all these to constitute an organized court of law.
First: The judge should be a man selected on account of his nobility of character, of heart, of soul and of mind; a man of experience and training, a man of affairs, learned in the affairs appertaining strictly to his branch, as also in literature and science; a man merciful, kind and generous, of a sterling character, temperate, though positive and unbiased by private opinion, in a word, he should be a man, the representative of justice, though not usurping that power as abiding in himself, but as the instrument of that power; whose moral character ought to be without blemish, a man whose habit, integrity, shrewd judgment and wise counsel place him above the average man, making him of the people and for the people.
Sheriffs and deputies ought to be honest and fearless, having the highest regard for the life and liberties of the people; they should be kind and generous, yet positive and fearless, ever ready to defend the life and liberties of the people, using their office only in consonance with the prescribed law in aiding the conviction of crime, but not as a means of revenging personal wrongs or injuries of the people whose color is their only sin.
The Jury: The jury ought to be composed, if possible, of men of learning, whose moral character, love of truth, unbiased by racial prejudice or private opinions, being only representatives of the people, who in the name of the people adjudge, condemn or acquit according to the evidence, not from any private opinion, but governed by such law as is made in the statement of the judge bearing upon the case given previously to their retiring; if these men of learning can not be found, as in most cases, let others who, for the above qualifications minus learning, be substituted in their stead. In the selection of the jury in the most cases they come as the most refined element of the scum and refuse of the party class, whose labor in the election of some democratic officer, can only be rewarded under these terms; being unqualified to fill even the most inferior office of their party, in a majority of cases, not even one of these is acquainted with even the lowest element of learning, and if, perchance, one can be found, he is made foreman. The Negro is never thought of, but if, perchance, one should be selected, and in such a manner is he prominent, even his color makes him conspicuous, he also is on a par with his companions; men of influence are never selected. Before I conclude with the jury may I say a word of those who select them? In most States they are selected by the county commissioners, in some by a jury commissioner. These commissioners, in most cases, are none other than tools, instruments who have no minds of their own, but like a reed before a gust of the mighty wind that blows nobody good, as serfs and pampered menials bend irrespective of that higher principle, that innate quality of man that places him above the brute creation, serving in abject slavery for the carrying out of party crime and cunning as well as subtle devices.
A court constituted of such elements as described, is an "Ideal One." One to be desired, and the only one at whose hands justice, and only that as gold refined, shall be tried, counterpoised and mete out to every man justice, in the name of Heaven and at the hands of man.
But may I ask how are our courts of the South constituted? are any two of the above qualities to be found in the most prominent of our Southern courts of criminal jurisdiction? If Diogenes of old would seek in our Southern courts for such a man, hereto, as in Greece, such an one could not be found, for truth is no longer enthroned on its sacred altar.
Having defined the true elements of which the courts of our Southland are constituted, I shall pass to consider,the manner in which theNegro is dealt with in these courts. Is the criminal Negro justly dealt with in the courts of the South? is a question that I think is more frequently asked than words can answer, language describe, or man's wisdom unravel. Our woes have gone out to the ends of the earth and, the stagnant waters can no longer contain its contaminating germs, and now, even on the other side of the globe, we hear the re-echo of our cries from this damnable cruelty wafted back to us by the zephyrs that sustain expectations impregnated with hope telling of some bright future.
What of the Negro in the sunny South? what of his rights as a citizen? what of his treatment at the bar of justice? are questions also propounded on the other side and since the trial cause of the alleged rape has been made clear, we expect and are looking forth to the dawn of a brighter future.
In our civil courts, in other words, our courts where property rights are tried, I must say, that where tenement rights are concerned, justice is meted out to the Negro even against the white man when elevated to our higher courts, this is the only sphere in which a lenient form of justice is prescribed and given the Negro. The same cannot be alleged of him when his life, his liberty, or reputation or citizenship is at stake.
Against a fellow Negro, he is in some instances protected, as against a white man, seldom, if ever. In this latter it is not justice that is the object of our courts, but the impeachment and condemnation of a fellow man, giving vent to a vindictive racial prejudice. Be the crime of the Negro ever so trivial, when against the white man, the sheriff, having to carry out the oath; the jury, their party plans; the judge, his selfish means; and, therefore, no evidence, however palpable, however substantial and convincing can shield the Negro under such instances. The skin of a white man being held sacred, cannot be violated or polluted by the touch of the Negro's hands, be it in self-defense, or in defense of his manhood, or in the defense of wife, daughter or some other female relative. On the other hand, seldom, if ever, can a white man be convicted when charged with striking a Negro, or for any insult he may offer to his wife, sister, daughter or mother; the juries being all white, they consider this no crime for a white man.
May we notice the following facts of the records of our courts; may I here testify and, without a fear of successful contradiction, that by these, as matter for the criminal statistics of the race serves no purpose.
First: Because our best citizens, the better class of our thinkingmen and the most virtuous of our people are not tried at the hands of an impartial jury, and innocence made to bear the stamp of guilt, can in no way be accounted justice; for instance, in a case of assault and battery, although the party charged is able and does prove, by legal evidence, that his actions were prompted only by resistance in self-defense, however convincing, if a white man can be found, if even he does not know anything, but can allege a negative, this unjust evidence counterpoises the balance of justice and the Negro is found guilty. If, on the other hand, larceny be charged, it is almost an impossibility even to attempt to defend, if there be a white witness against you, it being taken for granted that every Negro is a thief. Now in courts of justice according to my judgment, and according to the law, every man is presumed to be innocent until his guilt is proven beyond a reasonable doubt, by legal evidence, and such evidence must be furnished or obtained by the prosecution. But men are daily convicted in our courts, simply because they are Negroes.
In concluding, let me say, that a majority of my people labor under appalling disadvantages, but I hope that the time is not far distant when our courts will be constituted as the "Altars of Justice," the judges and their associates, as its priests, and the American citizen, be his color what it may, can come and there receive at the hands of unblemished and unspotted servants redresses for wrongs, compensation for impeached innocence and justice for his wrongs.
The time is coming when all racial prejudice shall have passed away, and when color will no longer impede our obtaining what is due us, and when the Negro will receive a fair and impartial trial before a jury of his peers; then will justice and equity rule sublime, and the Negro being protected in all his rights; his liberty, life and reputation will be held sacred, and virtue and worth will be considered; and man, the prince of God's creation will be crowned for doing justice unto man.
THIRD PAPER.
IS THE CRIMINAL NEGRO JUSTLY DEALT WITH IN THE COURTS OF THE SOUTH?
BY GEORGE T. ROBINSON, A. M., LL. B.
Capt. Geo. T. Robinson
CAPTAIN GEORGE T. ROBINSON, A. M., LL. B.George Thomas Robinson was born in Macon, Miss., January 12, 1854, of slave parents. An orphan, in 1865, he set out to fight life's battles with no one to guide and protect him. He has risen to a place of distinction—a journalist of note, a lawyer of high standing, a learned professor of law, an orator of repute, a molder of thought, and a reformer. He received his first inspiration from a remark which he heard Hon. C. S. Smith, now a bishop in the A. M. E. Church, make to a public school of which he was a pupil. It was: "A boy can make of himself whatever he has a mind to." George said to himself, "I will make speeches, too." Since that time Captain Robinson and Bishop Smith have delivered many addresses together. They spoke at the Emancipation Celebration in Nashville, 1st of January, 1892, which took place in the Representative Hall of the capitol. They were the principal speakers.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 God 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.
CAPTAIN GEORGE T. ROBINSON, A. M., LL. B.
George Thomas Robinson was born in Macon, Miss., January 12, 1854, of slave parents. An orphan, in 1865, he set out to fight life's battles with no one to guide and protect him. He has risen to a place of distinction—a journalist of note, a lawyer of high standing, a learned professor of law, an orator of repute, a molder of thought, and a reformer. He received his first inspiration from a remark which he heard Hon. C. S. Smith, now a bishop in the A. M. E. Church, make to a public school of which he was a pupil. It was: "A boy can make of himself whatever he has a mind to." George said to himself, "I will make speeches, too." Since that time Captain Robinson and Bishop Smith have delivered many addresses together. They spoke at the Emancipation Celebration in Nashville, 1st of January, 1892, which took place in the Representative Hall of the capitol. They were the principal speakers.
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 God 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 assertion.
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 entitles 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 Constitution is violated in letter and spirit, in order that the criminal Negro may not be justly dealt with. The greater the demandto 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 perishing 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 afree 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 constitution maker aims his darts at the latter class.
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 God.
FOURTH PAPER.
IS THE CRIMINAL NEGRO JUSTLY DEALT WITH IN THE COURTS OF THE SOUTH?
BY ATTORNEY J. THOMAS HEWIN.
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 class.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 Douglass type.
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 class.
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 Douglass 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 competition 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 pass 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 assertion 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 constituted, 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 notended 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 constitutions; also, that in a constitutional 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 passing 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, Icannot 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 assembled 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 hell 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 linebetween 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.
TO WHAT EXTENT IS THE NEGRO PULPIT UPLIFTING THE RACE?
BY BISHOP GEORGE WYLIE CLINTON, M. A., D. D.
Bishop Geo. W. Clinton.
BISHOP GEORGE WYLIE CLINTON, A. M., D. D.The career of Bishop George Wylie Clinton, A. M., D. D., furnishes indisputable evidence that merit wins success, and that industry, joined with native and acquired ability, cannot be denied pre-eminence. His is a story of a man, who, starting life with a definite goal in view, has allowed neither the blandishments of flattery nor the frosts of discouragement to hinder his progress; but, impressing his great personality upon all with whom he came in contact, he moved steadily forward, and is now one of the best examples of erudition, eloquence and practicability in the Negro pulpit.This remarkable man was born March 28, 1859, in Lancaster County, South Carolina. As a child he was religiously inclined and thoughtful beyond his years, and none who knew him was surprised, when at the age of ten years, he became a member of the A. M. E. Zion Church. When quite young he was sent to the public school, and afterwards to a private school where he remained until 1874, when he entered the South Carolina University. In 1876 when the Democrats succeeded in electing Wade Hampton governor, all the colored students were forced to withdraw from said university and thus, after finishing the Junior Classical year he went to Brainard Institute, Chester, S. C., from which he graduated with very high honors.Young Clinton finished his education by taking Theology, Greek and Hebrew at Livingstone College. Realizing that the urgent need of his people was education, he became a successful and conspicuous educator. For ten years, with all his energy, he was engaged in the public education of his people, being at one time Principal of Lancaster (S. C.) High School and Industrial Institute; and he held a similar position in the Howard Graded School of Union, S. C. Both of the above schools made marvelous advancement while under his management. He founded a private school at Rock Hill, S. C., out of which has come the widely known Clinton Institute. As a writer, Bishop Clinton is easily among the best which the race has produced. In his style there is wonderful richness, energy and variety. His chaste, pleasing and conservative writings made the leading papers of his State seek his contributions.He founded the A. M. E. Zion Quarterly Review, which he issued for two years with increasing success; and in 1892 he transferred it, free of debt, to the General Conference. His eminence as an editor was so pronounced that said General Conference elected him editor of the Star of Zion. During his incumbency in this office he added to his fame as a thoughtful, versatile writer, and inaugurated the plan by which the A. M. E. Zion publication was established.Naturally, his greatest fame was made in the pulpit, for he is a most eloquent man, and possesses much magnetism. Added to a most pre-possessing personality, and a sonorous but well modulated voice, the Bishop has all the graces of a finished orator, and all the charms of a deep, earnest scholar. Like Martin Luther, he intended to study law; but the Bible overshadowed Blackstone. He began to preach at twenty years of age and in 1896 was elected Bishop in the A. M. E. Zion Church.In spite of a multiplicity of duties, the Bishop finds time to serve as President of Atkinson College; and so well has he supervised and managed its affairs, that it is enjoying great popularity and is maintaining a high intellectual standing.He was married, February 6, 1901, to Miss Marie Louise Clay of Huntsville, Ala. His wife is a highly accomplished lady, and a soloist of national repute. He has one son, George William, being the issue of his former marriage to the late Mrs. Annie K. Clinton. The Bishop lives in becoming style at Charlotte, N. C., where he owns some valuable, and well-located property. His mother, for whom he has always manifested the deepest affection, makes her home with her distinguished son. Bishop Clinton is yet young; and the church and the race have every reason to hope for many more years of the distinguished services of this brilliant leader.
BISHOP GEORGE WYLIE CLINTON, A. M., D. D.
The career of Bishop George Wylie Clinton, A. M., D. D., furnishes indisputable evidence that merit wins success, and that industry, joined with native and acquired ability, cannot be denied pre-eminence. His is a story of a man, who, starting life with a definite goal in view, has allowed neither the blandishments of flattery nor the frosts of discouragement to hinder his progress; but, impressing his great personality upon all with whom he came in contact, he moved steadily forward, and is now one of the best examples of erudition, eloquence and practicability in the Negro pulpit.
This remarkable man was born March 28, 1859, in Lancaster County, South Carolina. As a child he was religiously inclined and thoughtful beyond his years, and none who knew him was surprised, when at the age of ten years, he became a member of the A. M. E. Zion Church. When quite young he was sent to the public school, and afterwards to a private school where he remained until 1874, when he entered the South Carolina University. In 1876 when the Democrats succeeded in electing Wade Hampton governor, all the colored students were forced to withdraw from said university and thus, after finishing the Junior Classical year he went to Brainard Institute, Chester, S. C., from which he graduated with very high honors.
Young Clinton finished his education by taking Theology, Greek and Hebrew at Livingstone College. Realizing that the urgent need of his people was education, he became a successful and conspicuous educator. For ten years, with all his energy, he was engaged in the public education of his people, being at one time Principal of Lancaster (S. C.) High School and Industrial Institute; and he held a similar position in the Howard Graded School of Union, S. C. Both of the above schools made marvelous advancement while under his management. He founded a private school at Rock Hill, S. C., out of which has come the widely known Clinton Institute. As a writer, Bishop Clinton is easily among the best which the race has produced. In his style there is wonderful richness, energy and variety. His chaste, pleasing and conservative writings made the leading papers of his State seek his contributions.
He founded the A. M. E. Zion Quarterly Review, which he issued for two years with increasing success; and in 1892 he transferred it, free of debt, to the General Conference. His eminence as an editor was so pronounced that said General Conference elected him editor of the Star of Zion. During his incumbency in this office he added to his fame as a thoughtful, versatile writer, and inaugurated the plan by which the A. M. E. Zion publication was established.
Naturally, his greatest fame was made in the pulpit, for he is a most eloquent man, and possesses much magnetism. Added to a most pre-possessing personality, and a sonorous but well modulated voice, the Bishop has all the graces of a finished orator, and all the charms of a deep, earnest scholar. Like Martin Luther, he intended to study law; but the Bible overshadowed Blackstone. He began to preach at twenty years of age and in 1896 was elected Bishop in the A. M. E. Zion Church.
In spite of a multiplicity of duties, the Bishop finds time to serve as President of Atkinson College; and so well has he supervised and managed its affairs, that it is enjoying great popularity and is maintaining a high intellectual standing.
He was married, February 6, 1901, to Miss Marie Louise Clay of Huntsville, Ala. His wife is a highly accomplished lady, and a soloist of national repute. He has one son, George William, being the issue of his former marriage to the late Mrs. Annie K. Clinton. The Bishop lives in becoming style at Charlotte, N. C., where he owns some valuable, and well-located property. His mother, for whom he has always manifested the deepest affection, makes her home with her distinguished son. Bishop Clinton is yet young; and the church and the race have every reason to hope for many more years of the distinguished services of this brilliant leader.
From the establishment of the gospel system the pulpit has occupied an important, unique and potential position in all things pertaining to man's well being along moral, social and spiritual lines.
It has not failed to concern itself about other affairs that tended to man's betterment. It may be stated in brief that at one time or another the pulpit has taken a deep interest and exerted a helpful, as well as a healthy influence in whatever has tended to man's highest and best welfare. Speaking of the Christian ministry, Daniel Webster on one occasion said: "The ministers of Christianity, departing from Asia-Minor, traversing Asia, Africa and Europe, to Iceland, Greenland and the poles of the earth, suffering all things, enduring all things, raising men everywhere from ignorance of idol worship to the knowledge of the true God, and everywhere bringing life and immortality to light, have only been acting in obedience to the divine instruction; and they still go forth. They have sought, and they still seek, to be able to preach the gospel to every creature under the whole heaven. And where was Christianity ever received, where were the truths ever poured into human hearts, where did its waters, springing up into everlasting life, ever burst forth, except in the track of a Christian ministry?
"Did we ever hear of an instance; does history record an instance, of any part of the globe Christianized by lay preachers or lay teachers? And descending from kingdoms and empires to cities, countries, to parishes and villages, do we not all know, that, wherever Christianity has been carried, and wherever it has been taught by human agency, that agency was the agency of the ministers of the gospel."
In the above high tribute from one of the greatest American statesmen since the Republic began its existence, we have set forth the peculiar work as well as the grand achievements of the pulpit. But as has been stated in the previous paragraph the pulpit has ever sought to uplift man on every line where his uplifting meant his highest good.
The Negro pulpit has not been an exception in the great work ofuplifting mankind, especially that part of mankind with which it is ostensibly identified. No other pulpit ever had a more difficult task or labored under greater disadvantages than the Negro pulpit. In the very beginning the Negro pulpit had the leadership and the enlightenment of the race in spiritual and intellectual knowledge thrust upon it, when it was neither qualified nor regularly organized. Despite the disability within and the disadvantages without the Negro pulpit became the pioneer in the first movements to better the condition of the race by lifting it from the degradation and disorganized state in which it was left by slavery.
In almost every effort and successful plan which have been inaugurated since the race began its life of freedom the Negro pulpit has been the prime promoter and the advance guard. When other leaders have faltered, failed or retreated, the Negro pulpit has remained steadfast and redoubled its efforts.
As is indicated in the quotation from America's greatest orator, Daniel Webster, the chief and first work of the pulpit is spiritual instruction.
As an evidence of the success of the Negro pulpit along this line the race may point to a larger percentage of Negro Christians according to population than is true of any other people in this Christian land. While it is true the Negro brought the Christian religion over from slavery as the best heritage which that cruel system bequeathed to him, it remained for the Negro pulpit to give shape, tone and organic significance to Negro Christianity.
In organizing the Negro into separate and distinctly racial societies for the conduct of religious worship and church government the Negro pulpit did a work which has given the race greater prestige and more clearly demonstrated its capabilities and possibilities than any other work which has been done by or for the race toward uplifting it. When the Negro proved his ability to organize and conduct successfully a religious denomination of great size and strength, it proved its capacity to develop and govern itself along any other line. Surely the words of the prophet in which he speaks of a people "scattered and peeled," "a nation meted out and trodden down," seem fittingly applicable to the condition of the Negro just emerged from slavery.
It was this people, thus situated, that the Negro pulpit took hold of and formed into church societies and religious denominations, which nowhave followings which number up into the hundred thousands and possess property valued at millions of dollars deeded to, and held by and for the race.
Quickly seconding the work of organization followed the work of education. Before the free school began the Negro preacher became a teacher of his people to the full extent of his ability. Those who were sufficiently qualified found employment as public school teachers, while the more progressive and better qualified began to plan for institutions of higher grade to better qualify themselves and prepare teachers and leaders for the future weal of the race.
Whether we point to Wilberforce at Xenia, Ohio, secured to the A. M. E. Church through the late lamented Bishop D. A. Payne, D. D.; Livingstone College, over which that prince of American orators and foremost of Negro educators, Dr. Joseph Chas. Price, presided, from its permanent organization to his universally mourned death; the State University; the Chief Negro Baptist School located at Louisville, Kentucky, or the scores of other schools of high grade, it is a fact beyond dispute that the Negro pulpit began the initiative and has exerted the most helpful and controlling influence since they were founded.
A majority of the college, seminary and high school presidents and principals, as well as some of the strongest members of the several faculties, are men from the pulpit or men who do double duty by serving as best they can the pulpit and schoolroom.
In politics as well as in other spheres some of the most effective work which has been done for the uplifting of the race has been done by the Negro pulpit.
To the writer's personal knowledge some of the ablest, most faithful and useful men found in the constitutional conventions, legislatures and county offices during the reconstruction period were men from the Negro pulpit.
The Rev. James Walker Hood (A. M. E. Zion), now Bishop J. W. Hood, D. D., LL. D., in the Constitutional Convention of North Carolina, in the Legislature, and as Assistant Superintendent of Education for the State, did a work which contributed not only to the uplift of the race but to the best interest of all the people of the State.
Rev. Henry McNeal Turner, D. D., LL. D. (A. M. E. Church), as legislator in Georgia, exerted an influence which is still felt in that State.
Bishop B. W. Arnett, D. D. (A. M. E.), whose efforts in the OhioLegislature secured the repeal of the "Black Laws"; Rev. D. I. Walker (A. M. E. Zion), as school commissioner and State Senator from Chester County, South Carolina; Rev. J. E. Wilson (M. E.), as school commissioner and postmaster at Florence, South Carolina; Rev. Wm. Thomas (A. M. E.), and R. H. Cain (A. M. E.), Legislator, Congressman and later Bishop; Rev. H. R. Revels (M. E.), United States Senator, whose deportment in the United States Senate and in other walks of life called forth the highest encomiums from the Southern press; Rev. Henry Highland Garnett (Presbyterian), and Rev. M. G. Hopkins (Presbyterian), and Owen L. W. Smith (A. M. E. Zion), United States Minister to the Republic of Liberia, each and all have contributed much to the uplifting of the race in the political sphere. But the Negro pulpit has not confined its efforts along the line of race organization to the religious sphere. Knowing, as every thoughtful leader and man of the race must know, that material possessions, financial standing and social combination for material well being are indispensable, the Negro pulpit has not failed to project, foster and encourage organizations of a character to benefit the race along the above lines. In Masonry the Negro pulpit has ever held a commanding influence and served a most useful purpose. The same is to some extent true in Odd Fellowship and other societies which have been helpful to the race. But the most substantial organization now operated by and for the Negro race in this country are the True Reformers, Galilean Fishermen and Birmingham, Alabama, Penny Savings Bank.
The well-known and much lamented Rev. Wm. W. Brown (M. E.), C. C. Steward (A. M. E. Zion), W. R. Pettiford (Baptist), were the chief factors in founding and firmly establishing these healthy and helpful race institutions, which are still doing a thriving and widening business which is not only uplifting the race but benefiting the community at large. The Hale Infirmary, established by the widow of the late Elder Hale (A. M. E. Zion), of Montgomery, Alabama, in compliance with the expressed wish of her husband while living; the Orphanages of Charleston and Columbia, South Carolina, established and now being managed by Revs. Jenkins and E. A. Carroll (Baptist), in the above cities; also the Orphanage at Oxford, North Carolina, established by ministers of the Baptist Church, according to information obtained by the writer; the Episcopal Industrial School of Charlotte, North Carolina, founded by Rev. P. P. Alston (Episcopal), are but a few of the many ways in whichthe Negro pulpit is uplifting the race. In the literary sphere the Negro pulpit has made numerous and valuable contributions which stand to the credit of the race and add to American literary productions.
Bishops Payne, whose "History of the A. M. E. Church" and "Domestic Education;" B. T. Tanner's several works; Levi J. Coppin's "Key to the Bible," and "Baptized Children;" W. J. Gaines' "Negro and the White Man;" Dr. H. T. Johnson's "Logos;" Rev. Whitman's works; Rev. T. G. Steward's works; Bishop J. W. Hood's (A. M. E. Zion) "Negro in Christian Pulpit," "History of the A. M. E. Zion Church" and "Apocalypse Revealed;" Bishop J. B. Small's "Pulpiteer," "Human Heart" and "Predestination;" Dr. W. J. Simmon's (Baptist) "Men of Mark;" Bishop Holsey's (C. M. E.) sermons and addresses; Dr. C. H. Phillip's (C. M. E.) "C. M. E. Church History;" Dr. G. L. Blackwell's (A. M. E. Zion) "Model Home;" Rev. Geo. C. Lowe's (Congregational) poems; Rev. J. D. Corrother's (A. M. E. Zion) poems; Rev. W. H. Nelson's (M. E.) "A Walk With Jesus;" Dr. Alexander Crummell's (Episcopal) sermons and addresses and papers, with scores of books I can not mention for lack of space, besides others I have not seen or heard about, are contributions which cannot help but inspire and uplift the race. The greatest and most widely known race organization that is endeavoring to uplift the Negro along social lines and combat the prejudices, caste regulations and other efforts to crush out race manhood and turn back the hand in the dial plate of the Negro's progress, is the Afro-American Council, headed by that born leader of men, the eminently pious and ever aggressive race leader, Bishop Alexander Walters, D. D. (A. M. E. Zion), and his most substantial following is made up of representatives of all the Negro pulpits in America.
In the Negro Press Association the Negro pulpit is largely and ably represented and the preacher editors are doing their work well. The above brief and partial (but partial only for lack of broader information and of more space) is but a feeble testimony to what the Negro pulpit is doing toward uplifting the race.
In the religious sphere the Negro pulpit stands out in bold prominence as the chief agency in the work of uplifting the race. In organizing and perpetuating existing organizations the Negro pulpit now, as before, leads all other agencies.
In the work of education the progressive pulpit is always a patron and supporter, as well as a workman which needeth not to be ashamed.
In the endeavor to constrain the people to a settled condition, instill the principles of Christianity in all the affairs of life, and promote peace and harmony between man and man, regardless of race, the Negro pulpit is doing a work which is ever adding new stones to the grand building of race progress and influence. I know no single agency which is accomplishing so much in the task of uplifting the race as the Negro pulpit. What the great Negro religious and social organizations are doing, especially in such establishments as the A. M. E. Zion, A. M. E. and Baptist Publication establishments at Charlotte, North Carolina; Philadelphia, Pennsylvania; Nashville, Tennessee, and Jackson, Tennessee, is due largely to the management and business skill of the Negro pulpit. Now as in the past the Negro pulpit constitutes the true leadership of the race.
Having been the pioneer in almost every race uplifting enterprise it will ever heartily co-operate with those who have come along in the paths blazed out by the Negro pulpit until the race shall take its place among the foremost peoples of the earth in every good work for the advancement of man and for the glory of God.
SECOND PAPER.
TO WHAT EXTENT IS THE NEGRO PULPIT UPLIFTING THE RACE?
BY REV. J. B. L. WILLIAMS, D. D.