Part 4 (1/2)
In addition to this forced separation of the races by law, ”from the cradle to the grave,” there is yet a sadder and more deplorable separation, in the almost universal disposition to leave the negroes wholly and severely to themselves in their home life and religious life, by the white Christian people of the South, distinctly manifesting no concern in their moral and religious development.
In Georgia and the Carolinas, and all the Gulf States (except Texas, where the farm labor is mostly white) the negroes on the farms are held by a system of laws which prevents them from leaving the plantations, and enables the landlord to punish them by fine and imprisonment for any alleged breach of contract. In the administration of these laws they are virtually made slaves to the landlord, as long as they are in debt, and it is wholly in the power of the landlord to forever keep them in debt.
By section 355, of the Criminal Code of South Carolina, 1902, it is made a misdemeanor to violate a contract to work and labor on a farm, subject to a fine of not less than five dollars, and more than one hundred dollars, or imprisonment for not less than ten days, or more than thirty. It is also made a misdemeanor to employ any farm laborer while under contract with another, or to persuade or entice a farm laborer to leave his employer.
The Georgia laws are a little stronger in this respect than the laws of the other States. By section 121, of the Code of Georgia, 1895, it is provided, ”that if any person shall, by offering higher wages, or in any other way entice, persuade or decoy, or attempt to entice, persuade or decoy any farm laborer from his employer, he shall be guilty of a misdemeanor.” Again, by act of December 17th, 1901, the Georgia Legislature pa.s.sed a law making it an offense to rent land, or furnish land to a farm laborer, after he has contracted with another landlord, without first obtaining the consent of the first landlord.
The presence of large numbers of negroes in the towns and cities of the South and North can be accounted for by such laws as the above, administered by ignorant country magistrates, in nearly all cases the pliant tools of the landlords.
The boldest and most open violation of the negro's rights under the Federal Const.i.tution, was the enactment of the grand-father clauses, and understanding clauses in the new Const.i.tutions of Louisiana, Alabama, the Carolinas, and Virginia, which have had the effect to deprive the great body of them of the right to vote in those States, for no other reason than their race and color. Although thus depriving him of his vote, and all voice in the State governments at the South, in all of them his property is taxed to pay pensions to Confederate soldiers, who fought to continue him in slavery. The fact is, the franchise had been practically taken from the negroes in the South since 1876, by admitted fraudulent methods and intimidation in elections, but it was not until late years that this nullification of the amendments was enacted into State Const.i.tutions.
This brings me to the proposition that it is mainly in the enforcement, or the administration of the laws, however fair and equal they may appear on their face, that the const.i.tutional rights of negroes to equal protection and treatment are denied, not only in the South but in many Northern States. There are n.o.ble exceptions, however, of high-toned honorable gentlemen on the bench as trial judges, and Supreme Court justices, in the South, who without regard to consequences have stood for fairness and justice to the negro in their courts.
With the population of the South distinctly divided into two cla.s.ses, not the rich and poor, not the educated and ignorant, not the moral and immoral, but simply whites and blacks, all negroes being generally regarded as inferior and not ent.i.tled to the same rights as any white person, it is bound to be a difficult matter to obtain fair and just results, when there is any sort of conflict between the races. The negro realizes this, and knows that he is at an immense disadvantage when he is forced to litigate with a white man in civil matters, and much more so when he is charged with a crime by a white person.
The juries in the South almost always reject the testimony of any number of negroes if given in opposition to that of a white witness, and this is true in many instances, no matter how unreasonable or inconsistent the testimony of the white witness may be. Jurors in the South have been heard to admit that they would be socially ostracized if they brought in a verdict upon colored testimony alone, in opposition to white testimony.
Perhaps it can be best explained how the negro fares in the courts of the South by giving a few cases showing how justice is administered to him:
A negro boy was brought to the bar for trial before a police magistrate, in a Southern capital city, charged with a.s.sault and battery on a white boy about the same age, but a little larger. The testimony showed that the white boy had beat the negro on several previous occasions as he pa.s.sed on his way to school, and each time the negro showed no disposition to fight.
On the morning of the charge he attacked the negro and attempted to cut him with a knife, because the negro's mother had reported to the white boy's mother the previous a.s.saults, and asked her to chastise him. The colored boy in trying to keep from being cut was compelled to fight, and got the advantage and threw the white boy down and blacked his eyes. The magistrate on this evidence fined the negro twenty-five dollars. The mother of the negro having once been a servant for the magistrate, found courage to rise, and said: ”Jedge, yo Honer, can I speak?” The magistrate replied, ”Yes, go on.” She said, ”Well, Jedge, my boy is ben tellin' me about dis white boy meddlin' him on his way to school, but I would not let my boy fight, 'cause I 'tole him he couldn't git no jestice in law. But he had no other way to go to school 'ceptin' gwine dat way; and den jedge, dis white chile is bigger an my chile and jumped on him fust with a knife for nothin', befo' my boy tetched him. Jedge I am a po' woman, and washes fur a livin', and ain't got n.o.body to help me, and can't raise all dat money. I think dat white boy's mammy ought to pay half of dis fine.” By this time her voice had become stifled by her tears. The judge turned to the mother of the white boy and said, ”Madam, are you willing to pay half of this fine?” She answered, ”Yes, Your Honor.” And the judge changed the order to a fine of $12.50 each, against both boys.
A celebrated case in point reported in the books is, George Maury vs. The State of Miss., 68 Miss. 605. I reproduce the court's statement of the case:--”This is an appeal from the Circuit Court of Kemper County.
Appellant was convicted of murder and sentenced to imprisonment for life.
He appears in this court without counsel. The facts are briefly these: One, Nicholson, a white man, accompanied by his little son seven years old, was driving an ox team along a public road; he had occasion to stop and the oxen were driven by his son; defendant, a negro, also in an ox wagon, was going along the road in an opposite direction, and met Nicholson's wagon in charge of the little boy. It was after dark, and when the wagons met, according to the testimony of Nicholson, the defendant insultingly demanded of the boy to give the way, and cursed and abused him. Nicholson, hearing the colloquy, hurried to the scene and a fight ensued between him and Maury, in which the latter got the advantage, inflicting severe blows upon Nicholson. This occurred on Thursday, and on the following Sunday night, Nicholson, in company with eleven or twelve of his friends, rode to the farm of Maury, and after sending several of their number to ascertain if he was at home, rode rapidly into his yard and called for him. Not finding him, they proceeded to search the premises, and found several colored men shut up in the smoke house, the door of which some of the searching party had broken open. Maury, the accused, was not found there, and about that time some one called out, ”Here is George.” Some of the party then started in the direction of the cotton house from which the voice proceeded, when a volley was fired from it, and two of the searching party were killed, one of whom was the son of the former owner of the defendant, and the other a brother-in-law of Nicholson. The members of the raiding party testified that their purpose in going to the home of the defendant was merely to arrest him. It was, however, shown that Nicholson, immediately after the fight on Thursday, informed Cobb, and Cobb between Thursday and Sunday night collected the men who joined in the raid. No affidavit for the arrest of Maury had been made, and none of the party had any warrant, or made any announcement to the defendant or his family, of the object of their visit. The accused who testified in his own behalf, denied that he was at home at the time of the shooting, and says he fled before the raiding party arrived. He also contradicted Nicholson in his account of the difficulty with him, and denies that he spoke harshly to the child.” Chief Justice Campbell, in delivering the opinion of the court said, ”It is inconceivable that the crime of murder is predicable of the facts disclosed by the evidence in this case. The time and place and circ.u.mstances of the killing forbid any such conclusion as a verdict of guilty of murder.” The judgment of the trial court was reversed.
This same Chief Justice, in the case of Monroe vs. Mississippi, 71 Miss.
201, where a negro was convicted of rape, makes use of the following brave and n.o.ble language, reversing the case on the ground of the insufficiency of the evidence: ”We might greatly lighten our labors by deferring in all cases to the verdict approved by the presiding judge as to the facts, but our duty is to administer justice without respect of persons, and do equal right to the poor and the rich. Hence the disposition, which we are not ashamed to confess we have, to guard jealously the rights of the poor and friendless and despised, and to be astute as far as we properly may, against injustice, whether proceeding from wilfulness or indifference.”
The country has produced no abler jurist, nor the South no greater man than Ex-Chief Justice Campbell of Mississippi. If the counsel of such men as he and Chief Justice Garret of the Court of Civil Appeals of Texas, could obtain in the South, there would be no problem between the races.
All would be contented because justice would be administered to the whites and blacks alike.
In the administration of the suffrage sections under the new Const.i.tutions of the South by the partisan boards of registrars, the same discrimination against negroes was practiced. Their methods are of more or less interest. The plan was to exclude all negroes from the electorate without excluding a single white man. Under the Alabama Const.i.tution, a soldier in the Civil War, either on the Federal or Confederate side, is ent.i.tled to qualification. When a negro goes up to register as a soldier he is asked for his discharge. When he presents it he is asked, ”How do we know that you are the man whose name is written in this discharge? Bring us two white men whom we know and who will swear that you have not found this paper, and that they know that you were a soldier in the company and regiment in which you claim to have been.” This, of course, could not be done, and the ex-soldier who risked his life for the Union is denied the right to vote.
The same Const.i.tution provides that if not a soldier or the legal descendant of one, an elector must be of good character and understand the duties and obligations of citizens.h.i.+p under a Republican form of government. When a negro claims qualifications under the good character and understanding clauses he is put through an examination similar to the following:
”What is a republican form of government?
”What is a limited monarchy?
”What islands did the United States come into possession of by the Spanish-American War?
”What is the difference between Jeffersonian Democracy and Calhoun principles, as compared to the Monroe Doctrine?
”If the Nicaragua Ca.n.a.l is cut, what will be the effect if the Pacific Ocean is two feet higher than the Atlantic?” Should these questions be answered satisfactorily, the negro must still produce two white men known to the registrars to testify to his good character. A remarkable exception in the treatment of negroes by the registrars of Dallas county, Alabama, is shown in the following account taken from the Montgomery Advertizer:--
”An old negro barber by the name of Edward E. Harris, stepped in before the registrars, hat in hand, humble and polite, with a kindly smile on his face. He respectfully asked to be registered. He signed the application and waited a few minutes until the registrars had disposed of some other matters, and being impressed with his respectful bearing, some member of the board commenced to ask a few questions. The old man told his story in a straight forward manner. He said: ”Gentlemen, I am getting to be a pretty old man. I was born here in the South, and I followed my young master through all of the campaigns in Virginia, when Mas' Bob Lee made it so warm for the Yankees. But our luck left us at Gettysburg. The Yankees got around in our rear there, and I got a bullet in the back of my head, and one in my leg before I got out of that sc.r.a.pe. But I was not hurt much, and my greatest anxiety was about my young master, Mr. John Holly, who was a member of the Bur Rifles, 18th Mississippi. He was a private and enlisted at Jackson, Miss.
”He could not be found the first day; I looked all among the dead on the battle field for him and he was not there. Next day I got a permit to go through the hospitals, and I looked into the face of every soldier closely, in the hope of finding my young master. After many hours of searching I found him, but he was dangerously wounded. I stayed by his side, wounded as I was, for three long weeks, but he gradually grew worse and then he died. I went out with the body and saw it buried as decently as I could, and then I went back to Jackson and told the young mistress how brave he was in battle, how good he was to me, and told her all the words he had sent her, as he lay there on that rude cot in the hospital.