CHAPTER XIV

CRIME AND ITS PENALTIES

Sitting one night in the writing room of a country hotel in South

Carolina, a young man opposite, with a face as smooth as a baby's and as

pretty as a girl's, volunteered to tell where he had just been, a

discreditable tale. It soon developed that his business was the sale of

goods on instalments, chiefly to Negroes, and that in that little town of

Florence he had no less than five hundred and ninety transactions then

going on; that his profits were about fifty per cent on his sales; that

nineteen twentieths of the transactions would be paid up; but that

sometimes he had a little trouble in making collections.

"For instance, only yesterday," said he, "I went to a nigger woman's house

where they had bought two skirt patterns. When I knocked at the door, a

little girl came, and she says: 'Mammy ain't to home,' says she, but I

walked right in, and there was a bigger girl, who says, 'Mamma has gone

down street,' but I says, 'I know better than that, you ---- nigger!' And

I pushed right into the kitchen, and there she was behind the door, and I

walked right up to her, and I says, 'Do you think I'll allow you to teach

that innocent child to lie, you ---- nigger? I'll show you,' says I; and I

hit her a couple of good ones right in the face. She come back at me with

a kind of an undercut right under the jaw. I knew it wouldn't do any good

to hit her on the head, but I landed a solid one in the middle of her

nose; and I made those women go and get those skirts and give them up

before I left the place."

Once entered on these agreeable reminiscences, he went on in language the

tenor of which is fortified by a memorandum made at the time. "But that

isn't a circumstance to what happened three weeks ago last Tuesday.

There's a nigger in this town that bought a cravenette coat from us for

thirteen dollars and a half. It costs us about nine dollars, but he only

paid instalments of four and a half, and then, for about six months, he

dodged me; but my brother and I saw him on the street, and I jumped out of

the buggy before he could run away, and says I, 'I want you to pay for

that coat.' He had it on. He says, 'I hain't got any money.' Says it

sarcastic-like. Well, of course I wouldn't take any lip from a nigger like

that, and I sailed right in. I hit him between the eyes, and he up with a

shovel and lambasted me with the flat of it right between the

shoulder-blades, but I could have got away with him all right if his wife

hadn't have come up with a piece of board and caught me on the side; my

brother jumped right out of the buggy, and he hit her square and knocked

her down, and we had a regular mix-up. We got the coat, and when we came

away, we left the man lying senseless on the ground." "But don't those

people ever get out warrants against you?" "Warrants against me, I guess

not! I lay in bed five days, and when I got up, my brother and I swore out

warrants against the nigger and his wife. We brought them up in court and

the judge fined them forty-seven dollars, and he says to me, 'All the

fault I find with you is that you didn't kill the double adjective

nigger. He's the worst nigger in town!'"

With all allowances for the lies visibly admixed in this unpleasant tale,

it undoubtedly lifts the cover off a kind of thing that goes on every day

between the superior and the inferior races. On the one side stand the

negro customers, shiftless, extravagant, slinking away from their debts,

yet doubtless afterward puffed with pride to be able to boast that they

had a knock-down fight with a white man and were not shot; the other actor

in this drama of race hatred could not even claim to be a Poor White; he

was the son of a traveling man, had some education, was successful above

the average, and until he began to talk about himself might for a few

minutes have passed as a gentleman; yet to save a loss of less than five

dollars, and to assert his superiority of race, he was perfectly willing

to put himself on the level of the lowest Negro, and to engage in

fisticuffs with a woman.

It is not to be supposed that this thoroughgoing blackguard is a spokesman

for the whole South, or that every local court inflicts a heavy penalty

upon black people for the crime of having been thrashed by a white man.

The story simply illustrates a feeling toward the Negroes which is

widespread and potent among a considerable class of Whites; and it bears

witness also to a disposition to settle difficulties between members of

the two races by the logic of hard fists. It is a lurid example of race

antagonism.

No section of the Union has a monopoly of violence or injustice. Men as

coarse and brutal as the man encountered in South Carolina could probably

be found in every Northern city. Homicides are no novelty in any state in

the Union, and it is as serious for a Northern crowd to put a man to death

because somebody calls him "Scab" as for an equally tigerish Southern mob

to burn a Negro because he has killed a white man. The annals of strikes

are almost as full of ferocity as the annals of lynching, and it would be

hard to find anything worse than the murder, in 1907, of some watchmen in

New York City who were thrown down a building by striking workmen, who

were allowed by the police to leave the building, and were never brought

to justice.

Nevertheless, there is in the North a strong impression that crime is on a

different footing in the South; that assaults, affrays, and homicides are

more frequent; that the South has a larger crime record than seems

reconcilable with its numerous churches, its moral standards, and its

fairly good state and city governments. Light may be thrown on the problem

of race relations by inquiring whether the South is as much shocked by

certain kinds of crime and violence as the North, whether a criminal is as

likely to be tried and convicted, whether the superior race, by its

practice in such matters, is setting before the inferior race a high

standard of conduct.

Statistics indicate that in desperate crimes against the person, and

especially in murder, the South far surpasses other civilized countries,

and other parts of the United States. In London, with a population of

6,500,000, there were in a year 24 homicides; 4 of the criminals committed

suicide, and the 20 others were brought to justice. In New York City, with

about two thirds the population of London, there were 331 homicides with

only 61 indictments and 46 convictions. In the state of South Carolina,

with a population about one third that of New York City, there were 222

homicides in a year, and not a single execution of a white man.

Popular phrases and the press in the South habitually put a gloss upon

many of these crimes by calling them "duels"; but a careful study of

newspaper cuttings shows that the old-fashioned affairs of honor with

seconds and exactly similar weapons, measured distance, and the word to

fire, have almost disappeared. Nearly all the affrays in which the

murdered man is conscious of his danger are simply street fights, in which

each man lodges in the body of the other as many shots as he can before he

himself sinks down wounded. It can hardly be considered an affair of honor

when Mr. John D. Twiggs, of Albany, Ga., walks through the streets with a

shotgun loaded with buckshot, looking for Mr. J. B. Palmer, who has gone

home to arm himself.

Even this uneven kind of warfare is less frequent than the outright

assassination of one white man by another. Where was Southern chivalry

when Gonzales, the editor of the _Columbia State_, was in 1902 killed in

the open street before he could draw his pistol, by Lieutenant-Governor

Tillman of South Carolina, about whom the editor had been telling

unpleasant truths? Where do you find the high-toned Southern gentleman

when a man walks up to a total stranger, seizes him, and with the remark,

"You are the man who wanted to fight me last night," plunges his knife

into the victim's back. The newspapers are full of the shooting of men

through windows, of their disappearance on lonely roads, of the terror

that walketh by night, and the pestilence that waiteth at noonday.

Then there are the numerous murders of friend by friend, on all kinds of

frivolous occasions; a man trespasses on another man's land, goes to

apologize, and is shot; another makes a joke which his friend does not

appreciate, and there is nothing for it but pistols. The feeling that a

man must assert his dignity at the end of a revolver was revealed in New

Orleans in 1908 when Inspector Whittaker, head of the police, with five of

his men, walked into the office of the _New Orleans World_, which had

criticised his enforcement of the liquor laws, struck the editor in the

face and several times shot at him. After he had taken such pains to

vindicate the majesty of the law, it seems a hardship that his superiors

compelled the Inspector to resign. There is hardly a part of the civilized

world where homicide is so common as in the South, and the crime is quite

as frequent in the cities as in the back country. Pitched battles by white

men with policemen and with sheriffs are not uncommon; and sometimes three

or four bodies are picked up after such a fight.

In many ways this unhappy state of things is a survival of frontier

practices which once were common in the Northwest as well as in the South,

but which have nearly disappeared there as civilization has advanced; but

in the South there is a special element of lawlessness through the

Negroes. One of the few advantages of slavery was that every slaveholder

was police officer and judge and jury on his own plantation; petty

offenses were punished by the overseer without further ceremony, serious

crimes were easily dealt with, and the escape of the criminal was nearly

impossible.

Freedom, with its opportunity of moving about, with its greatly enlarged

area of disputes among the blacks, and between Whites and Negroes, has

combined with the influence of the press in popularizing crime, and

perhaps with an innate African savagery, to make the black criminal a

terrible scourge in the South. To begin with the less serious offenses,

there is no doubt that the Negro has a very imperfect realization of

property rights, partly because of the training of slavery. The vague

feeling that whatever belonged to the plantation was for the enjoyment of

those who lived on the plantation is deliciously expressed by Paul Dunbar:

Folks ain't got no right to censuah othah folks about dey habits;

Him dat giv' de squir'ls de bushtails made de bobtails fu' de rabbits.

Him dat built de gread big mountains hollered out de little valleys,

Him dat made de streets an' driveways wasn't 'shamed to make de alleys.

We is all constructed diff'ent, d' ain't no two of us de same;

We cain't he'p ouah likes an' dislikes, ef we'se bad we ain't to blame.

If we'se good, we needn't show off, 'case you bet it ain't ouah doin'

We gits into su'ttain channels dat we jes' cain't he'p pu'suin'.

But we all fits into places dat no othah ones could fill,

An' we does the things we has to, big er little, good er ill.

John cain't tek de place o' Henry, Su an' Sally ain't alike;

Bass ain't nuthin' like a suckah, chub ain't nuthin' like a pike.

When you come to think about it, how it's all planned out, it's splendid.

Nuthin's done er evah happens, 'dout hit's somefin' dat's intended;

Don't keer whut you does, you has to, an' hit sholy beats de dickens,--

Viney, go put on de kittle, I got one o' mastah's chickens.

Not so genial is the usual relation of Negro with Negro; both in town and

city there is an amount of crude and savage violence of which the outside

world knows little, and in which women freely engage. Jealousy is a

frequent cause of fights and murders; and whisky is so potent an excitant

that many competent observers assert that whisky and cocaine are at the

bottom of almost all serious negro crimes. Practically every negro man

carries a revolver and many of them bear knives or razors; hence, once

engaged in a fracas, nobody knows what will happen. A woman describing a

trouble in which a man shot her brother was chiefly aggrieved because "Two

ladies jumped on me and one lady bit me." There is constant negro violence

against the Whites, and they occasionally engage in pitched battles with

white gangs.

Here, as in so many other respects, even well-informed people run to

exaggeration. Thus President Winston, of the North Carolina Agricultural

College, declares in public that the Negroes are the most criminal element

in the population, and are more criminal in freedom than in slavery (both

of which propositions are indisputable); that "the negro is increasing in

criminality with fearful rapidity"; that "the negroes who can read and

write are more criminal than the illiterate"; that they are nearly three

times as criminal in the Northeast as in the South; that they are more

criminal than the white class, and that "more than seven tenths of the

negro criminals are under thirty years of age." This statement, like

almost all the discussions of criminal statistics, ignores the important

point that as communities improve, acts formerly not covered by the law

become statutory crimes; and hence that the more civilized a state the

more likely it is that criminals will be convicted, and the larger will be

the apparent proportion of criminals. In Connecticut are enumerated 68

white juvenile delinquents to 100,000 people, in Georgia only four, but

the Georgia boys are not seventeen times as good as their brothers in the

Northern state. It further overlooks the fact that most criminals of all

races are under thirty years of age, for crime is the accompaniment of

youth with white men as with Negroes.

To say that the Negroes furnish more than their proportion of criminals is

no more than to say that the lowest element in the population has the

lowest and most criminal members. The excessive criminality of the

Negroes, which is marked in all the states of the Union, is of course a

mark of their average inferiority, and a measure of the difficulty of

bringing them up to a high standard; and the proportion is often

exaggerated. In South Carolina where the Negroes are three fifths of the

population they furnish only four fifths of the convicts. As for the

assertion that the educated Negroes are specially criminal, the statement

is contradicted by the records of the large institutions of negro

education, and by the experience of thousands of people. Education does

not necessarily make virtue, but it is a safeguard. As a matter of fact,

white Southerners in general know little of the lives or motives of

thousands of the immense noncriminal class of Negroes, with whom they have

no personal relations; but are wide awake to the iniquities of the

educated men who fall into crime.

The experience of two centuries shows that the Negroes are not drawn to

crimes requiring previous organization and preparation; no slave

insurrection has ever been a success within the boundaries of the United

States; and blacks are rarely found in gangs of bandits. The incendiarism

of which there is now so much complaint is probably the expression of

individual vengeance. The Negroes, according to the testimony of those

nearest to them, are inveterate gamblers, and many affrays result from

consequent quarrels, so that murders may be most frequent where there is

the best employment and largest wages and greatest prosperity among the

thrifty. Murder, manslaughter, and attempts to kill make up three quarters

of the recorded crimes of the blacks in the Mississippi Delta. Murders of

Negroes by Negroes are very common and many of the criminals escape

altogether.

Negro crime is much fomented by the low drinking-shops in the city and in

country, by the lack of home influence on growing boys and girls, by the

brutalizing of young people who are sent to prison with hardened

criminals, and in general, by close contact with the lowest element of the

white race, which leads to crimes on both sides. It is a striking fact

that where the Africans are most numerous there is the least complaint of

crime. The so-called race riots are usually rows between a few bad Negroes

and the officers of the law, or a group of aggrieved Whites. Fights with

policemen and sheriffs are frequent, and desperate men not infrequently

barricade themselves in houses, and sell their lives as dearly as they

can. Quarrels over the settlement of accounts are not uncommon, and the

Negro who feels himself cheated sometimes takes his revenge at the end of

a gun. As weapons are ordinarily sold without the slightest check, to men

of both races and of every age, there is never any lack of the means to

kill.

Occasionally a cry is raised that proof has been found of the existence of

"Before Day Clubs"--that is, of organizations of Negroes for purposes of

violence. The thing is possible and difficult to disprove, but a sequence

of crimes through such an organization seems alien to the Negro's habits,

and is at least unlikely. The serious charges that the blacks habitually

protect any negro criminal who comes to them will be considered farther

on.

The negro crime about which Southern newspapers print most, Southern

writers say most, and which more than anything else aggravates race

hatred, is violence to white women. The crime is a dreadful one, made

worse by the spreading abroad of details, but it has such a fateful

relation to the whole Southern problem that something must here be said,

less on the thing itself than on some of the common misunderstandings and

misstatements which cluster about it.

Statistics are unfortunately too available, inasmuch as for twenty years

the number of such crimes has been nearly balanced by the number of

lynchings for that offense, which have been tabulated from year to year by

the _Chicago Tribune_, and have been thoroughly analyzed by Professor

Cutler in his recent book "Lynch Law." From 1882 to 1903 these statistics

show an average of thirty-two lynchings per year for violence or attempted

violence to white women, though of late they have been reduced to under

twenty. This includes some cases of innocent men, probably balanced by

assailants who escaped. These figures completely dispose of the allegation

that the crime is very frequent. Contrary to common belief in the North,

some such cases are tried before regular courts; and in Missouri the

Governor in 1908 very properly refused to pardon a Negro under a sentence

of death for that crime. Adding in these cases, and the half dozen which

perhaps escaped the newspaper reporter, at the utmost there are not over

fifty authenticated instances of this crime in the whole South in a

twelvemonth. Among something like 3,000,000 adult negro males the ratio of

the crime to those who might commit it is about 1 to 600,000; and out of

6,000,000 white women, not over fifty become victims, or 1 in 120,000. For

this degree of danger to white women ten million human beings are

supposed to be sodden with crime and actuated by malice, and the whole

South from end to end is filled with terror.

The allegation frequently made that these crimes are committed by highly

educated Negroes, graduates of Hampton and Tuskegee, is absolutely without

foundation. Most of them are by men of the lowest type, some undoubtedly

maniacs. Most of these occurrences take place where the Whites and Negroes

are most closely brought into juxtaposition, sometimes where they are both

working in the fields. Hence they are of rare occurrence where the Whites

are fewest and the Negroes most numerous. In many places in the Black

Belt, white people have no fear of leaving their families, because sure

that their negro neighbors would give their lives, if necessary, for the

protection of the white women. The Northern white teachers, who are

accused of arousing in the Negro's mind the belief that he is the equal of

the Whites, have never in a single instance been attacked; and in

communities where the Negroes are literally fifty to one, have not the

slightest fear of going about alone at any necessary hour of day or night.

These statements are not intended to minimize the dreadful effects of a

crime which brings such wretchedness upon the innocent. The two worst

enemies of the white woman in the South are "The Black Brute," whom the

Southern press is never tired of describing in unrepeatable terms, and the

white buzzard journalist who spreads her name and her dreadful story

abroad to become the seed of another like crime. Where is the Southern

chivalry and respect for white women when every such crime is sought out

and flashed abroad, in all the details obtainable, and the victim is

doomed to a second wrong in the lifelong feeling that she is known and

branded throughout the land?

A general and well-grounded complaint is that any fugitive, no matter what

his reason for flight, even though he is guilty of rape, is fed and sent

on his way by his own people, a practice which goes back to slavery days

when there were many strays whose only offense was a love of liberty. "The

worst feature," says an observer, "is that other negroes help to conceal

them and their crimes. They seem to have entered into a racial agreement

that they must help each one of their race to escape the penalties of the

white man's law by resorting to every artifice of untruthfulness and

concealment." Judge Cann, of Georgia, charges that "as a race, negroes

shelter, conceal and protect the criminals of their race; that they

produce riots by attacking officers of the law while in the discharge of

their duty; that they openly show sympathy with the negro criminal; that

they conspire against the enforcement of law; that they have made first a

hero, and then a martyr, of a legally convicted and executed murderer."

Like all such general statements, these allegations go too far. In the

first place, it is not altogether a sentiment of race solidarity. Negroes

have been known to give similar shelter to white vagabonds and criminals.

In the second place, black criminals are frequently apprehended through

blacks, and large numbers are brought into court, tried and convicted,

entirely on negro testimony. Something has been done in the way of negro

Law and Order Associations, which pledge themselves to give up criminals.

Still, it is discomposing to know that when a search was making for a

particularly odious fellow in Monroe, La., who had for a year or two made

himself the nuisance of the neighborhood by looking into windows, his

father and brothers, who must have known his practices, unhesitatingly

signed such a law-and-order pledge. The Brownsville incident of 1907 also,

with the apparent determination of scores of men not to "split" on some

ruffians and murderers among them, produced a painful feeling throughout

the country. In few respects could the Negroes do so much good for

themselves as by helping in the detection of the crime of their own

people.

If Negroes are violent to Whites and among themselves, they follow an

example daily and hourly set them by the members of the Superior Race. In

the first place, the Negro listens habitually to rough and humiliating

language. You get a new view of race relations when a planter in his store

on Saturday night calls up for you one after another three specimen

Negroes. "This man Chocolate," he says, "is a full-blooded nigger, the

real thing." "Chocolate" says nothing, shrugs his shoulders, and looks as

he feels, literally like the devil. The next is introduced as "One of your

mixed ones--How did that come about, hey!" and the mulatto, who has been

the official whipper on the plantation, grins at the superior man's joke.

The third is called up and presented as "The Preacher, very fond of the

sisters." This is a fair sample of what constantly takes place wherever

there is a rough, coarse white man among Negroes.

The office of the whipper is usually performed by the master himself, if

he is one of those numerous employers who believe in that method. As one

such put it: "I follow up a hand and tell him to do what he ought? If he

won't, I just get off and whip him." "Suppose he summons you before a

magistrate?" "I lick him again before the magistrate and send him home."

Other planters have given up whipping and charge a fine against the

Negro's account. Of course such fellows would rather be whipped than

prosecuted, and think that the riders (that is, the overseers), if they

once take it out of them in a thrashing, will harbor no further malice. In

some states, as North Carolina, whipping is unusual; in others it is

frequent.

Another race trouble is the driving out of blacks who make themselves

disliked by the Whites. A Negro passes an examination for post office

clerk, but is warned that if he tries to take the place he will be shot. A

colored editor, whose paper is much less offensive than any of the white

journals in his neighborhood in bad language and incitement to crime, is

thought well treated because he leaves the state alive. A Negro who is too

conspicuous, who builds a house thought to be above his station, who

drives two horses in his buggy, may be warned to leave the place; and if

he refuses to sacrifice his little property, may be shot. A black doctor

may be warned out of the county because there are enough white doctors.

The South is not the only community where people that are obnoxious are

hustled out of town, and Southern Whites sometimes receive the same

unofficial "ticket of leave"; but it makes bad blood when irresponsible

people, often in no way superior in character to the Negroes whom they

assail, uproot their neighbors.

Then comes the long list of homicides of Negroes by Whites. Ever since Ku

Klux times there have been occasional instances of "whitecapping"--that

is, of bodies of disguised men riding through the country, pulling people

out of their houses and whipping them. Such practices are not confined to

the South and are condoned sometimes in the North. Down on Buzzard's Bay

in Massachusetts a few years ago a jury absolutely refused to convict the

perpetrators of a similar outrage on a white man; while in Alabama, in

1898, five Whites were sentenced for twenty years each for killing a Negro

in that sort of way. Still convictions of white men for killing Negroes

are very unusual. Since practically every adult negro man has a gun about

him, the theory of the White is that if you get into a quarrel and the

Negro makes any movement with his hands, you must shoot him forthwith. To

this purport is the testimony of a Mississippi planter who reproved a hand

for severely whipping his child; the black replied that it was his

business and nobody should stop it; the white man said he would stop it;

whereupon the Negro drew, but was met by a bullet in his forehead; and,

explained the planter, "A steel bullet will go through a nigger's skull."

Take another case: An assistant manager on an estate in the Delta of

Mississippi tried to take a pistol away from a new hand and felt himself

safe because the man had his hands in his pockets; but the Negro fired

through the pocket, instantly killed the white man, and decamped. It

afterwards was shown that he had previously killed another white man.

The responsibility is not always on the Negro's side. There are many

disputes over labor contracts, in which the Negro justly believes that the

white man has cheated him, and his attempt to audit is stopped by a

quarrel in which the black is killed. Even boys under twelve years of age

have been known to shoot Negroes over trivial disputes, and a young lady

in Washington recently shot and killed a black boy who was stealing fruit.

The Negroes complain of harsh treatment by the police. For instance, a

good-looking, very black young man is glad to get out of Savannah and

among the white people on the Sea Islands. "They like the colored people

better; even if they do get drunk and are fierce, they treat them better.

In Savannah the other day I saw a man going back to his vessel, and a

policeman asked him where he was going. He answered up rough like,--I

wouldn't do that, I'd go down on my hands and knees to 'em rather than

have any trouble with em,--and the policeman broke his club over his head,

arrested him, and they sent him to the chain gang. I don't want to be

arrested; I never have been arrested in my life." That the police are

often in the wrong is shown by such instances as the recent acquittal of a

Negro by direction of an Alabama judge; he had shot a policeman who was

arresting him without reason, and the judge who heard the case justified

him.

Perhaps, comparing city with city, the North is as disorderly as the

South, but the rural South is a much more desperate region than the

farming lands of the North, as is shown by the statistics of homicide and

similar crimes. In Florida in 1899, with a population of 528,000, there

were about 40 murders and 200 assaults with attempt to murder. In Alabama

in 1895-96 there were about 350 homicides. In one twelvemonth some years

ago there were 6 murders in Vermont, 96 in Massachusetts, 461 in Alabama,

and over 1,000 in Texas. Judge Thomas, of Montgomery, has shown that the

homicides in the United States per million of population are 129 against

10 per million in England; and when the sections are contrasted, New

England has about 47 per million, against 223 per million in the South.

It is not easy to compare the criminal spirit in the North and the South

by the records of the courts or the statistics of convictions; acts which

are penitentiary offenses in one state may be misdemeanors, or no crime at

all, in another. A very recent tabulation, made from statistics of 1905,

shows in the Lower South 16,000 prisoners against 13,000 in a group of

Northwestern states having the same total population; and in the whole

South, 27,000 prisoners against 24,000 in a group aggregating the same

number of people in the North and West. Of the Southern prisoners, about

two thirds are Negroes, the proportion of criminals to the total numbers

of the African race being decidedly less than in the North. The only safe

generalization from those statistics is therefore that the Southern courts

send more people to jail, white and black, than the Northern. Statistics

throw little light on the question of relative crime.

A comparison is, however, possible between the ordinary course of justice

in the South and in the North. The most notorious defect in the South is

the conduct of murder trials, as shown by the evidence of Southern

jurists. Says one, "Unreasoning and promiscuous danger stalks in any

community where life is held cheap by even a few, and where the laws are

enforced by privilege or race. In such a community there is no sufficient

defense against a mob, or even a drunken fool." If one credited all the

editorials in Southern newspapers, he would believe that "a man who kills

a man in this community is in much less danger of legal punishment than

one who steals a suit of clothes"; and experienced lawyers tell you that

they never knew of a white man being convicted for homicide.

These statements are exaggerations, for the records of pardons show that a

certain number of white men have reached the penitentiary for that offense

and leave it by the side door. The reason for the failure of justice in

numerous cases is, first of all, the technicalities of the courts, which

are probably not very different in that particular from those of the

North; and, secondly, the unwillingness of juries to convict. It must be

accepted as an axiom that the average plain man in the South feels that

if A kills B the presumption is that he has some good reason. Counsel for

such cases habitually appeal to the emotions of the jury, and ask what

they would have done under like circumstances. Even conviction may not be

uncomforable; take the case of a young White in Florida, who killed a

policeman, was sentenced to eighteen months' imprisonment, was then hired

out as a convict by his uncle at fifteen dollars a month, and paraded the

streets at his pleasure.

A general impression in the North is that the Southern courts are very

severe with colored men; and (if he has not already been lynched) it is

true that they are likely to pass heavy sentence on a Negro who has killed

a white man, and juries are often merciless; but there are many cases

where blacks are lightly treated on the express ground that they have had

less opportunity to know what is right and wrong. In Brookhaven, Miss., a

very rough region, in a year three white men have been heavily sentenced

for killing Negroes; while many cases could be cited where a Negro was

acquitted or let off with a light penalty for a like offense.

When it comes to less serious crimes, the Negro enjoys a special

protection whenever he can call in a respectable white man to vouch for

him as in general straightforward; the Court is then likely to impose a

light sentence. Even in serious cases a man is sometimes acquitted or

lightly treated at the request of his master, so that he may return to

work. That is what the planter meant who boasted: "I never sent a nigger

to jail in my life; and I have taken more niggers out of jail than any

planter in Alabama." That is, he never gave information against one of his

own hands, but inflicted such small penalties as he saw fit; and he would

pay the fine for his men who came before the courts, or even secure their

pardon, so as to get them on his plantation. That principle sometimes goes

terribly deep. In the case of a Negro who whipped his child to death, the

natural inquiry was, "What did they do with him?" To which the nonchalant

answer was, "Oh, nothing, he was a good cotton hand."

The great majority of negro convicts are sentenced for petty crimes,

stealing, vagrancy, and the like, and for rather short terms; but the name

for this punishment, "the chain gang," points to a system practically

unknown in the North. There are literal chain gangs, with real shackles

and balls, working in the streets of cities, white and black together; and

large bodies of convicts are worked in the open, stockaded, and perhaps

literally chained at night. Right here comes in one of the worst features

of the Southern convict system. The men on the chain gang are perhaps

employed on city or county work, and if their terms expire too fast, the

authorities will run out of labor; hence, the Negroes believe, perhaps

rightly, that judges and juries are convinced of their guilt just in

proportion to the falling off of the number of men in confinement; and

that if necessary, innocent people will be arrested for that purpose. That

is probably one reason why Negroes feel so little shame at having been in

prison. "Did you know I was in the barracks last night?" is a remark that

you may hear at any railroad station in Georgia.

The whole subject is complicated with vagrant laws. For instance, in

Savannah Negroes not at work, or without reasonable excuse for idleness,

shall be arrested; and in Alabama if arrested as a vagrant the burden of

proof is on the black to show that he is at work. It is a mistake to

suppose that colored tramps are common in the South; but irresponsible

men, loitering about a city and sponging on the working Negroes, are

frequent, and furnish many serious criminals.

On the whole, one would rather not be a negro convict in a Southern state,

or even a white convict, for many state and county prisons are simply

left-over examples of the worst side of slavery. A Northern expert in such

matters in Atlanta a few years ago, in a public address, congratulated the

people on the new jail which he had just visited. At least it looked like

the most improved of modern jails, for it had large airy cells provided

with running water, and the only defect in it was that it was intended for

the state mules and was far better than any provision made there for human

prisoners.

The first trouble with the Southern convict system is that it still

retains the notion, from which other communities began to diverge nearly a

century ago, that the prisoner is the slave of the state, existing only

for the convenience and profit of those whom he serves. In the second

place, it has been difficult to find indoor employment for the men, and

most of them are worked out of doors, a life which with proper precautions

is undoubtedly happier and healthier than that inside. In the third place,

whipping is still an ordinary penalty, and very frequently applied.

Furthermore, a number of states in the Lower South have been in the habit

of letting out convicts, and that is still done in several states, as

Florida, Alabama, and Georgia. They used to be rented to cotton growers,

and a planter could get as few as two convicts or even one, over whom he

had something approaching the power of life and death. This was a virtual

chattel slavery, which long ago ought to have been disallowed by the

Supreme Court of the United States, as contrary to the Thirteenth

Amendment. If still retained on a state or county plantation, the convicts

are in the power of wardens whose interest it is to drive the men

unmercifully. Governor Vardaman in a public message in 1908 thought it

necessary to say that "Some of the most atrocious and conscienceless

crimes that have been perpetrated in this State are chargeable to the

county contractor. I have known the poor convict driven to exhaustion or

whipped to death to gratify the greed or anger of the conscienceless

driver or contractor. The tears and blood of hundreds of these unfortunate

people cry out for this reform."

The Governor suggests that white men suffer under this system, and there

have been recent cases where vagrant Whites were sold on the auction block

for a period of months. It might perhaps be argued that the South is

always more stern in its judicial punishments than the North, inasmuch as

five years on a convict farm in Mississippi is worse than being decently

hanged in Massachusetts. The modern and humane methods of reform, of

separating the youthful first-term man from the others, of specially

treating juvenile crime, are little known in the South. When a

twelve-year-old black boy is sent to the chain gang by a white judge, the

community suffers. With regard to all those penal institutions one might

share the feelings of the good Northern lady, when told that her grandson

had been sentenced to the penitentiary for ten years: "What did they do

that for? why, he won't be contented there three weeks!"

This sympathy with the criminal the governors of the Southern states

appear to feel, as is shown by some astonishing statistics. When Governor

Vardaman went out of office January 1, 1908, he pardoned 8 white men and

18 Negroes, most of them convicted of murder or manslaughter, and 11 of

them life men. A Memphis paper has tabulated the state pardons for a

period of twelve months, and if the results are accurate, they show 1 in

Wisconsin, 22 in Massachusetts, 81 in Georgia, 168 in Alabama, and over

400 in Arkansas. Just how the Negroes get sufficient political influence

to secure pardons is one of the serious questions in Southern

jurisprudence. For these lavish pardons the Whites are wholly responsible,

for from them spring all the governors and pardoning boards.

The same responsibility rests on the Whites for the inefficiency of

criminal justice and for the mediæval prison system. The North might

fairly plead that its efforts to reform its judicial and punitive system

are resisted by the lower elements of society, which have such power

through choosing prosecutors and judges and legislators, in framing laws

and constitutions, that the better elements cannot have things their own

way. Not so in the South, where the Superior Race has absolute control of

the making of law and the administering of justice, and the treatment of

prisoners. Every judge in the South, except a few little justices of the

peace, is a white man. Negroes, although still eligible to jury service,

are rarely impaneled, even for the trial of a Negro. Negro testimony is

received with due caution; hardly any court will accept the testimony of

one black against one white man. For failures in the administration of

justice, for unwillingness to try men for homicide, for technicalities in

procedure, for hesitancy of juries, the Superior Race is wholly

responsible. The system is bad simply because the white people who are in

control of the Southern state governments are willing that it should be

bad. With all the machinery of legislation, and of the courts in its

possession, the white race still resorts to forms of violence which

sometimes strike an innocent man, and always brutalize the community, and

lead to a contempt for the ordinary forms of justice. The place for the

white people to begin a real repression of crime is by punishing their

criminals without enslaving them.

The Southern South · 第 14 / 28 章