CHAPTER XI.

In 1876 (twenty-five years ago) I was President of a National Convention

held at Nashville, Tenn, and of which H. V. Redfield, an able

correspondent of the "Cincinnati Commercial," made the following unduly

flattering mention: "Mifflin W. Gibbs, of Arkansas, was selected as

President. It may be interesting to know that Gibbs is strongly in favor

of Bristoe, now an aspirant for the Presidency. He will likely be a

delegate from Arkansas to the National Republican Convention at

Cincinnati. He is a lawyer, one of the foremost of his race in Arkansas.

He is rather slender and a genteel-looking man, with something in his

features that denotes superiority" ("Though poor in thanks," Redfield,

yet I thank thee.) "His speech upon taking the chair, was another event.

It was the third good speech of the day and calculated to leave the

believers of internal inferiority in something of a muddle.

"He made a manly plea for equal rights for his race. All they wanted was

an equal chance in the battle of life. They did not desire to hinder any

man for exercising his political rights as he saw fit, and all they

claimed was liberty of thought and action for themselves. He was sorry

there was occasion for a convention of black men to consider black men's

status. The fact alone was evidence that the race had not been accorded

right and justice. Of the treatment of his race in Arkansas he had

little to complain of, but spoke bitterly of the murders at Vicksburg,

Miss. He gave the Republican party, as administered at Washington,

several blows under the chin. He complained of bad treatment of colored

men by that party, notwithstanding all its professions. He made the bold

declaration that all the whites of the South need do to get their votes

was to promise equal and exact justice and stand to it. All they wanted

was their rights as American citizens and would go into the party that

would secure them. He said the question primarily demanding the

attention of the convention were educational and political, and he hoped

the proceedings would be so orderly as to convince the whites present

that we were capable of self-control. His speech had a highly

independent flavor and the particular independent passages were

applauded by whites and blacks alike."

While the call for the convention was not distinctly political, that

feature of the proceedings was the most pronounced. For at that early

day, through an experience the most bitter, the lesson had been learned

that politics was not the panacea, but that our affiliation with the

Republican party was the main offence. Hence a disposition to

fraternize with Southern politicians for race protection and opportunity

had many adherents, and voiced by Governor Pinchback and other prominent

leaders in the South, who, while preferring to maintain their fealty to

the Republican party, were willing to sacrifice that allegiance if they

could secure protection and improve conditions for the race. Had the

leaders of Southern opinion met these overtures, even part of the way,

much of the friction and turbulence of subsequent years would have been

avoided. But that there will be a breaking up of the political

solidarity of the South, not on sentimental but on material lines, at no

distant day all signs promise, and be its status what it may, the Negro

will benefit by commingling with the respective parties in political

fellowship. Laying down the "old grudge" at the door of opportunity and

entering, should the premises be habitable, he could "report progress

and ask leave to sit again."

It has been alleged to the discredit of the Negro that he too soon

forgets an injury. Nevertheless as a virtue it should redound to his

credit. He is swift to forgive and, if necessary, apologize for the

shortcomings of his adversary. But human nature seldom appreciates

forgiveness, preceded as it is by censure, the subject of which usually

repels, and another melancholy phase is often apparent, for the pricks

of conscience for those we have wronged, we seek solace by hating. There

are in both parties a fraction of saints, who, notwithstanding his

immense contribution by unrequited labor to the wealth of the nation

whilst a slave; his fidelity and bravery in every war of the Republic,

have for him neither care nor regard; denounce him as an incapable and a

bad legacy. He should, nevertheless, be patient, diligent, and hopeful,

with appreciation for his friends and for his enemies a consciousness

expressed in the Irishman's toast to the Englishman--

"Here's to you, as good as you are;

And here's to me, as bad as I am;

But as good as you are,

And as bad as I am,

I'm as good as you are,

As bad as I am."

Very ill considered is the opinion held and advocated by some, that he

should defer or eschew politics--who say: "Let the Negro be deprived of

this right of citizenship until he learns how to exercise it with wisdom

and discretion." As well say to the boy, Do not go into the water until

you learn to swim! The highest type of civilization is the evolution of

mistakes. While education, business, and skilled labor should have the

right of way and be primarily cherished, his right to vote and

persistent desire to exercise it should never be abandoned, for he will

yet enjoy its fullest fruition all over this, our God-blessed land.

Among the delegates I met at the South Carolina convention in 1871 were

the Hon. William H. Grey, H. B. Robinson, and J. H. Johnson, of

Arkansas, prominent planters and leaders in that State. I was much

impressed with the eloquence of Grey, and the practical ideas advanced

by Robinson, the one charmed, the other convinced. Learning that I

sought a desirable place to locate in the South, they were enthusiastic

in describing the advantages held out by the State of Arkansas. The

comparative infancy of its development, its golden prospects, and

fraternal amenities. Crossing the Arkansas River in a ferry-boat, in

May, 1871, I arrived in Little Rock a stranger to every inhabitant. It

was on a Sunday morning. The air refreshing, the sun not yet fervent, a

cloudless sky canopied the city; the carol of the canary and mocking

bird from treetop and cage was all that entered a peaceful, restful

quiet that bespoke a well-governed city. The chiming church bells that

soon after summoned worshipers seemed to bid me welcome. The high and

humble, in their best attire, wended their way to the respective places

of worship.

Little Rock at that date, not unlike most Western cities in their

infancy, and bid for immigration, was extensively laid out, but thinly

populated, having less than 12,000 inhabitants. From river front to

Twelfth Street, on the south, and to Chester on the west, it was but

sparsely settled. The streets were unimproved, but the gradual rise from

river front gave a natural drainage. Residences and gardens of the more

prominent, on the outskirts, gave token of culture and refinement. The

nom de plume "City of Roses" seemed fittingly bestowed, for with trellis

or encircling with shady bower, the stately doorway of the wealthy, or

the cabin of the lowly could be seen the rose, the honeysuckle, or other

verdure of perfume and beauty, imparting a grateful fragrance, while

"every prospect pleases." My first impressions have not been lessened by

lapse of time; generous nature has enabled human appliance to make

Little Rock an ideal city.

As knowledge of the local status of a State, as well as common law, must

precede admission to the bar, I applied and was kindly permitted to

enter the law office of Benjamin & Barnes, at that time the only

building on the square now occupied by the post office and the Allis

Block. In this for preparatory reading I was very fortunate. I not only

found an extensive law library, but the kindness and special interest

shown by Sidney M. Barnes was of incalculable benefit. Mr. Barnes was an

able jurist, one of nature's noblemen, genial, generous, and patriotic.

A wealthy slaveholder in Kentucky, when the note of civil war was

sounded, called together his slaves, gave them their freedom, and at an

early date had them enrolled in the Federal army, and went forth himself

to fight for the Union. James K. Barnes, his son, now a prominent

citizen of Fort Smith, and the able United States Attorney for the

Western district of Arkansas, and whose fellowship and kindness has

extended through all my political career in Arkansas, is "a worthy son

of a noble sire," having courage of conviction and eloquence in their

enunciation. Among the young men then practicing law was Lloyd G.

Wheeler, a graduate from a law school in Chicago, popular and an able

lawyer, with considerable practice. In 1872 we joined, under the firm

name of Wheeler & Gibbs, opening an office in the Old Bank Building,

corner Center and Markam Streets.

[Illustration: HON. JUDSON W. LYONS.

Present Register of the Treasury. Born in Georgia--A Graduate of Howard

University--Appointed by President McKinley to the Above Position.]

It is not without considerable trepidation that an infant limb of the

law shies his castor into the ring, puts up his shingle announcing that

A, B, or C is an "Attorney and Counsellor at Law." His cerebral column

stiffens as, from day to day, he meets members of the bar, who

congratulate him upon his advent, and feels his importance as he waits

from day to day for the visit of his first client, but collapses when he

arrives and with ghostly dread salutes him and prepares to listen with a

disturbed sense of an awful responsibility he is about to undertake.

For, side by side with his client's statements there seem to appear in

stately majesty all the adjuncts of the law: First, the inquisitive

glance of the judge, like a judicial searchlight, scans him as he rises

to defend Mr. Only Borrow, charged with larceny. Will he be able to

think on his feet at the bar as he did in his chair in his office? Will

he succeed or fail in stating his case, with eye and ear of every

veteran of the bar intent on his first utterance? How about the jury,

that unknown quantity of capricious predilections? Will they give him

attention, or will their eyes find a more congenial resting place?

Unbidden, the panorama insists on prominence. He attempts the most

nonchalant air, tells Mr. B. to proceed and state his case. This was not

the first time that he had been requested to perform this incipient step

of the law's demand, and he does it with such astuteness and flippancy,

and how he had been wronged and persecuted by the plaintiff, that tears,

unbidden, are ready to glisten in your eyes. Injured innocence and your

sworn duty to your profession inspire courage and induce you to take his

case. Later on the tyro will have learned that it was highly probable

that Mr. B. would not have called on him but for the fact that he was

not only out of cash, but out of credit with able and experienced

practitioners.

At the time of my examination for entry to the bar by the committee, of

which William G. Whipple was one, I was instructed that the most

important acquisition for a member of the bar was ability to secure his

fee. Having noted all the points of defence for his honesty, the last,

but not the least matter to be considered was the fee, resulting in an

exchange of promises and his departure. When the case was called, for

reasons not divulged, the plaintiff failed to appear. Mr. Borrow was

acquitted; I won my case and am still wooing my fee. The study of the

law is not solely of advantage to those who intend adopting it as a

profession, for its fundamental principles are interwoven with the best

needs of mankind in all his undertakings, making it of value to the

preacher or laymen, the merchant or politician. For the young man

intending the pursuit of the latter it is quite indispensable. The

condition in the South for a quarter of a century giving opportunity for

colored men to engage in the professions has not been neglected. In each

of the States there are physicians and lawyers practicing with more or

less success. With equality of standing as to culture, ability and

devotion, the doctor has had the advantage for a growing and lucrative

practice. This can be accounted for partly on account of the private

administrations of the one and the public career of the other. The

physicians has seldom contact with his professional brother in white and

escapes much of the difficulty that lies in wait for the colored

disciple of Blackstone.

During my practice I found the judges eminently fair in summing up the

evidence produced, noting the points and impartially charging the

jurors, who were also fair when plaintiff and defendant were of the same

race, but who, alas, too often, when the case had been argued by, or the

issue was between the representatives of the two races, bowed to the

prevailing bias in their verdict. Bishop, in his introduction to his

"Criminal Law," has fittingly said: "The responsibilities which devolve

on judicial tribunals are admitted. But a judge sitting in court is

under no higher obligation to cast aside personal motives and his likes

and dislikes of the parties litigant, and to spurn the bribe if

proffered than any other official person acting under a jurisdiction to

enforce laws not judicial. Happy will be the day when public virtue

exists otherwise than in name." It often happens with cases commanding

liberal fees and where the litigant has high regard for the legal

learning and ability of the colored lawyer, yet conscious of this

hindrance to a successful issue of his case, very naturally goes

elsewhere for legal assistance. Hence, as an advocate not having

inducement for continued research and opportunity for application of the

more intricate elements of the law, confined to petty cases with

corresponding fee, he is handicapped in his effort to attain eminence as

a jurist. It has been said that great men create circumstances. But

circumstances unavoidably produce great men. Henry Drummond is quoted

as saying: "No matter what its possibilities may be, no matter what

seeds of thought or virtue lie latent in its breast, until the

appropriate environment presents itself, the correspondence is denied,

the development discouraged, the most splendid possibilities of life

remain unrealized, and thought and virtue, genius and art, are dead."

It should be the solemn and persistent duty of the race to contend for

every right the Magna Charta of the Republic has granted them, but it

might assuage the pang of deprivation and stimulate opportunity did he

fully know the stages of savagery, slavery, and oceans of blood through

which the Anglo-Saxon passed to attain the exalted position he now

occupies. Much of the jurisprudence we now have responding to and

crystallizing the best needs of humanity were garnered in this sanguine

and checkered career. It is said that the law is a jealous mistress,

demanding intense and entire devotion and unceasing wooing to succeed in

winning her favor, or profiting by her decrees. Yet, for student or

layman, the study is instructive and ennobling. It is an epitome of ages

of human conduct, the products, the yearnings, and strivings of the

human heart, as higher conceptions of man's relation to his fellow found

echo or inscription in either the common or written law. Locality,

nationality, race, sex, religion, or social manner may differ, but the

accord of desire for civil liberty--the "torch lit up in the soul by the

omnipotent hand of Deity itself"--is ever the same. Constitutional law

"was not attained by sudden flight," but it is the product of reform,

with success and restraint alternating through generations. It is the

ripeness of a thousand years of ever-recurring tillage, blushing its

scarlet rays of blood and conquest ante-dating historic "Runny Meade."

It is well to occasionally have such reminiscent thought; it makes us

less pessimistic and gives life to strive and spirit and hope. We cannot

unmake human nature, but can certainly improve conditions by

self-denial, earnest thought, and wise action.

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