It is only reasonable to assume that a man whose ignorance does not

blind him from shooting right, can, and will, under proper

instruction, which is given in prints and on the stump to all other

voters, vote rightly.

(2) The first and most potent step in the direction of humiliating the

Negro and relegating him to a condition of mental serfdom, is to

deprive him of the ballot. It is the only token of real power which he

possesses, aside from his brawn, which the white American really

covets; and once shorn of that, he would, like Samson, be passive, in

the hands of the Philistines.

(3) Another suggestion which may be urged in behalf of the suffrage

rights of the "ignorant and non-property-holding Negro" is, that he is

a hopeless minority; nor could he, by any means, control the destinies

of this country, if the intelligent voters of the land would but be

vigilant and prompt in the exercise of the franchise, imposed in them.

It is a sad reflection that the alleged fraud and corruption which

existed under "carpet-bag rule" in the South during the reconstruction

period could never have existed had the white voters of the South, who

were yet clothed with the elective franchise, given their countenance

and affiliation to the Negro voters, instead of standing aloof from

them and leaving them to be swayed by a set of _educated men_, many of

whom were neither "to the manor born," nor particularly interested in

the welfare of the several communities in which they operated.

(4) We must never lose sight of the fact that the welfare of the

Republic is not resident altogether in the _brains_ of the voters. The

_heart_ plays a very conspicuous part in the casting of a pure and

salutary ballot. As between a voter possessing a pure, kind and

patriotic heart but an uncultivated mind, and another endowed with all

the learning of the universities, but swayed by ulterior and

unpatriotic designs, one would experience little or no difficulty in

making choice of the former, even though clad in a black skin.

(5) The fact that a Negro is a "non-property-holding Negro" should not

militate against his right to exercise his rights of citizenship; for,

many of the most useful and valuable of our voters, of both races,

are "non-property-holding" voters. The fact of holding property is

frequently predicated on conditions altogether fortuitous--a reverse

of the wheel of fortune, a large or expensive family--a drought or

flood, as well as many other contingencies all play conspicuous parts

in preventing good and true citizens from accumulating property, even

to the extent of an humble homestead; while fire, cyclone and flood

often reduce a man of great possessions in a day to the conditions of

a "non-property-holding" citizen; and did his right to vote depend on

his property holding, he would be utterly bereft of it. On the

contrary, it is no extraordinary thing to see a man of less than

average intelligence endowed with "worldly goods" through a turn of

the wheel of fortune or the expansion or contraction of a "margin,"

where men win or lose all on the casting of a die.

It does not seem to have occurred to many of those who are exceedingly

anxious to deprive "ignorant and non-property-holding Negroes" of the

ballot, that ignorance in a white man is just as vicious as ignorance

in any other class of citizens; yet they go on eliminating, by laws of

questionable validity, the hard working, wealth producing Negro of the

South, while in most instances the ignorant, dilettante and faneant,

with a white skin, is not only permitted to vote, but even protected

in the exercise of the function.

Upon the whole, after mature reflection, an affirmative answer would

seem to be the proper one to the foregoing proposition. Under our

present Constitution, yes; the "ignorant and non-property-holding

Negro" ought to vote.

TOPIC VI.

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

BY ATTORNEY R. S. SMITH.

[Illustration: Atty. R. S. Smith]

ATTORNEY REUBEN S. SMITH.

Reuben S. Smith, attorney-at-law, No. 420 Fifth Street, N.

W., Washington, D. C., was born in Jackson County, Florida,

April 1, 1854. He received his early education in the common

schools of Marianna, in that county, and at Howard

University, Washington, D. C. Before coming to Washington he

taught school for a time and in 1876 served as an alternate

delegate-at-large from Florida to the National Republican

Convention, held at Cincinnati, Ohio. As a resident of the

national capital he served as a clerk in the United States

Treasury Department, in the office of the sixth auditor and

in that of the second auditor. He was also Washington

correspondent of several newspapers, but after graduating

from the law department of the Howard University, in 1883,

was admitted to the bar of the Supreme Court of the District

of Columbia, and has since been successfully employed in the

practice of his profession. He has not only established a

lucrative private business, but has acted as attorney for a

life insurance company and other corporations. In November,

1899, he was unanimously elected moderator of the conference

of the Congregational churches of Virginia, Maryland, West

Virginia and the District of Columbia, and is Superintendent

of the Lincoln Memorial Congregational Church Sunday School.

Mr. Smith was a delegate to the National Republican

Convention held at Chicago in 1880, and a special agent of

the eleventh census of the United States (1890), assigned to

the work of collecting the statistics of the recorded

indebtedness of the State of Florida. It is therefore

evident that he is a man of versatility as well as

ability.--_Biographical Encyclopedia of the United States_.

The subject of this sketch also served as assistant

sergeant-at-arms of the Philadelphia National Republican

Convention of 1900. He has been attorney in several

important cases in the Supreme Court of the District of

Columbia, involving damage suits against large corporations,

and has been generally successful. He has also been retained

in many equity, real estate and contested will cases,

wherein he has been equally successful. He has been almost

exclusively engaged in civil practice during his experience

of fourteen years as a practitioner before the Supreme Court

of the District.

Mr. and Mrs. Smith are domiciled at No. 715 Second Street,

Northwest, where they have resided for the past twenty

years. Two children survive to them: Master Jerome

Bonaparte, a student at Howard University and Miss Rosa

Virginia, a pupil in the Washington High School.

At first glance the above question would seem to be fully answered

with one word comprising but two letters, namely, N-o. And yet, upon

second thought, it will be seen that that answer would not apply, for

the reason that the alleged criminal Negro seldom reaches a

court-house in the South before alleged summary justice is visited

upon him by an unreasoning Judge Lynch.

The fact that the question is asked whether the criminal Negro is

justly dealt with in the courts of the South, would imply that there

is at least a doubt as to the genuineness of the justice meted out to

him there. In legal phraseology, a criminal is one who has been duly

convicted of crime. This being so, it would seem that my first inquiry

should be, whether the Negro who has been legally ascertained to be a

criminal is justly dealt with in the South, in the matter of his

punishment therefor? This line of inquiry leads me into the

investigation of the convict lease system which obtains in certain

Southern states, and other unlawful abuses of colored criminals there.

It is not my purpose in the limited space allotted to consider this

phase of the subject at great length, but rather to briefly point out

its manifest injustice.

One of the greatest wrongs of the South is its convict lease system;

and its lynch law, and its disfranchising statutes are like unto it.

Although the emancipation proclamation, written and promulgated by the

immortal Lincoln, has been operative for more than thirty-six years,

yet a species of slavery still exists there, fostered and nurtured by

the statutes authorizing the convict lease system. So vile became this

evil in Anderson county, South Carolina, that the leading officials

there denounced it as brutal and barbarous, a crime against nature and

nature's God--a crime against civilization and humanity.

Some of the specific charges against the system were that these

unfortunate beings, without regard to sex, were huddled together in

prison quarters like so many cattle. It has been a foul blot upon the

escutcheon of the South, second only to the murderous stains made

thereon by the lynchers. It is a disgrace even to the civilization of

medieval times. For cruelty and outrage it is unparalleled in the

annals of civilized society. Siberia itself is preferable to the

convict camp. Given the worst form of human slavery plus the

barbarities of prison life; add to this the horrors of a Spanish

prison, and you have somewhat of an idea of the iniquitous institution

of the barbarous convict lease system.

But as if compounding crime, it is asserted with many of the

appearances of truth, that Negro boys and girls, upon trivial charges,

are convicted and sent to the convict camp for the express purpose of

securing to the lessees of convicts the benefit of their unrequited

toil until they reach their majority. Thus confined among confirmed

criminals they naturally partake of the character of their

environments, and conceive and multiply vice and criminology. This

system punishes the real criminal unjustly. The ill-gotten gain it

offers furnishes the incentive to thrust the innocent into prison

pens.

Then, too, it is claimed with the appearance of truth that

unscrupulous white men in certain Southern localities actually trump

up charges against Negro men and procure their convictions and

sentence to the convict camp for the double purpose of affording the

lessees the comparatively free labor of the alleged criminals and to

deprive them of the right to vote. While heartily approving of such

reasonable punishment as shall deter crime, I can command no language

strong and severe enough to condemn in fitting terms the cruelties and

deviltries heaped upon the Negro in certain sections of the South in

the name and for the sake of those who profit by the convict lease

system.

It is undisputed that some of those sent to the convict camp have been

properly found guilty; some have been illegally convicted; some

deserve proper punishment, while some, by reason of their tender

years, should have been put into reformatories, where they might have

been rescued from a life of crime and brought up as law-abiding

citizens. Such institutions may have been intended to protect society

from the dishonest and vicious and to repress crime, but they are

really made hotbeds of vice; and where sufficient vitality remains in

the unfortunates, they actually propagate and multiply criminals.

But if the question should become so varied as to inquire whether the

Negro in the South charged with crime is justly dealt with in the

courts thereof; in other words, is he afforded a fair trial there?--it

could not be fully answered without taking into consideration the

heinous crime with which the Negro is generally charged. There is

nothing more revolting than rape, unless it be mob-rule. There is no

true man, white or black, who would not rejoice to see condign

punishment visited upon the brute legally proven guilty of this most

diabolical crime.

The South justifies lynching on the ground that it shields the victim

of the crime from the publicity to which a trial of the perpetrator

would expose her. That is to say, the lynchers prefer to violate the

organic law, which provides that no one shall be deprived of life,

liberty, or property, without due process of law. They put the mob

above the judicial system of the country, and arrogate to it greater

power to protect the honor of the outraged female and uphold the

majesty of the law than a court of justice. It is a sad reflection

upon the administration of justice even to intimate that the mob which

ruthlessly defies the law is better qualified to administer justice

than the court established by law to try and determine the guilt or

innocence of persons charged with the commission of crime.

In the dark ages of English history, it frequently happened that the

person charged with the commission of crime was first executed and

afterward his trial was had, and if a verdict of not guilty was found,

his bones were disinterred and given a state funeral. But the Negro

charged with the commission of crime in the South is frequently not

granted a trial before or after execution; so that the Negro is not

justly dealt with in the courts of the South, even after he has been

hung, drawn and quartered, or burned.

In some instances where the Negro is fortunate enough to confront his

accusers in a court in the South, the caste prejudice against him too

often reduces his trial to a mere mockery of justice.

The cornerstone of the Republic is justice, to establish which, under

liberty, its founders set foot upon these hostile shores in the early

part of the seventeenth century. From that time to the present the

slogan of every campaign, the rallying cry of every battle, has been

justice in some form or other. And yet, in the alleged interest of

innocence, justice, in certain localities, is often outraged, law

dethroned, and mob rule exalted.

Whether or not the Negro charged with crime is justly dealt with in

the courts of the South can only be answered relatively, for in some

localities fair trials are granted even to Negroes charged with the

commission of crime. But for the most part, it must be admitted that

Negroes brought into the courts of the South accused of crime against

white people are not accorded a fair trial.

The reason of this unjust dealing with the Negro in the courts of the

South is not far to seek; he is looked upon as an alien; then, too,

the doctrine that he has no rights which a white man is bound to

respect is exploded in certain localities only in theory, for in

practice it is still unmistakably prevalent.

The crying need of the times is a wholesome respect for law and order,

and a righteous condemnation of mob rule everywhere. Every pulpit

North and South should speak out against mob rule and lynch law. The

eloquent divine in Greenville, Miss., who recently denounced with

righteous indignation the damnable outrages of mob violence in that

state, was as a voice crying in the wilderness. For some reason his

brethren of the cloth have not seen fit to join him in a crusade

against this abominable sin. If the Southern clergy could only be

induced to preach against this evil occasionally, there would soon be

created throughout the sin-ridden districts such a healthy public

sentiment and respect for law and order that these crimes against the

state would soon become things of the past; nor could there be found

throughout our broad land a miscreant, who, under the influence of the

spirit of lawlessness, would take the life of our Chief Magistrate;

nor would there be anywhere such an illiberal public sentiment as

would openly criticise our Chief Executive for dining a representative

member of the race whose feasts even Jupiter did not disdain to grace.

But let us consider the alleged crime for which lynching is attempted

to be justified. L. H. Perkins, Esq., of the Kansas Bar Association,

in an address to its annual meeting, in July, 1901, said:

"Lord Coke observes: 'There are crimes that are not so much as to be

named among Christians.' It is difficult for us in Kansas to believe

that certain crimes exist; crimes against nature, practiced by force

upon defenseless childhood, disclosed in criminal records of great

cities; but there is one crime in Kansas that we have learned to know.

It ought not to be named, much less permitted in a Christian land. The

crime and its fit punishment, can scarcely be discussed; but how else

can it be expunged? Shall it be by fire? Must he who writes the story

of this new-born age still further shock the world and foul the fair

name of America by pictures of a howling mob, profaning every law of

God and man; with every bulwark of our rights thrown down, the gates

of hell unchained, and passion, loose, unbridled as hurricane,

roaring above the prostrate guardians of the peace, annihilating in an

hour the civilization of six thousand years?

"Death in flames! Savage, bloodthirsty vengeance! Three things this

savory orgy lacks: salt and sweet herbs and a good appetite.

"There is a law that in the last extremity, in the presence of

impending death, all barriers are removed, all ranks are leveled, all

rights are equalized. Supreme necessity is supreme law. Can it be

possible that some such overmastering impulse at times dethrones the

public mind, and, while the fit is on, the latent cannibal runs riot

in the land? It seems it must be so; and, if it be, 'twill be until we

rise to the necessity.

"We may excoriate the cannibal, but which of us will now affirm the

provocation is not great? Poor, helpless woman! Why don't she learn to

shoot? This monstrous crime pursues her like a nightmare. It is an

ever present peril to every woman in the land. Must she shun every

alley and fly from every bush lest lascivious eyes be on her and

unbridled, brutal passion block her way? Of all the hobgoblins abroad

in the night, in fact or fancy or in song or story, there is none so

hideous as the stealthy form of the lecherous brute that leaps forth

out of darkness and drags defenseless woman to her ruin.

"And can it be that we who make the laws; we who have wives and

daughters and sisters and mothers who are dearer than life itself; we

who honor woman, not for her strength but for the very attributes that

render her the prey of force; can it be that we can make no laws that

will protect her, or satisfy the public that justice will be done?

"Concede that in the sight of God the crime of rape is worse than

murder, yet is it plain that the punishment should be death? In the

interest of woman herself were it not better that the brutal ravisher

have somewhat more to bear if he do also murder? Else would not the

motive to silence forever the most dangerous witness be complete?

"I offer the suggestion of three degrees for rape--the first to cover

only ravishment by brutal violence and force; the second all the

intermediate grades save statutory rape, which alone shall constitute

the third degree. I am no firm believer in the justice of our age of

consent, and would leave corporal punishment for statutory rape to the

discretion of the trial court. The terms of imprisonment as now

prescribed are doubtless long enough, but let us add to them the sting

and shame of the ancient whipping post. For the third degree, in the

court's discretion, not more than seven lashes. For the second degree

two floggings of twenty lashes each, soundly administered within

twelve months. And for the first degree, three several floggings of

forty lashes each within twelve months, and then castration. There is

much reason in this ancient penalty, and the time has come when it

should be revived. If, as some say, this morbid and unbridled passion

is disease, then treat it like appendicitis--remove the cause."

Mr. Perkins is on the right track. I am glad that he neither endorses

lynching nor takes stock in the absurd report from certain sections of

the South that all Negroes are ravishers of white women. I think his

suggested remedy against rape a good one for white and black.

But to return to the consideration of the other phase of the question,

I desire to say that Mrs. Helen Douglass, the widow of the lamented

Frederick Douglass, is accepted authority on the convict lease system,

and consequently I am indebted to her for most of the data used in

this article touching that subject. In a well prepared lecture on

convict leases, Mrs. Douglass introduces her theme as follows:

"We know what happens when manufactories are shut down and a vast

amount of accumulated material is suddenly thrown upon the market. For

250 years the South had been manufacturing a peculiar article; had

been literally stamping this article with its own lineaments and

putting it upon a market created especially for it. The war came! The

manufactories were closed; the material was on hand; what should be

done with it? Never in the world, perhaps, has there been a clearer

demonstration of the irrevocable nature of law, as affecting society,

and the awful power of habit as the sum of reiterated choice."

At the Prison Reform Convention, held in Atlanta in 1888, Dr. P. D.

Sims of Chattanooga, Tenn., said that, the impoverished condition of

the South succeeding the War of the Rebellion, caused it to drift into

the convict lease system, for which there were many excuses, but no

justification. The lessee buys from the State the discipline of

prisoners solely for gain; that neither the State nor the lessee had

regard to the element of reform or consideration of a philanthropic

character; that although many good men were engaged in it, the system

was wrong. He presented the statistics of thirty-nine State prisons,

showing that in the non-leasing prisons, the annual mortality was

fifteen per thousand, while in the leasing, it was sixty-four per

thousand, and that in the former, escapes were but five per thousand,

and in the latter, they were fifty-one per thousand. He appealed to

the South to change the system.

The lease system was adopted in Georgia in 1869, both Democrats and

Republicans favoring it. The first year there were 350 convicts to be

hired, and the second year the number doubled. An investigation showed

that one company paid nothing to the State for the labor of its

convicts, and that although the law provided for a chaplain, the State

had none; that convicts were worked on Sundays contrary to law, and in

some instances whipped to death. The evils of the system became so

flagrant that a Senator on the floor of the Senate Chamber declared

that the rich and powerful were allowed to go free, while the poor

white person and the ignorant Negro were shown no mercy. It was proved

that even a governor of the State was himself a lessee, working State

convicts for private gain, under a $37,000 bond in force until 1899,

although he was the convict's only protection against the wrongs of

the lessee.

The ease and facility with which colored persons were sent to the

penitentiary kept a goodly supply of prisoners on hand. While it was

burdensome to taxpayers to keep them within walls, it was unjust to

mechanics to allow them to learn trades; ergo, they were leased out to

grade streets, to work on railroads, in mines and the like, where

their physical powers might be availed of, but where they could learn

nothing, save yes and no, axe and hoe.

By an act passed in 1876, by the legislature, the Marietta and North

Georgia Railroad Company was leased 250 convicts for three years, to

grade its road where the people were too poor to pay for it. The rest

of the convicts the governor was authorized to lease to three

penitentiary companies for twenty years for $500,000, to be paid in

annual installments of $25,000. In a test case by two of these

companies, in the Supreme Court of Georgia it was decided that the

lessees acquired a vested right of property in the labor of these

convicts, which the legislature could not disregard unless their labor

was required by the State, in which case the lessee demanded

compensation. The Supreme Court consequently granted an injunction

restraining the keeper from delivering said convicts to said railroad

company, thereby securing to the lessees a legal right of property in

the labor of the convicts till the contract is legally terminated.

In an investigation of 1896, presided over by Governor Atkinson, Capt.

Lowe, a lessee, testified:

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