"We do not think ourselves liable for the conduct of whipping bosses.

They are given their commissions by the State, and we insist that they

are answerable to the State alone. We cannot direct the whipping of

convicts; it must be done by the bosses. If all the convicts were

disabled by whipping, we think the State would be liable to us for

loss of time, because the whipping bosses are the agents of the

State."

Lessee Lowe admitted he was a close corporation, being president,

secretary, treasurer, boss and everything else of the company, which

held no meetings, had no stock, and declared no dividends.

Attorney-General Terrell held that the convicts were under the care of

the lessees, whose duty it was to see that they were treated humanely,

citing the order of 1887 by Governor Gordon, to prove that while the

whipping bosses were appointed by the governor, they were under the

control of the lessees. Governor Atkinson said that he did not dream

for a moment that the lessees did not consider it their duty to see

that the convicts were properly treated.

Mr. Huff, addressing the legislature, said, that "any attempt at

reformation of the present system is an absurdity, a swindle and a

fraud. It is a damnable outrage. The lessee contract would not stand

fifteen minutes before a petit jury. I could hang any of the lessees

before a petit jury in two and a half hours," said he.

One convict testified that in his case the skin came off with every

blow inflicted by a soaked strap drawn through sand; that twenty

bastard children were in one camp. A female convict testified that

during her prison life of fourteen years she had borne seven children.

A lessee testified that such irregularities as bastard children would

occasionally occur as long as women were guarded by men.

Dr. Felton, addressing the Georgia Legislature, said:

"I stated ten years ago that the State was acting as a procuress for

convict camps; the legislature is keeping up the supply in accordance

with the demand. I repeat the accusation here and now."

In 1895 a number of convicts had their feet so frozen that the flesh

and toes rotted off. Governor Atkinson enlightened the legislature of

the deplorable condition existing in the convicts' camps through the

report thereon by Hon. R. F. Wright, showing nearly fifty misdemeanor

camps. In the chain-gangs were twenty-seven white and 768 colored

convicts; generally both races and sexes being together day and night.

Among these were eleven children under fourteen years of age. Some

slept in rude floorless houses; some in tents on the bare ground, and

a few in bunks. The bedding was scant and filthy, and full of vermin.

The camps were poorly ventilated, the sleeping quarters being

generally sweat-boxes, constructed to prevent escapes. There were no

hospitals and no preparations for comfort or medical treatment. Female

prisoners dressed in male attire, worked side by side with men.

A member of the legislature declared:

"Most lessees would rather see the devil in their camps than a

Methodist or Baptist preacher. I do not urge the bill for the Negro,

but for the safety of homes and property. Crime has increased in the

United States more than in any other country on the globe. I plead for

the orphan boys and girls of the State. Better send them to a

bottomless hell than to James' camp."

Said the lamented Colonel Alston:

"The public knows how hard it is to get testimony in a case like the

lease question. If a guard kills a man, he is not going to tell of it.

If a lessee chooses to whip one to death, who is to know it? If he

starves them, who is the wiser? I never expect to give up the

agitation of this question till I can point to my native State

redeemed, regenerated, and disenthralled from this great sin, and the

finger of shame shall no longer be lifted at her, as a State that is

banking on the crimes and misfortunes of her defenseless and ignorant

population."

Three months after this Colonel Alston was shot dead in the State

Capitol of Georgia, by a sub-lessee during a controversy arising from

the leasing of some convicts; whereupon Governor Atkinson declared

that, under heaven and by God's help, he meant to lift up the

administration of the laws of the State to that high plane that will

put an end to these things.

Mr. Byrd of Rome, Ga., by authority of Governor Atkinson, inspected

the misdemeanor camps in 1897, and reported that private chain-gangs

were being operated against law, and in spite of the decisions of the

Supreme Court of Georgia, and that the average penal camp of the State

penitentiary is a heaven, compared to the agony and torture endured by

the misdemeanor convicts in many of these joints. He said that Mr.

Wright did valiant service for humanity by showing that a bondage

worse than slavery was being inflicted upon the convicts, who were

confined in these "hells upon earth."

In one camp, he said, an ante-bellum residence had been converted

into a prison by removing every window, and closing up every aperture,

leaving not even an auger hole for light or air. In the center of a

room only 18 feet by 20, was an open can, the reeking cesspool of this

dungeon in which sat a sick Negro convict confined in this dark

sweat-box, perishing.

In another camp, after the visit of Mr. Wright, the guards took turns

at beating a convict to death and buried him in his shackles. A

respectable citizen asserted that they caught the convict by the

shackles and ran through the woods dragging him feet foremost, and

that when these facts were sworn to before the Grand Jury of Pulaski

County, it was thought best to hush them up and keep the matter out of

the newspapers, and out of court, as the superintendent of the prison

camp had friends on the jury.

Another case sworn to before the coroner's jury was that of a guard

who had whipped nearly all the life out of an old Negro, who said:

"Boss, is ye gwine to kill me?" The guard replied with an oath in the

affirmative, whereupon the convict begged to be shot and thus freed

from his sufferings. He was chained up to a tree where he died in

thirty minutes.

In another camp a white convict was being boarded at a hotel ten miles

away, and doing a prosperous business at painting, while another white

convict who had been made night guard and given a gun and the keys to

the camp, had it so free and easy that he threw up his job and

decamped.

Mr. Boies of Pennsylvania, in his instructive work, discusses the

convict lease system, and shows that the sentences of Negroes in the

South are double those of white men for the same offenses; that for

petty larceny a Negro may be condemned to the criminal class for life,

albeit he had to steal or starve. He shows that the criminal machinery

of the South is frequently used to nullify the Negro's right of

suffrage; that no hand is extended to lift him up when he falls, and

no effort is put forth for his reformation, and for this reason the

South turns out one-third of the criminals of the whole country; that

Massachusetts expends $20 per capita upon the children of her public

schools, while Mississippi with a heavier tax, expends but $2 per

capita.

In the Evening Star of Washington, D. C., of November 16, 1901, an

exhaustive article on the prison camps of Florida appeared. Although

guardedly, it favored the effort to make the criminal self-supporting,

arguing that as he lives on the public when at large, he should not

be permitted to continue to live on the public when in confinement.

But it admits that the convict lease system is faulty. It says:

"At present, offenders of all grades and ages are thrown together, and

the younger ones learn more evil than they knew at the time of their

arrest, growing daily more depraved and vicious so long as they remain

in bad company. It may be possible, however, to employ most of the

convicts at tasks which will not require their close association,

either at work or in quarters, and if that desideratum can be reached,

the last argument against the leasing of prisoners will be met, and

the system will be continued indefinitely, such minor matters as the

corruption of inspectors, of which Alabama has complained, being

capable of rebuke through legislation.

"There are now thirteen camps in Florida, each one of which is

technically a State prison, and they are under the watch of a

supervisor, who must visit them at least once in sixty days, examine

the buildings, food, clothes, and bedding, question keepers and

convicts as to work, punishment and health, enforce compliance with

the laws and report to the governor every month. All leases are for

four years, and the only cost of its criminals to the State are the

salaries of supervisors and a sum of $300 a year for chaplain service.

"The country expends at least $200,000,000 per annum in maintaining

its convicts. In the city of New York alone, the annual assessment for

that purpose is $6 per citizen.

"Where the labor unions have not prevented it, society has made the

criminal pay his own bills. In the South where the people are

beginning to show a keenness for money that is not surpassed in the

North, but where, as yet, capital is not gathered into such immense

and usable sums as in the central and eastern States, a new policy has

been adopted with regard to the offender. He is generally a Negro,

hence he is sent back to slavery. He is sold to a farmer, a distiller,

a phosphate miner, or a manufacturer, for a term of years, and his

employer pays considerably less to the State than he would otherwise

lay out in wages.

"In Alabama, if a State prisoner or long-termer escapes from his

employer, he must pay into the public treasury $200, and $100 if a

county prisoner or short-termer escapes.

"When an inspector is present at a whipping, the turbulent convict may

be given twenty-one lashes on his bare back; in the absence of the

inspector, the whipping boss is limited to fifteen lashes.

"The guards are of the poor white class, dull and illiterate, and

receive from $20 to $30 per month and their 'keep.'

"In Florida shackling is seldom practiced except as a punishment for

running away, as it interferes with the work of the convict. Guns and

bloodhounds are much in evidence in the convict camps. Nothing is done

for the betterment of the convicts intellectually or otherwise.

Missionaries are graciously permitted to distribute tracts among them.

"White convicts are generally assigned to offices and cook shops, or

become gang foremen. For the white prisoner, whatever his offense,

there is always a hope of pardon, but the Negro prisoner, unless he be

a crap-shooter or chicken thief, congratulates himself on being

consigned to open air work in the convict's camps, for he remembers

how dreadfully easy in Florida it is for a Negro to be lynched."

Judge M. W. Gibbs of Arkansas said he had known white employers in the

South to be in collusion with magistrates to have colored men

committed on the flimsiest pretext, simply that they might obtain more

free labor on their plantations by means of the convict lease system.

The eleventh census shows that in the United States there were 2,468

county jails and only 44 reformatories. There were no reformatories in

Alabama, Arkansas, Florida, Georgia, Mississippi, North Carolina,

South Carolina, Tennessee and Texas.

Great Britain supports over 400 reformatories and inebriate schools,

and they have closed 56 out of 113 prisons and jails in ten years, and

thereby reduced to that extent the amount of material for the

manufacture of criminals.

Said Judge Calhoun, of a recorder's court in Georgia:

"I tremble when I contemplate the future of little boys who come

before me for the first time, and are sentenced to the chain-gang.

Some of them are bright-faced and intelligent; some are orphans; many

thoroughly penitent; and, I believe, nearly all could be reclaimed,

could they be sent to a reform school and surrounded with an

atmosphere that would benefit instead of contaminate."

Mrs. Helen Cook, wife of Hon. John F. Cook, of Washington, D. C., has

established an organization in the District of Columbia, known as "The

Woman's League," which is doing a wonderful work in reducing the

number of those who are brought into the courts to be justly or

unjustly dealt with. Let the good women of the race throughout the

country follow her example and do something to rescue the perishing.

In conclusion, let us hope and believe with the widow of the Sage of

Anacostia, that "Meanwhile Hampton and Wilberforce, Howard and Shaw

and Fiske and Atlanta and Tuskegee and other like institutions are

silently setting the seal of manhood and womanhood upon a race whose

face, with ours, is set toward a higher and better civilization."

SECOND PAPER.

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

BY ATTORNEY I. L. PURCELL.

[Illustration: I. L. Purcell]

ISAAC LAWRENCE PURCELL.

Isaac Lawrence Purcell, the subject of this sketch, was born

July 17, 1857, in Winnsboro, S. C. His father, John W.

Purcell, by occupation a carpenter, was born in 1832 in

Charleston, S. C., being one of the old free families.

Isaac Lawrence first attended a school provided by the

Episcopal Church for Colored youths. He afterwards attended

the public schools of his city and, in 1871, entered

Brainard Institute, Chester, S. C., where he remained one

term. In 1872 he entered Biddle University at Charlotte, N. C.,

where he remained until in the Fall of 1873, when the

color line was removed at the South Carolina University. He

entered the competitive examination for the scholarship in

the South Carolina University from his county, being the

only Colored applicant. In the Fall of 1873 he entered the

South Carolina University, where he remained until the

Spring of 1877, when the act of the Legislature of the State

went into effect again drawing the color line, so he with

the other Colored boys had to leave.

Mr. Purcell returned home, and under his father's

instructions learned the carpenter's trade. He went to

Palatka, Fla., in 1885, where he studied law, and was

admitted to practice law in the Circuit and inferior courts

October 8, 1889, and at once commenced the active work of

his chosen profession at Palatka, Fla.

At the first term of the Circuit Court after his admittance

he represented plaintiffs in several large damage suits, two

against the city of Palatka; in both he got verdict for his

clients; one was appealed to the Supreme Court. He was

admitted to the State Supreme Court January 19, 1891, where

he has successfully represented many cases. January 19,

1897, he was admitted to the United States Circuit and

District Courts, and November 8, 1901, was duly admitted to

the Supreme Court of the United States. He has represented

some of the most important cases coming before the courts of

his State. He came to Pensacola, his present home, in

February, 1899, and has by his energy and ability built up a

fine and growing business.

In politics he is a Republican, and has attended as a

delegate every State, congressional and county convention

since coming to the State, several times presided over State

and congressional conventions, was for twelve years chairman

of the Republican Executive Committee of his county, Putnam.

For many years an alderman of the city of Palatka, Fla. In

1895 he was elected as a delegate to the Republican National

Convention which convened in St. Louis, 1896. He has never

held any office of profit, always honest and fearless in his

opinions and his advocacy of right.

His private life has always been consistent; while not a

member of any religious denomination, always attends the

services of the Episcopal Church; is a temperate man; is

generous and kind in disposition; was married October 24,

1895, to Miss E. L. Andrews, of Orangeburg, S. C.

First: What constitutes a court? In the South as in the North and

other parts of the country, to constitute a court, there must be a

judge, whose duty it is to preside over the court, a sheriff and

deputies, and a State's solicitor, who looks after the interests of

the State, and last, but by no means least, comes the jury, whose duty

it is to discharge or pass on the innocence or guilt of the prisoner

according to the law and evidence as offered; it requires all these to

constitute an organized court of law.

First: The judge should be a man selected on account of his nobility

of character, of heart, of soul and of mind; a man of experience and

training, a man of affairs, learned in the affairs appertaining

strictly to his branch, as also in literature and science; a man

merciful, kind and generous, of a sterling character, temperate,

though positive and unbiased by private opinion, in a word, he should

be a man, the representative of justice, though not usurping that

power as abiding in himself, but as the instrument of that power;

whose moral character ought to be without blemish, a man whose habit,

integrity, shrewd judgment and wise counsel place him above the

average man, making him of the people and for the people.

Sheriffs and deputies ought to be honest and fearless, having the

highest regard for the life and liberties of the people; they should

be kind and generous, yet positive and fearless, ever ready to defend

the life and liberties of the people, using their office only in

consonance with the prescribed law in aiding the conviction of crime,

but not as a means of revenging personal wrongs or injuries of the

people whose color is their only sin.

THE JURY: The jury ought to be composed, if possible, of men of

learning, whose moral character, love of truth, unbiased by racial

prejudice or private opinions, being only representatives of the

people, who in the name of the people adjudge, condemn or acquit

according to the evidence, not from any private opinion, but governed

by such law as is made in the statement of the judge bearing upon the

case given previously to their retiring; if these men of learning can

not be found, as in most cases, let others who, for the above

qualifications minus learning, be substituted in their stead. In the

selection of the jury in the most cases they come as the most refined

element of the scum and refuse of the party class, whose labor in the

election of some democratic officer, can only be rewarded under these

terms; being unqualified to fill even the most inferior office of

their party, in a majority of cases, not even one of these is

acquainted with even the lowest element of learning, and if,

perchance, one can be found, he is made foreman. The Negro is never

thought of, but if, perchance, one should be selected, and in such a

manner is he prominent, even his color makes him conspicuous, he also

is on a par with his companions; men of influence are never selected.

Before I conclude with the jury may I say a word of those who select

them? In most States they are selected by the county commissioners, in

some by a jury commissioner. These commissioners, in most cases, are

none other than tools, instruments who have no minds of their own, but

like a reed before a gust of the mighty wind that blows nobody good,

as serfs and pampered menials bend irrespective of that higher

principle, that innate quality of man that places him above the brute

creation, serving in abject slavery for the carrying out of party

crime and cunning as well as subtle devices.

A court constituted of such elements as described, is an "Ideal One."

One to be desired, and the only one at whose hands justice, and only

that as gold refined, shall be tried, counterpoised and mete out to

every man justice, in the name of Heaven and at the hands of man.

But may I ask how are our courts of the South constituted? are any two

of the above qualities to be found in the most prominent of our

Southern courts of criminal jurisdiction? If Diogenes of old would

seek in our Southern courts for such a man, hereto, as in Greece, such

an one could not be found, for truth is no longer enthroned on its

sacred altar.

Having defined the true elements of which the courts of our Southland

are constituted, I shall pass to consider, THE MANNER IN WHICH THE

Negro is dealt with in these courts. Is the criminal Negro justly

dealt with in the courts of the South? is a question that I think is

more frequently asked than words can answer, language describe, or

man's wisdom unravel. Our woes have gone out to the ends of the earth

and, the stagnant waters can no longer contain its contaminating

germs, and now, even on the other side of the globe, we hear the

re-echo of our cries from this damnable cruelty wafted back to us by

the zephyrs that sustain expectations impregnated with hope telling of

some bright future.

What of the Negro in the sunny South? what of his rights as a citizen?

what of his treatment at the bar of justice? are questions also

propounded on the other side and since the trial cause of the alleged

rape has been made clear, we expect and are looking forth to the dawn

of a brighter future.

In our civil courts, in other words, our courts where property rights

are tried, I must say, that where tenement rights are concerned,

justice is meted out to the Negro even against the white man when

elevated to our higher courts, this is the only sphere in which a

lenient form of justice is prescribed and given the Negro. The same

cannot be alleged of him when his life, his liberty, or reputation or

citizenship is at stake.

Against a fellow Negro, he is in some instances protected, as against

a white man, seldom, if ever. In this latter it is not justice that is

the object of our courts, but the impeachment and condemnation of a

fellow man, giving vent to a vindictive racial prejudice. Be the crime

of the Negro ever so trivial, when against the white man, the sheriff,

having to carry out the oath; the jury, their party plans; the judge,

his selfish means; and, therefore, no evidence, however palpable,

however substantial and convincing can shield the Negro under such

instances. The skin of a white man being held sacred, cannot be

violated or polluted by the touch of the Negro's hands, be it in

self-defense, or in defense of his manhood, or in the defense of wife,

daughter or some other female relative. On the other hand, seldom, if

ever, can a white man be convicted when charged with striking a Negro,

or for any insult he may offer to his wife, sister, daughter or

mother; the juries being all white, they consider this no crime for a

white man.

May we notice the following facts of the records of our courts; may I

here testify and, without a fear of successful contradiction, that by

these, as matter for the criminal statistics of the race serves no

purpose.

First: Because our best citizens, the better class of our thinking

men and the most virtuous of our people are not tried at the hands of

an impartial jury, and innocence made to bear the stamp of guilt, can

in no way be accounted justice; for instance, in a case of assault and

battery, although the party charged is able and does prove, by legal

evidence, that his actions were prompted only by resistance in

self-defense, however convincing, if a white man can be found, if even

he does not know anything, but can allege a negative, this unjust

evidence counterpoises the balance of justice and the Negro is found

guilty. If, on the other hand, larceny be charged, it is almost an

impossibility even to attempt to defend, if there be a white witness

against you, it being taken for granted that every Negro is a thief.

Now in courts of justice according to my judgment, and according to

the law, every man is presumed to be innocent until his guilt is

proven beyond a reasonable doubt, by legal evidence, and such evidence

must be furnished or obtained by the prosecution. But men are daily

convicted in our courts, simply because they are Negroes.

In concluding, let me say, that a majority of my people labor under

appalling disadvantages, but I hope that the time is not far distant

when our courts will be constituted as the "Altars of Justice," the

judges and their associates, as its priests, and the American citizen,

be his color what it may, can come and there receive at the hands of

unblemished and unspotted servants redresses for wrongs, compensation

for impeached innocence and justice for his wrongs.

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