The time is coming when all racial prejudice shall have passed away,

and when color will no longer impede our obtaining what is due us, and

when the Negro will receive a fair and impartial trial before a jury

of his peers; then will justice and equity rule sublime, and the Negro

being protected in all his rights; his liberty, life and reputation

will be held sacred, and virtue and worth will be considered; and man,

the prince of God's creation will be crowned for doing justice unto

man.

THIRD PAPER.

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

BY GEORGE T. ROBINSON, A. M., LL. B.

[Illustration: Capt. Geo. T. Robinson]

CAPTAIN GEORGE T. ROBINSON, A. M., LL. B.

George Thomas Robinson was born in Macon, Miss., January 12,

1854, of slave parents. An orphan, in 1865, he set out to

fight life's battles with no one to guide and protect him.

He has risen to a place of distinction--a journalist of

note, a lawyer of high standing, a learned professor of law,

an orator of repute, a molder of thought, and a reformer. He

received his first inspiration from a remark which he heard

Hon. C. S. Smith, now a bishop in the A. M. E. Church, make

to a public school of which he was a pupil. It was: "A boy

can make of himself whatever he has a mind to." George said

to himself, "I will make speeches, too." Since that time

Captain Robinson and Bishop Smith have delivered many

addresses together. They spoke at the Emancipation

Celebration in Nashville, 1st of January, 1892, which took

place in the Representative Hall of the capitol. They were

the principal speakers.

An afternoon paper on the 2nd said: "The ablest address of

the occasion was delivered by Capt. George T. Robinson on

Abraham Lincoln. The speaker electrified the audience."

"Cap." Robinson graduated from Fisk University in 1885 and

from law in Central Tennessee College, now Walden

University, both of Nashville, Tenn. He is a professor of

law in the university.

In 1875 he refused a seat in the Legislature of Mississippi,

in order to complete his education. In 1886 he delivered the

commencement address at Lane College, Jackson, Tenn.; the

same year he began the publication of the "Tennessee Star"

in Nashville. In 1887 he was made a Captain in the Tennessee

National Guard by Governor R. L. Taylor, In 1888 he was on

the invitation committee to invite President Cleveland to

Nashville and served on Gen. W. H. Jackson's staff as

commander of a division in the parade. In 1893 he was a

nominee on the Citizens' ticket for the city council. In

1896 he was appointed a member of the executive committee of

the Negro department of the Tennessee Centennial and was

chairman of the Military Committee. But the entire committee

resigned before the exposition opened.

Settling in Nashville in 1886, he soon forged his way to the

front and became a champion of Negro rights. Hon. George N.

Tillman says of him: "He is one of the best and ablest men

of his race in the State." Bishop Evans Tyree says:

"Professor Robinson is a giant physically and mentally." Mr.

Robinson's fame rests on his journalistic career.

The "Star" was regarded as one of the ablest edited Negro

journals ever published. After several years of successful

work for God and humanity, it consolidated with the

"Indianapolis Freeman."

The "Star" made its advent in the midst of a big social

scandal with a pastor of the most prominent Baptist Church

in the city, the central figure. With the large following

the divine had, it was not only unpopular, but dangerous to

fight him, especially since he had been acquitted by the

courts; and a large majority of his congregation endorsed

the verdicts. The editor routed the opposition. He told the

preacher that he had to quit that pulpit and leave the city.

This was the beginning of a reformation in colored society

in the city which was far reaching, and brought editor

Robinson into prominence. "He woke up one morning and found

himself famous." His article, "A Pure Ministry," caused the

reformer to be welcomed to Nashville as a Moses.

I answer this question in the negative.

There are some exceptions, but proof is too abundant to gainsay the

assertion.

In the first place, all of the machinery of the law is in the hands of

the white man. He is judge, jury, sheriff, constable, and policeman.

Race prejudice and antipathy so over-ride reason, that the average

dispenser of justice is blinded to a sense of right, especially when a

white man appears against an accused Negro. What is sop for the white

man, is not always sop for the black man. As a matter of fact, the

black man is discriminated against in everything in the South, and it

would be unreasonable to expect the courts would do otherwise.

The presumption of law is that the accused is innocent, and that

presumption stands as a witness in his favor until overcome by

credible proof. But in the average court of the South, this applies to

white men only. The Negro is presumed to be guilty, and the burden of

proof is placed upon him to establish his innocence.

Cases have come under my observation where the accused Negro was not

only tried without being represented by counsel, but on ex parte

evidence, the black defendant not being permitted to testify in his

own behalf or to introduce proof. These cases were not in courts of

record.

The organic law of the land guarantees not only trial by jury on an

indictment or presentment, but entitles the accused to be heard by

himself and counsel and to introduce witnesses. In some instances, the

accused is not even in court. The matter is prearranged and the

imprisoned wretch is informed afterward and forced into agreeing to

the "sentence," as the easiest way out of trouble. It is a rare thing

now to see a Negro on a jury In the South.

Even the Federal courts are ignoring him. A white man does not

consider a Negro his peer. Then from a white man's standpoint, a

colored man tried by a white jury is not tried by his peers.

The Constitution is violated in letter and spirit, in order that the

criminal Negro may not be justly dealt with. The greater the demand

to keep the convict ranks filled up, the more unjustly is the black

criminal dealt with in the severity of the sentence.

The very fact that Negroes are not permitted to serve on juries, even

when all the parties are black, proves that it is for the purpose of

preventing justice being done the accused Negro.

One of the most popular courts in the South is the Court of Judge

Lynch. This "court" comes pretty nearly voicing the sentiment of the

section where it thrives and does a large business. Members of this

court are summoned as jurors to try Negroes, in legal courts, and thus

the mob spirit is carried into the very temple of justice and is meted

out to the black criminal in the name of the law. In such cases, who

could expect a just verdict? Again, the professional juror, believing

his job depends on the number and severity of the convictions of

Negroes, is always ready to strain a point in order to convict.

Instead of giving the accused the benefit of the doubt, he seeks to

ease his guilty conscience by rapping criminal laws.

The Negro who outrages the person of a female, is worthy of death--a

legal death. His crime is no less heinous because his victim is

colored--the crime in either case is blacker than the hinges of

midnight.

A mob composed of white men takes the ravisher of a white female and

burns him at the stake or hangs him and riddles his body with bullets

or dismembers his body.

In such a case the criminal is not only unjustly dealt with, for both

the moral and civil laws are violated, but a great sin is committed

against society, the moral sensibilities are blunted and the crime

intended to be suppressed is given new impetus.

Mob violence is the violation of every penal law. The victim has no

show whatever.

A mob is not composed of men who have it in their hearts to respect

the rights of the victim of their fury.

This is the cause of so many innocent, inoffensive Negro men, women

and children perishing at the hands of mobs. Mob violence leads to the

utter disregard for law and order, and increases crime, making

criminals of "some of the best citizens."

There can be no such thing as dealing justly with the criminal Negro,

as long as the rule is to deal unjustly with all Negroes.

For instance, take the black laws, notably the Jim Crow car laws and

the infamous election laws, the most outrageous ever inflicted upon a

free people. The Negro has been legislated out of the legislative

halls, leaving the white man clear sailing in enacting unjust laws

which discriminate against all Negroes alike, regardless of condition,

culture, refinement, wealth, position or station.

The law places the mark of Cain upon him. His aspirations and

ambitions must be curbed in spite of his fitness by character and

training. The worthlessness of the Negro does not cause the opposition

that the prosperity of the best of the race does. The legislator and

constitution maker aims his darts at the latter class.

This state of affairs obtains in every Southern State; and the fact

that the ballot, our only safeguard, has been taken from us, shows

that the criminal Negro need not expect to be dealt with justly.

The nearest approach to fair play is to be had in the larger towns and

cities of the South, and even here the chances are against the Negro.

But it will not always be thus. A change will come sooner or later.

Let us be courageous, do our best and trust in God.

FOURTH PAPER.

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

BY ATTORNEY J. THOMAS HEWIN.

[Illustration: J. Thomas Hewin.]

J. THOMAS HEWIN.

J. Thomas Hewin was born in Dinwiddie County, Va., December

24, 1871. His parents were slaves. He was left an orphan at

the age of thirteen, with no knowledge even of the alphabet.

At the age of seventeen he was seized with a desire for an

education. Finding no opportunity for mental improvement, he

went to Richmond, Va., in 1889, where he found employment in

a stone quarry. He took his books with him and studied at

meal-time. In the fall he became janitor of a business

college. Finding that he could do his janitor work mornings

and evenings, he entered the public school of Richmond and

afterward graduated from the Richmond Normal School as

valedictorian of his class.

So thrifty was Mr. Hewin, that when he graduated from

school, he had a bank account of $1,375 to his credit.

He also graduated from the Boston University Law School, and

after returning to his native state was admitted to the bar.

He was especially helpful to the unfortunate of his race.

He organized in Richmond the Anti-Deadly Weapon League among

the young colored men of the place, for which he received

the commendation of the press and people. He is a member of

the Baptist Church, an ardent worker among his people, a

power as an organizer and an orator of the Frederick

Douglass type.

For a man of color to approach a subject of this kind, first of all,

he must crucify "self." He must not imagine that he is writing to suit

the whims, fancies and caprices of a single individual, but must

confine himself to the pure and unadulterated truth. To discuss this

question from a lawyer's point of view, that is to say, by detailed

cases, would be unintelligible to an ordinary layman's mind.

Therefore, we must confine ourselves to the subject from a layman's

way of understanding legal matters. The Negro occupies to-day a

peculiar position in the body politic. He is not wanted in politics,

because his presence in official positions renders him obnoxious to

his former masters and their descendants. He is not wanted in the

industrial world as a trained handicraftsman, because he would be

brought into competition with his white brother. He is not wanted in

city positions, because positions of that kind are always saved for

the white wardheeling politicians. He is not wanted in State and

Federal offices, because there is an unwritten law that a Negro shall

not hold an office. He is not wanted on the Bench as a judge, because

he would have to pass upon the white man's case also. Nor is he wanted

on public conveyances, because here his presence is obnoxious to white

people.

But let us not lose sight of our subject which is: Is the criminal

Negro justly dealt with in the courts of the South? Permit the author

of this article to say that there is no section in this country where

there is not some prejudice against the Negro.

Whether the Negro be tried for a crime he commits in the North or

South, he will get as fair a verdict upon the law and evidence as

presented in a Southern court as in the courts of any State in this

Union. When we see such awful examples of brutality and inhumanity as

occur in some sections of our common country against the Negro, we do

not wonder that people who live in distant lands say that there can be

no justice for a Negro in the Southern States. This assertion has been

repeated so often, that now it is a common thing for men to say that a

Negro can get no justice in the South. Yet it is important for us to

note that not one of these miscarriages of justice is traceable to the

partiality of the courts. They are the result of men's prejudices, who

are not willing for the Negro's case to be tested upon its merits,

because they know that in nine cases in ten he would be acquitted in a

court of justice; and for this reason they take the law into their own

hands, rather than submit it to an intelligent, cool and unprejudiced

judicial body as every court is. Is there a man under heaven who would

charge this state of affairs up against the courts of the South?

Certainly, no one can be found who would do it. It has been my

experience in my State in the trial of criminal cases that in nine

cases out of ten, the white juries are in sympathy with the poor,

ignorant Negro. I think the game rule will hold good in other Southern

States. When we approach the subject of criminal law, we must

constantly bear in mind that the object of every criminal prosecution

is twofold: (1) to reform the criminal; (2) to make an example of him,

so that the public will be deterred from the commission of the same

offense. It is not the severity of a criminal prosecution that deters

crime, but it is the certainty of punishment, when crime is committed.

While it is true that the courts of the South as constituted, at

present, give the Negro equal justice upon the law and facts of his

case, yet we must bear in mind that a criminal prosecution is not

ended with judgment in the courts. There are other humane principles

to be put into operation, in order that the criminal may receive the

benefits of his punishment. The relation of the Southern courts

towards the Negro in this respect is particularly weak. Splendid

examples of this may be seen in the "Convict Lease System," prevailing

in the States of South Carolina, Arkansas and other Southern States.

Under this system a Negro may be convicted of a felony calling for a

minimum term of imprisonment, and yet serve out a life-time in prison.

It is a system which, instead of reforming the Negro, gradually

re-enslaves him. It has become such an outrage upon justice and common

decency that the eyes of the civilized world are upon the United

States to see how long a democratic government will tolerate such an

outrage upon common justice and a defenseless people. Yet, when we, at

home, begin to trace the causes of this evil, we invariably ascribe

them to the courts of the South. Wrong! Wrong! The courts of the South

are not legislative bodies, but judicial bodies whose function it is

to interpret the laws made, and not to make laws. That right in a

republic, like ours, belongs exclusively to the legislative

department, and not to the judiciary. The failure on the part of the

public to distinguish between the legislative and judicial branches of

the government accounts in a large measure for the criticism that has

been made upon the courts of the South in their dealings with the

criminal Negro. It is well for us to bear in mind that a court cannot

make a law, but can only confine its opinion to the law as it is. It

is a well-known fact that the United States and the several States

composing the same are governed by written constitutions; also, that

in a constitutional government all laws must be uniform in their

operation. Hence, no law can be made that will operate more harshly

upon a Negro than upon a white man who is guilty of the same offense.

The criminal Negro naturally thinks that he is dealt with unjustly in

the court. I have never seen in my practice a Negro who did not think

that a white judge and a white jury were not his enemies, and that

they were looking for false evidence upon which to convict him, and

were not desirous of passing upon his case on the law and evidence as

presented. This, in a large measure, accounts for the enormous fees

paid by Negroes to white attorneys for the simplest trouble they may

get into. They believe that a white man has more influence in a court

than a Negro lawyer, as though the laws were based upon favors to

individuals rather than upon fixed rules of judicial construction. As

for the judiciary of other States, I cannot speak, but for Virginia,

I can and will say, that for the integrity of her judiciary--a fairer

and more impartial set of men cannot be found in this country. Never,

in my life, has anyone of them treated me amiss in their courts, nor

can I point to a single case where snap judgment was meted out to a

man of color, for the simple reason that he was colored. The

experience of my brother members of the Bar in other States seems to

tally with mine in this respect. Though I did once read of a

Mississippi judge who told some colored men who had assembled in his

court to listen to the trial of one of their race that this was a

white man's country, and that Negroes had no business in a court room,

unless there on business. Lest we forget it, we will say it now that

the greatest of all virtues is charity. The numerous complaints we

hear about the maltreatment of the Negro, do not come from within, but

from without. They come from people who know nothing of the position

we occupy in the South. They tell us that the Southern people are our

enemies, that they are doing us all the harm that can be done to any

people. Worst of all, our people in many instances, are silly enough

to believe them--ignorant of the fact that their success depends upon

making their next door neighbors their friends. The same people take

this charge and lay it to the courts of justice. Shame that in a

democratic government like ours a free people should be slaves to such

tricksters whose only object is to create discord among a poor and

defenseless people! When we hear people charging the Southern courts

with treating the Negro unjustly, it reminds us of an old colored lady

who was once warning a young colored man about dying in his sins. The

young man wanted to know if the fire in hell was hot. The old lady

said, "Hunney de olde sinners fetch their fire wid dem." If the Negro

gets a harsh verdict at the Bar in a Southern court, it is because he

brings his fire with him. Just why it is that the Negro cannot see

things in the same light, I do not know. It is a rule of physics that

action is equal to reaction and in the contrary direction. By the side

of that we can put this statement, that a man is worked upon by that

which he works. The Negro, as a rule, labors under the belief that he

is an object of persecution and proscription, and in turn that insane

belief so works upon him that it is useless for anybody to endeavor to

make him believe otherwise. There is one thing I must say before I

close and that is this, that if the Negro wants to break down the

great undercurrent against him in the courts of the South, he must do

all in his power to establish among his own people the element of

caste--a line between the good and bad. He must frown upon those who

do wrong, and uphold those who do right. He must lay aside the old

adage that you must never do anything against your own color. If a man

is my color, and he is wrong, I am against him. If a man is my color

and he is right, I am for him. Let the Negro adopt this as a maxim,

and justice in the courts of the South is his, now and forever.

TOPIC VII.

TO WHAT EXTENT IS THE NEGRO PULPIT UPLIFTING THE RACE?

BY BISHOP GEORGE WYLIE CLINTON, M. A., D. D.

[Illustration: Bishop Geo. W. Clinton.]

BISHOP GEORGE WYLIE CLINTON, A. M., D. D.

The career of Bishop George Wylie Clinton, A. M., D. D.,

furnishes indisputable evidence that merit wins success, and

that industry, joined with native and acquired ability,

cannot be denied pre-eminence. His is a story of a man, who,

starting life with a definite goal in view, has allowed

neither the blandishments of flattery nor the frosts of

discouragement to hinder his progress; but, impressing his

great personality upon all with whom he came in contact, he

moved steadily forward, and is now one of the best examples

of erudition, eloquence and practicability in the Negro

pulpit.

This remarkable man was born March 28, 1859, in Lancaster

County, South Carolina. As a child he was religiously

inclined and thoughtful beyond his years, and none who knew

him was surprised, when at the age of ten years, he became a

member of the A. M. E. Zion Church. When quite young he was

sent to the public school, and afterwards to a private

school where he remained until 1874, when he entered the

South Carolina University. In 1876 when the Democrats

succeeded in electing Wade Hampton governor, all the colored

students were forced to withdraw from said university and

thus, after finishing the Junior Classical year he went to

Brainard Institute, Chester, S. C., from which he graduated

with very high honors.

Young Clinton finished his education by taking Theology,

Greek and Hebrew at Livingstone College. Realizing that the

urgent need of his people was education, he became a

successful and conspicuous educator. For ten years, with all

his energy, he was engaged in the public education of his

people, being at one time Principal of Lancaster (S. C.)

High School and Industrial Institute; and he held a similar

position in the Howard Graded School of Union, S. C. Both of

the above schools made marvelous advancement while under his

management. He founded a private school at Rock Hill, S. C.,

out of which has come the widely known Clinton Institute. As

a writer, Bishop Clinton is easily among the best which the

race has produced. In his style there is wonderful richness,

energy and variety. His chaste, pleasing and conservative

writings made the leading papers of his State seek his

contributions.

He founded the A. M. E. Zion Quarterly Review, which he

issued for two years with increasing success; and in 1892 he

transferred it, free of debt, to the General Conference. His

eminence as an editor was so pronounced that said General

Conference elected him editor of the Star of Zion. During

his incumbency in this office he added to his fame as a

thoughtful, versatile writer, and inaugurated the plan by

which the A. M. E. Zion publication was established.

Naturally, his greatest fame was made in the pulpit, for he

is a most eloquent man, and possesses much magnetism. Added

to a most pre-possessing personality, and a sonorous but

well modulated voice, the Bishop has all the graces of a

finished orator, and all the charms of a deep, earnest

scholar. Like Martin Luther, he intended to study law; but

the Bible overshadowed Blackstone. He began to preach at

twenty years of age and in 1896 was elected Bishop in the A.

M. E. Zion Church.

In spite of a multiplicity of duties, the Bishop finds time

to serve as President of Atkinson College; and so well has

he supervised and managed its affairs, that it is enjoying

great popularity and is maintaining a high intellectual

standing.

He was married, February 6, 1901, to Miss Marie Louise Clay

of Huntsville, Ala. His wife is a highly accomplished lady,

and a soloist of national repute. He has one son, George

William, being the issue of his former marriage to the late

Mrs. Annie K. Clinton. The Bishop lives in becoming style at

Charlotte, N. C., where he owns some valuable, and

well-located property. His mother, for whom he has always

manifested the deepest affection, makes her home with her

distinguished son. Bishop Clinton is yet young; and the

church and the race have every reason to hope for many more

years of the distinguished services of this brilliant

leader.

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