COLORED LAWYERS.
In this chapter, I do not attempt to call attention to anything like
all of the successful colored lawyers. I simply select from the
hundreds of prominent men practising law in courts throughout the
United States, two: D. Augustus Straker and T. McCants Stewart.
D. AUGUSTUS STRAKER.
D. Augustus Straker was born in Bridgetown, in the Island of Barbadoes,
one of the West Indies, on July 11, in the year 1842.
His early education was fostered by his mother, a pious and industrious
woman, who took great pride in her only child, and strove by the labor
of her hands to give him a liberal education, his father having died
when he was eleven months old.
He received a good English education at the Central High or Preparatory
School of the island, under Robert Pierre Elliott, of Battersea,
England, and afterwards received supplementary training in philosophy
from lectures given by R. R. Rawle, Principal of Codrington College,
as well as private instructions in Latin, Greek and French, from Rev.
Joseph N. Durant, D. D., of said island. At the early age of seventeen
years he became school-master of one of the principal schools of the
island.
[Illustration: HON. D. AUGUSTUS STRAKER.]
In 1867, he was induced, with two others, by the invitation of Rt. Rev.
B. B. Smith, of the Episcopal Diocese of Kentucky, U. S. A., on hearing
preached a sermon on the cruelties of slavery and the deplorable
ignorance of his race in the United States, upon their emancipation
from bondage, to come to the United States and engage in the uplifting
of his race, by teaching in the schools of Kentucky, under the auspices
of the Avery P. E. Institute and the Freedmen's Bureau, under the
superintendence of the Christian soldier, statesman and humanitarian,
General O. O. Howard. Before leaving his native land he had commenced
the study of law, preparatory to entering the Middle Temple, England.
While teaching school in Kentucky he was persuaded to prepare for the
ministry in the P. E. Church, but did not enter upon such duties, owing
to the prejudice against color and his race, even in said church, an
inconsistency which he could not reconcile with Christian practices.
In 1868 Hon. John M. Langston, then Dean of the Law School of Howard
University, was engaged in lecturing through the South, upon the
advantages of said institute to the colored race, and the opportunity
afforded to receive a professional education therein. Mr. Straker
attended one of such lectures, and was attracted to the University.
He gave up his theological studies and returned to his first love,
entering Howard University Law School as a law student in 1869,
in a class six months advanced. He graduated in 1871, with honor
and distinction, and at Commencement delivered an address on "The
Necessity for a Common Tribunal Among Nations for the Arbitration of
International Disputes." His views then are greatly verified as to the
necessity of such a tribunal, by the experiences of the present day.
His learning in the law and masterly discussion of the subject secured
him the praise and commendation of the scholar and statesman, Hon.
Charles Sumner, of Massachusetts.
While studying law, he secured a clerkship in the Sixth Auditor's
office of the U. S. Treasury, in which post he remained until 1875. In
1871 he was married in Detroit, Mich., to Miss Annie M. Carey, his
present wife, with whom he now lives, having had no children born to
them.
In 1875, he resigned his position in the Treasury Department, and went
to South Carolina as Inspector of Customs, at Charleston.
In 1876, he resigned said post, and began the practice of his
profession in the town of Orangeburg, S. C., and soon was recognized as
a capable criminal lawyer by his white brethren at that bar, and the
community in general. In the fall season of said year, he was elected
to the General Assembly of that State, and took his seat in the famous
House, well known as the Hampton-Mackey dual Legislature, by which
Governor Chamberlain, the duly elected Governor of the State, was
driven from his post. Mr. Straker was not long a member, because of his
eviction with others, on account of his politics, he being one of the
most prominent Republicans of the State. During this period Mr. Straker
suffered much persecution at the hands of his political opponents,
the Democrats, in this struggle. He returned to his constituents
and was re-elected in 1878. He was again denied his seat. He was
again elected in 1880, and again denied his seat, although on both
occasions receiving larger majorities than his political opponents. The
grounds of objection were that "he was not a citizen," although his
naturalization papers were produced and the proof of his citizenship
evident and conclusive.
In 1882 he was elected by the Trustees, Dean and Professor of Common
Law in the University Law School of Allen University, Columbia, S.
C., an incorporated institution of learning, under the auspices of the
A. M. E. Church. In 1883, he presented a class of four colored youths
to the Supreme Court of that State for examination for admission to
practise law, the result of his sole instruction--the institution being
too poor to hire a corps of law instructors. These colored youths,
the first in the history of the State, were examined in open court,
and having passed a most creditable examination, as told by the court
in open session, were admitted to practice, and became members of the
learned profession, and the peers under the law of those who, but
less than a quarter of a century before, held them or their parents
in slavery. In 1884, another class was presented by Mr. Straker,
examined and admitted by the court. Mr. Straker, having now severed his
connection with the law school, resumed the practice of his profession
at Columbia, S. C. He won great distinction in the management as
attorney for the defendant in the celebrated murder case of the State
vs. Coleman, reported in 12th S. C., the defence being insanity, in
which Mr. Straker was declared to have shown deep research in the law
of the plea of _transitoria mania_.
The prejudice of the community keeping distinct all business between
black and white of a professional character, Mr. Straker was unable to
support himself and family by his profession in the South, and after
giving the same a fair test, and spending fourteen years of his life in
the endeavor to uplift his race in the South, was compelled to seek
a new field. He came to Detroit, Mich., in 1887, bringing with him,
from his white fellow-citizens, the highest testimonials of ability
and character, who, while they disliked him politically, admired and
recognized his legal ability. This, with his own natural energy and
legal acumen, soon gave him distinction in his new home. He soon found
himself in a fairly lucrative practice, and had for his clients a
large number of whites, his own race being too poor to afford such. He
distinguished himself as an advocate of ability, as was seen in his
victory of the Civil Rights case of Ferguson vs. Gies, 82d Michigan,
which decision settled the status of the colored citizen within
Michigan, as to his right to accommodation in public places, equally
with his white fellow-citizen. His legal argument in this case fully
showed him a capable and learned attorney-at-law.
He rose at once to great distinction at the bar of Detroit, and his
white brethren at the bar soon recognized him as a good lawyer, a
gentleman in his manners, and a faithful advocate. This recognition
was made manifest in his election in 1893, to the office of Circuit
Court Commissioner for Wayne County, Michigan, a District at that
time accredited with a Democratic majority of 4,000 voters; while Mr.
Straker was an uncompromising Republican. Mr. Straker's opponents for
this office were all white citizens. He was re-elected to same office
in 1895, by a majority of over 7,000--his opponents again being all
white citizens. He now holds said office, and is spoken of for a
third term, which he is likely to obtain, if not deprived through the
divisions of a few of his own race, who seem in many instances not
content to see one of their own rise to distinction.
Mr. Straker is widely known throughout the United States, having
lectured in many States, and attended wellnigh all of the principal
conventions, held by his race, since emancipation. He is a contributor
to the newspapers and magazines of his race, and also of some of the
Anglo-Saxon.
He is an author, having written a book entitled, "The New South
Investigated," which has received the widest commendation for its
cleverness, impartiality and good taste. He has also written a unique
law pamphlet, on the "Larceny of Dogs," showing conclusively that
punishment for stealing dogs can only be by statute, dogs being at
common law of no value. His pamphlet on "Reflections on the Life and
Times of Toussaint-Louverture" is interesting and shows great race
pride in the writer.
On December 14, 1895, at a Conference of Colored Men of the United
States, held in the city of Detroit, Mich., Mr. Straker was chosen
President of the National Federation of Colored Men of the United
States of America; an organization established by said conference for
the purpose of seeking a remedy, or putting an end to the barbarous
practice of lynching colored men in the Southern States, for alleged
offences, without trial by law. Already Mr. Straker has placed
this organization in the confidence of his race and their white
sympathizers, and much good is expected from the agitation created by
it of the wrongs done the colored people in the South, both as to their
civil, as well as their political rights.
T. McCANTS STEWART.
Mr. T. McCants Stewart is one of the most remarkable colored men in
the United States: he is a lawyer of unusual ability. He was born in
Charleston, S. C., December 28, 1854.
After graduating from the common schools in June, 1869, he entered the
Preparatory Department of Howard University, Washington, D. C., and
finished the course, entering college in September, 1871. He stood at
the head of his class throughout the course, making special record in
the foreign languages, in belles lettres, and as a public speaker. In
the summer of 1871, he lectured at various places in Virginia. Although
a very young man, being then only seventeen years of age, he was heard
by large audiences and took back to Howard University enough money to
get well started in his college course. In the midst of his junior
year, feeling that the facilities for the study of the sciences were
better in the University of South Carolina than at Howard University,
Mr. Stewart left the latter and entered the former institution, and
in December, 1875, he graduated, at the head of his class, from the
College and Law Departments of the University of South Carolina,
delivering the valedictory oration, and receiving the degrees of
Bachelor of Arts and Bachelor of Laws.
[Illustration: T. McCANTS STEWART, ESQ.]
Gen. Robert B. Elliott, one of the ablest men of his day, and, at that
time, one of the most successful practitioners at the South Carolina
bar, took Mr. Stewart into partnership and formed the law firm of
Elliott, Dunbar & Stewart, which firm was retained in many important
cases. Mr. Stewart began his professional career in a murder case, in
which there was unusual interest in every part of the State. The ablest
attorneys and counsel appeared for the people and Gen. Elliott and Mr.
Stewart appeared for the defence. The General guided his young partner,
but imposed upon him the burden of the work.
Mr. Dunbar died early in 1876, and Hon. D. Augustus Straker, now
Circuit Court Commissioner, Detroit, Michigan, entered the law firm
which then became Elliott, Stewart & Straker. The firm practised in
several counties of the State. Wherever he appeared, Mr. Stewart's
management of his cases was highly skilful, and he was usually
successful. The Clarendon _Press_, a newspaper edited and published
by Southern white men at Manning, S. C., makes this reference to
Mr. Stewart's appearance in court there: "We must admit that Mr.
Stewart displayed signal ability in the management of several cases.
His respectful manner and modesty have created for him a favorable
impression amongst the people."
In 1877, Mr. Stewart accepted the chair of Professor of Mathematics in
the State Agricultural College of South Carolina, at Orangeburg, S. C.
He resigned in 1878 to attend the post-graduate course of philosophy
at Princeton College under Dr. James McCosh, and he also pursued the
theological course in the seminary there. He went to New York in
1880, and made a national reputation in the ministry as an earnest
and eloquent preacher. In November, 1882, he resigned from the church
to accept the position of Professor of Belles Lettres and Law in the
College of Liberia, on the West Coast of Africa. After traveling in
Europe, he went to Liberia, remaining there until January, 1884. He
returned to the United States and was appointed General Agent for
Industrial Education in Liberia, West Africa. He traveled extensively
in the New England States, making addresses in the principal cities.
He was everywhere received with great enthusiasm, and Joseph Cook gave
up the platform of Tremont Temple to Mr. Stewart, who made a brilliant
address there on March 23, 1885, to an audience which applauded him
heartily, and his address was subsequently published in full in the New
York _Independent_ of April 2, 1885.
In the fall of 1885, Mr. Stewart decided to return to the practice of
law, and in January, 1886, he was admitted before the General Term of
the Supreme Court of the State in New York City. The New York _Freeman_
of January 9, 1886, contained this reference to the proceedings in
Court:
"On Wednesday morning, before the Supreme Court in General Term,
Algernon S. Sullivan, Esq., rose and submitted the papers of T. McCants
Stewart, signed by Chief Justice Simpson of the South Carolina Supreme
Court; and after a brief and generous reference to Mr. Stewart's
ability and character, moved that he be admitted to practise law in
the courts of New York. Hon. A. M. Keiley, late minister to Austria,
seconded the motion. Mr. Keiley said he deemed it a great privilege
to speak in behalf of this learned and well-beloved member of the
African race, and was sure the members of the bar would extend to Mr.
Stewart a fraternal welcome. Mr. Stewart was then sworn in. Ex-Governor
Chamberlain, who was absent from the city, joined Mr. Keiley in
seconding the motion for admission."
Mr. Stewart has been a very successful practitioner, and has appeared
in several important cases. He has confined himself to the civil
practice, and enjoys the unusual distinction of having his efforts at
the bar commended in the written and published opinions of several
judges. In a decision, rendered by the Court of Appeals, which is the
tribunal of final resort, the court says: "On the argument here, the
accused (convicted of murder) was represented by counsel of his own
race, who argued the case with courage and zeal, and a professional
ability worthy of commendation" (140 N. Y., 359). In an opinion by the
Surrogate's Court of the city and county of New York, the Surrogate
says: "The masterly argument of counsel for the contestant greatly
impressed me. His conduct of the proceeding has been so admirable
that I feel it to be my duty to commend him. He has throughout the
case displayed all the qualities of a safe adviser and a skilled and
eloquent advocate. His appearance before me will always be welcomed,
as his unusual ability, learning and industry will greatly aid me in
disposing of any proceedings in which he may be employed" (5 N. Y.
Sup., 23).
Mr. Stewart ranks high as an orator. He is also an author, his
best-known book being "Liberia; The Americo-African Republic," and he
is a frequent contributor to literary publications. He was a member of
the Board of Education of the city of Brooklyn, N. Y., 1891 to 1895.
Served as chairman of the Committee on Rules and Regulations, and on
the Committee on Law, on Studies, and on Free Scholarships. While on
the Board, he succeeded in removing the word "colored" entirely from
the school system and was instrumental in having colored teachers
appointed to mixed classes of white and colored children.
Since the first edition of this book was issued Mr. Stewart has given
up his practice in New York and moved to Honolulu, Hawaii, where he is
meeting with very great success in his profession.