Joel Chandler Harris' life of Henry W. Grady including his writings and speeches
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Joel Chandler Harris' life of Henry W. Grady including his writings and speeches
Grady, Henry Woodfin, 1850-1889
On the railroads, as elsewhere, the
solution of the race problem is, equal advantages for the same
money,—equal in comfort, safety, and exclusiveness,—but separate.
There remains but one thing further to consider—the negro in the
jury-box. It is assumed generally that the negro has no representation
in the courts. This is a false assumption. In the United States courts
he usually makes more than half the jury. As to the State courts, I can
speak particularly as to Georgia. I assume that she does not materially
differ from the other States. In Georgia the law requires that
commissioners shall prepare the jury-list for each county by selection
from the upright, intelligent, and experienced citizens of the county.
This provision was put into the Constitution by the negro convention of
reconstruction days. Under its terms no reasonable man would have
expected to see the list made up of equal percentage of the races.
Indeed, the fewest number of negroes were qualified under the law.
Consequently, but few appeared on the lists. The number, as was to be
expected, is steadily increasing. In Fulton County there are
seventy-four negroes whose names are on the lists, and the
commissioners, I am informed, have about doubled this number for the
present year. These negroes make good jurymen, and are rarely struck by
attorneys, no matter what the client or cause may be. About the worst
that can be charged against the jury system in Georgia is that the
commissioners have made jurors of negroes only when they had qualified
themselves to intelligently discharge a juror’s duties. In few quarters
of the South, however, is the negro unable to get full and exact justice
in the courts, whether the jury be white or black. Immediately after the
war, when there was general alarm and irritation, there may have been
undue severity in sentences and extreme rigor of prosecution. But the
charge that the people of the South have, in their deliberate and later
moments prostituted justice to the oppression of this dependent people,
is as false as it is infamous. There is abundant belief that the very
helplessness of the negro in court has touched the heart and conscience
of many a jury, when the facts should have held them impervious. In the
city in which this is written, a negro, at midnight, on an unfrequented
street, murdered a popular young fellow, over whose grave a monument was
placed by popular subscription. The only witnesses of the killing were
the friends of the murdered boy. Had the murderer been a white man, it
is believed he would have been convicted. He was acquitted by the white
jury, and has since been convicted of a murderous assault on a person of
his own color. Similarly, a young white man, belonging to one of the
leading families of the State, was hanged for the murder of a negro.
Insanity was pleaded in his defense, and so plausibly that it is
believed he would have escaped had his victim been a white man.
Public-domain text, read in full here on John Shaqi.
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