justice, he does not evade the Constitution, he does not defy the acts of Congress, he does not frame tariff schedules, he does not assume divine vice-gerency, he does not water stock and crush competition and servilize millions, he does not even buy and sell franchises, nor divide rake-offs, nor stuff ballot boxes, nor muzzle the press, nor indulge in other such venialities. But is there any one that does not know the reason? The Negro is not equal to these iniquities. There fail him both ability and opportunity. But if any one doubts for an instant that, according to the measure of his might, he has improved and will improve whatever stray chance may fall in his way, in fashion that would even make St. Louis blush, we would respectfully recommend to such a Nathanael a study of Presidential nominating conventions or any faithful history of Reconstruction. [40] Here is the penitentiary record for 1900: Whites. Negroes. Convicts 253 2,147 ----- ----- For Homicide 59 366 " Rape 3 41 " Arson 3 38 " Forgery 7 42 " Burglary 34 432 ----- ----- " Major offences 106 919 ----- ----- Population per felon 3,270 317 But has not the last decade abated the "criminal tendencies" which Professor Dubois so deplores? _On the contrary._ Complete reports have not yet been issued, but the general facts lie open to view. The annual summaries of the Chicago _Tribune_ show that the Negro maintains his lead easily. In 1902, there were judicial hangings 144: Negroes 85, Whites 56, Indians 2, Chinaman 1; for murder 133, for rape 9; South 101, North 43. There were lynchings, 96: Negroes 86, Whites 9, Indian 1; for murder 41, rape 30; South 87, North 9. The number of lynchings has, indeed, steadily decreased from 235 in 1892 to 96 in 1902--and not strangely. Atrocious as such forms of rudimentary justice undoubtedly are, and severely reprehensible, to be condemned always and without any reserve, it cannot be denied that they have a certain rough and horrible virtue. Great is the insult they wreak on the majesty of the law and brutalizing must be their effect upon human nature, yet they do strike a salutary terror into hearts which the slow and uncertain steps of the courts could hardly daunt. In witness stands the fact that lynch-lightning seldom strikes twice in the same district or community. Such frightful incidents tend to repeat themselves at wide intervals, both of time and of place.