Twentieth century Negro literature : $b or, A cyclopedia of thought on the vital topics relating to the American Negro
History
Twentieth century Negro literature : $b or, A cyclopedia of thought on the vital topics relating to the American Negro
African Americans -- History
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.
Public-domain text, read in full here on John Shaqi.
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