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
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
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