Part 4

The colored man is oppressed by certain universal and deeply fixed prejudices. Those jurors are well known to have shared largely in these prejudices, and I therefore consider that they were neither impartial, nor were they a jury of my peers. Politically and legally they are not my equals. They have aided to form a State constitution which denies to colored men citizenship, and under that constitution laws have been enacted withholding from us many of our most valuable rights. These unjust laws exclude colored men from the jury box and force us to be tried in every case by jurors, not only filled with prejudices against us, but far above us politically and legally, made so both by the statute laws and by the Constitution. The prejudices which white people have against colored men grow out of the fact that we have, as a people, _consented_ for two hundred years to be _slaves_ of the whites. We have been scourged, crushed, and cruelly oppressed, and have submitted to it all tamely, meekly, peaceably; I mean, as a people, with rare individual exceptions,--and to-day you see us thus meekly submitting to the penalties of an infamous law. Now the Americans have this feeling, and it is an honorable one, that they will respect those who rebel at oppression, but despise those who tamely submit to outrage and wrong; and while our people as a people submit, they will as a people be despised. Why, they will hardly meet on terms of equality with us in a whiskey shop, in a car, at a table, or even at the altar of God, so thorough and hearty a contempt have they for those who _lie still_ under the heel of the oppressor. The jury came into the box with that feeling. They knew that they had that feeling, and so the Court knows now, and knew then. The gentlemen who prosecuted me, the Court itself, and even the counsel who defended me, have that feeling.

I was tried by a jury which was prejudiced; before a Court that was prejudiced; prosecuted by an officer who was prejudiced, and defended, though ably, by counsel who were prejudiced. And therefore it is, your Honor, that I urge by all that is good and great in manhood, that I should not be subjected to the pains and penalties of this oppressive law, when I have not been tried, either by a jury of my peers, according to the principles of the common law, or by an impartial jury according to the Constitution of the United States.

One more word, sir, and I have done. I went to Wellington, knowing that colored men have no rights in the United States which white men are bound to respect; that the Courts had so decided; that Congress had so enacted; that the people had so decreed.

There is not a spot in this wide country, not even by the altars of God, nor in the shadow of the shafts that tell the imperishable fame and glory of the heroes of the Revolution; no, nor in the old Philadelphia Hall, where any colored man may dare to ask mercy of a white man. Let me stand in that Hall and tell a United States marshal that my father was a Revolutionary soldier; that he served under Lafayette, and fought through the whole war, and that he fought for my freedom as much as for his own; and he would sneer at me, and clutch me with his bloody fingers, and say he has a _right_ to make me a slave! and when I appeal to Congress, they say he has a right to make me a slave, and when I appeal to your Honor, _your Honor_ says he has a right to make me a slave. And if any man, white or black, seeks an investigation of that claim, he makes himself amenable to the pains and penalties of the Fugitive Slave Act, for BLACK MEN HAVE NO RIGHTS WHICH WHITE MEN ARE BOUND TO RESPECT. (Great applause.) I, going to Wellington with the full knowledge of all this, knew that if that man was taken to Columbus he was hopelessly gone, no matter whether he had ever been in slavery before or not. I knew that I was in the same situation myself, and that by the decision of your Honor, if any man whatever were to claim me as his slave and seize me, and my brother, being a lawyer, should seek to get out a writ of _habeas corpus_ to expose the falsity of the claim, he would be thrust into prison under one provision of the Fugitive Slave Law, for interfering with the man claiming to be in pursuit of a fugitive, and I, by the perjury of a solitary wretch, would by another of its provisions be helplessly doomed to lifelong bondage, without the possibility of escape.

Some may say that there is no danger of free persons being seized and carried off as slaves. No one need labor under such a delusion. Sir, _four_ of the eight persons who were first carried back under the act of 1850 were afterwards proved to be _free men_. They were free persons, but wholly at the mercy of the oath of one man. And but last Sabbath afternoon a letter came to me from a gentleman in St. Louis informing me that a young lady, who was formerly under my instructions at Columbus, a free person, is now lying in jail at that place, claimed as the slave of some wretch who never saw her before, and waiting for testimony of relatives at Columbus to establish her freedom. I could stand here by the hour and relate such instances. In the very nature of the case, they must be constantly occurring. A letter was not long since found upon the person of a counterfeiter, when arrested, addressed to him by some Southern gentleman, in which the writer says:

"Go among the niggers, find out their marks and scars; make good descriptions and send to me, and I'll find masters for 'em."

That is the way men are carried _back_ to slavery.

But in view of all the facts, I say that, if ever again a man is seized near me, and is about to be carried southward as a slave before any legal investigation has been had, I shall hold it to be my duty, as I held it that day, to secure for him, if possible, a legal inquiry into the character of the claim by which he is held. And I go farther; I say that if it is adjudged illegal to procure even such an investigation, then we are thrown back upon those last defenses of our rights which cannot be taken from us, and which God gave us that we need not be slaves. I ask your Honor, while I say this, to place yourself in my situation, and you will say with me that, if your brother, if your friend, if your wife, if your child, had been seized by men who claimed them as fugitives, and the law of the land forbade you to ask any investigation, and precluded the possibility of any legal protection or redress--then you will say with me that you would not only demand the protection of the law, but you would call in your neighbors and your friends, and would ask them to say with you, that, these, your friends, _could not_ be taken into slavery.

And now, I thank you for this leniency, this indulgence, in giving a man unjustly condemned, by a tribunal before which he is declared to have no rights, the privilege of speaking in his own behalf. I know that it will do nothing toward mitigating your sentence, but it is a privilege to be allowed to speak, and I thank you for it. I shall submit to the penalty, be it what it may. But I stand up here to say that if for doing what I did on that day at Wellington, I am to go to jail for six months, and pay a fine of a thousand dollars, according to the Fugitive Slave Law, and if such is the protection the laws of this country afford me, I must take upon myself the responsibility of self-protection; when I come to be claimed by some perjured wretch as his slave, I shall never be taken into slavery. And in that trying hour, I would have others do to me, as I would call upon my friends to help me; as I would call upon you, your Honor, to help me, as I would call upon you (to the District Attorney) to help me, and upon you (to Judge Bliss), and you (his counsel) _so help me God_! I stand here to say that I will do all I can for any man thus seized and held, though the inevitable penalty of six months' imprisonment and one thousand dollars fine for each offense hang over me! We have all a common humanity, and that humanity will, if rightly exercised, compel us to aid each other when our rights are invaded. The man who can see a fellow man wronged and outraged without assisting him must have lost all the manly feelings of his nature. You would all assist any man under such circumstances; your manhood would require it; and no matter what the laws might be, you would honor yourself for doing it, while your friends and your children to all generations would honor you for doing it, and every good and honest man would say you had done _right_! (Great and prolonged applause, in spite of the efforts of the Court and marshal.)

Judge Willson remarked: Mr. Langston, you do the Court injustice in supposing the remarks were called out as a mere idle form, or would not get a respectful consideration from the Court.

It is not the duty of the Court to make the laws--that is left to other tribunals; but our duty, under an official oath, is to administer the laws, good or bad, as we find them.

I find many mitigating circumstances in your case, and the sentence will therefore be, that you pay a fine of one hundred dollars and the costs of suit, and be imprisoned in jail for twenty days, and it shall be the duty of the Marshal to see the imprisonment carried out in this or some other county jail in this district.

YOUNG MEN, TO THE FRONT!

BY HON. RICHARD T. GREENER, LL. D.

RICHARD T. GREENER, _as far as is known, was the first Negro to be graduated from Harvard University with the degree of Bachelor of Arts. He received the degree of LL.D. both from Howard University and from Liberia College, Monrovia, of which he was the dean for some time. In 1897 he was appointed United States Consul to Vladivostok, and served through the Russian-Japanese War. While in this official capacity he was decorated by the Chinese Government with the order of the "Double Dragon," the only Negro ever so honored._

The adage which was once so common, if not so thoroughly axiomatic as to gain universal credence--"Old men for council and young men for war"--assumes additional notoriety to-day, when the old men are quarreling in the council chamber and the young men are kept outside the door. While the young men are willing to allow much to the school of experience, many of them are the followers of Locke, and believe in the doctrine of innate ideas. They believe, to continue the comparison, that experience and wisdom do not always spring from length of years, nor does ignorance appertain to youth as a necessity. They dare assert that, as there are those who would never be men, lived they to be as old as Methuselah, so there are some whose minds are as well filled, whose judgments are as mature at twenty-five and eight, and their energy as decisive as though they were in their tenth lustrum. Conscious of this fact, it is the absurdity of folly for the young colored men of the country to sit idly by and see the grandest opportunities slipping away, the best cases lost by default because of the lack of energy displayed by many of our so-called leaders who have been longer on the field. With some very few exceptions, honorable as they are rare, they have done well for their day and generation; but with regard to the needs and policy of the Negroes of the present hour they are as innocent as babes. Men for the most part of excellent temper and good working capacity, they lack that which is the handmaid and often the indispensable auxiliary of knowledge and all effective work--judgment. Unconscious puppets often, they dance to unseen music, moved themselves by hidden wires.

The convention was the favorite resort of the leading Negro of ten years ago. He convened and resolved, resolved and unconvened--read his own speeches, was delighted with his own frothy rhetoric, and really imagined himself a great man. He talked eloquently then, it must be granted, because he spoke of his wrongs; but when the war overturned the edifice of slavery "Othello's occupation" was "gone," indeed. The number who have survived and held their own under the new order of things may be counted upon one hand. They survive through that grand old law so much combated but ever true--the survival of the fittest. They alone give character and reputation to the Negro. They make for him a fame which begets respect where his wrongs only excited pity. The field is comparatively clear now some of the older hacks have fallen by the way or lie spavined at the roadside. The question is, Will the young men of color throughout the country resolve to begin now to take part in public affairs, asserting their claim wherever it is denied, maintaining it wherever contested, and show that the young may be safe in counsel as well as good for war?

There are some who arrogate to themselves wisdom because of their years, just as some equally absurd people think they are wise because they never went to a high school or an academy--men, Heaven save the mark! who pride themselves on having never slaked their thirst at the fount of knowledge. It is not our purpose to disparage age. We remember what Cicero has written, so delightfully, of its pleasures; what Cephalus and Socrates thought of it in the Republic. We look "toward sunset" with reverence and respect; but it is with a reverence that makes us conscious of our own duty. The young men are now studying, working, some, alas! idling away their time who ought to be the active, earnest men in the next Presidential campaign; young men who are to control the destinies of the race. Many of them are of marked ability and decidedly energetic in character. Not so fluent, perhaps, as their fathers, they are more thoughtful. They are found throughout the country. We feel that, if like Roderick Dhu, we should put the whistle to our lips and blow a stirring blast, they would spring up in every part of the country ready with voice, pen, or muscle to do their share in any honorable work. In spirit we do this, as young men ourselves, willing to blow a blast which, would that the young men of the country would hear and heed! Young men, to the front! Young men, rouse yourselves! Take the opportunities; make them where they are denied! "Quit you like men; be strong."

_Young men, to the front!_

THE CIVIL RIGHTS' BELL[6]

BY ROBERT BROWNE ELLIOT

_Representative from South Carolina_

[Note 6: Extracts from a speech delivered in the House of Representatives, January 6, 1874.]

_Mr. Speaker:_

While I am sincerely grateful for this high mark of courtesy that has been accorded to me by this House, it is a matter of regret to me that it is necessary at this day that I should rise in the presence of an American Congress to advocate a bill which simply asserts equal rights and equal public privileges for all classes of American citizens. I regret, sir, that the dark hue of my skin may lend a color to the imputation that I am controlled by motives personal to myself in my advocacy of this great measure of national justice. Sir, the motive that impels me is restricted by no such narrow boundary, but is as broad as your Constitution. I advocate it, sir, because it is right. The bill, however, not only appeals to your justice, but it demands a response from your gratitude.

In the events that led to the achievement of American independence the Negro was not an inactive or unconcerned spectator. He bore his part bravely upon many battlefields, although uncheered by that certain hope of political elevation which victory would secure to the white man. The tall granite shaft, which a grateful State has reared above its sons who fell in defending Fort Griswold against the attack of Benedict Arnold, bears the name of Jordan, Freeman, and other brave men of the African race, who there cemented with their blood the corner-stone of the Republic. In the State which I have the honor in part to represent (South Carolina) the rifle of the black man rang out against the troops of the British Crown in the darkest days of the American Revolution. Said General Greene, who has been justly termed the "Washington of the North," in a letter written by him to Alexander Hamilton, on the 10th of January, 1781, from the vicinity of Camden, South Carolina: "There is no such thing as national character or national sentiment. The inhabitants are numerous, but they would be rather formidable abroad than at home. There is a great spirit of enterprise among the black people, and those that come out as volunteers are not a little formidable to the enemy."

At the battle of New Orleans under the immortal Jackson, a colored regiment held the extreme right of the American line unflinchingly, and drove back the British column that pressed upon them at the point of the bayonet. So marked was their valor on that occasion that it evoked from their great commander the warmest encomiums, as will be seen from his dispatch announcing the brilliant victory.

As the gentleman from Kentucky (Mr. Beck), who seems to be the leading exponent on this floor of the party that is arrayed against the principle of this bill, has been pleased, in season and out of season, to cast odium upon the Negro and to vaunt the chivalry of his State, I may be pardoned for calling attention to another portion of the same dispatch. Referring to the various regiments under his command, and their conduct on that field which terminated the second war of American Independence, General Jackson says. "At the very moment when the entire discomfiture of the enemy was looked for with a confidence amounting to certainty, the Kentucky reinforcements, in whom so much reliance had been placed, ingloriously fled."

In quoting this indisputable piece of history, I do so only by way of admonition and not to question the well-attested gallantly of the true Kentuckian, and to the gentleman that it would be well that he should not flaunt his heraldry so proudly while he bears this bar-sinister on the military escutcheon of his State--a State which answered the call of the Republic in 1861, when treason thundered at the very gates of the Capital, by coldly declaring her neutrality in the impending struggle. The Negro, true to that patriotism and love of country that have ever marked and characterized his history on this continent, came to the aid of the Government in its efforts to maintain the Constitution. To that Government he now appeals; that Constitution he now invokes for protection against outrage and unjust prejudices founded upon caste.

But, sir, we are told by the distinguished gentleman from Georgia (Mr. Stephens) that Congress has no power under the Constitution to pass such a law, and that the passage of such an act is in direct contravention of the rights of the States. I cannot assent to any such proposition. The Constitution of a free government ought always to be construed in favor of human rights. Indeed, the thirteenth, fourteenth, and fifteenth amendments, in positive words, invest Congress with the power to protect the citizen in his civil and political rights. Now, sir, what are civil rights? Rights natural, modified by civil society. Mr. Lieber says: "By civil liberty is meant, not only the absence of individual restraint, but liberty within the social system and political organism--a combination of principles, and laws which acknowledge, protect, and favor the dignity of man * * * civil liberty is the result of man's two fold character as an individual and social being, so soon as both are equally respected."[7]

[Note 7: Lieber on Civil Liberty, page 25.]

Alexander Hamilton, the right-hand man of Washington in the perilous days of the then infant Republic; the great interpreter and expounder of the Constitution, says: "Natural liberty is the gift of a beneficent Creator to the whole human race; civil liberty is founded on it, civil liberty is only natural liberty modified and secured by civil society."[8]

[Note 8: Hamilton's History of the American Republic, Vol. I, page 70.]

* * * * *

Are we then, sir, with the amendments to our constitution staring us in the face; with these grand truths of history before our eyes; with innumerable wrongs daily inflicted upon five million citizens demanding redress, to commit this question to the diversity of legislation? In the words of Hamilton--"Is it the interest of the Government to sacrifice individual rights to the preservation of the rights of an artificial being called the States? There can be no truer principle than this, that every individual of the community at large has an equal right to the protection of Government. Can this be a free Government if partial distinctions are tolerated or maintained?"

The rights contended for in this bill are among "the sacred rights of mankind, which are not to be rummaged for among old parchments or musty records; they are written as with a sunbeam in the whole volume of human nature, by the hand of the Divinity itself, and can never be erased or obscured by mortal power."

But the Slaughter-house cases!--The Slaughter-house cases!

The honorable gentleman from Kentucky, always swift to sustain the failing and dishonored cause of proscription, rushes forward and flaunts in our faces the decision of the Supreme Court of the United States in the Slaughter-house cases, and in that act he has been willingly aided by the gentleman from Georgia. Hitherto, in the contests which have marked the progress of the cause of equal civil rights, our opponents have appealed sometimes to custom, sometimes to prejudice, more often to pride of race, but they have never sought to shield themselves behind the Supreme Court. But now for the first time, we are told that we are barred by a decision of that court, from which there is no appeal. If this be true we must stay our hands. The cause of equal civil rights must pause at the command of a power whose edicts must be obeyed till the fundamental law of our country is changed.

Has the honorable gentleman from Kentucky considered well the claim he now advances? If it were not disrespectful I would ask, has he ever read the decision which he now tells us is an insuperable barrier to the adoption of this great measure of justice?