having such propensities, and all such people should
be dealt with justly by law. Our present contention
is that throughout the period of which we are now
speaking the dominant social system was not only such
as to accentuate criminal elements but also such as
even sought to discourage aspiring men. A few
illustrations, drawn from widely different phases
of life, must suffice. In the spring of 1903,
and again in 1904, Jackson W. Giles, of Montgomery
County, Alabama, contended before the Supreme Court
of the United States that he and other Negroes in
his county were wrongfully excluded from the franchise
by the new Alabama constitution. Twice was his
case thrown out on technicalities, the first time
it was said because he was petitioning for the right
to vote under a constitution whose validity he denied,
and the second time because the Federal right that
he claimed had not been passed on in the state court
from whose decision he appealed. Thus the supreme
tribunal in the United States evaded at the time any
formal judgment as to the real validity of the new
suffrage provisions. In 1903, moreover, in Alabama,
Negroes charged with petty offenses and sometimes with
no offense at all were still sent to convict farms
or turned over to contractors. They were sometimes
compelled to work as peons for a length of time; and
they were flogged, starved, hunted with bloodhounds,
and sold from one contractor to another in direct
violation of law. One Joseph Patterson borrowed
$1 on a Saturday, promising to pay the amount on the
following Tuesday morning. He did not get to town
at the appointed time, and he was arrested and carried
before a justice of the peace, who found him guilty
of obtaining money under false pretenses. No
time whatever was given to the Negro to get witnesses
or a lawyer, or to get money with which to pay his
fine and the costs of court. He was sold for
$25 to a man named Hardy, who worked him for a year
and then sold him for $40 to another man named Pace.
Patterson tried to escape, but was recaptured and
given a sentence of six months more. He was then
required to serve for an additional year to pay a doctor’s
bill. When the case at last attracted attention,
it appeared that for $1 borrowed in 1903 he was not
finally to be released before 1906. Another case
of interest and importance was set in New York.
In the spring of 1909 a pullman porter was arrested
on the charge of stealing a card-case containing $20.
The next day he was discharged as innocent. He
then entered against his accuser a suit for $10,000
damages. The jury awarded him $2,500, which amount
the court reduced to $300, Justice P.H. Dugro
saying that a Negro when falsely imprisoned did not
suffer the same amount of injury that a white man
would suffer—an opinion which the New York
Age very naturally characterized as “one
of the basest and most offensive ever handed down
by a New York judge.”