In the South there are negro lawyers, teachers, editors, dentists, doctors, preachers, multiplying with the increasing ability of their race to support them. In villages and towns they have their military companies equipped from the armories of the State, their churches and societies built and supported largely by their neighbors. What is the testimony of the courts? In penal legislation we have steadily reduced felonies to misdemeanors, and have led the world in mitigating punishment for crime, that we might save, as far as possible, this dependent race from its own weakness. In our penitentiary record sixty per cent of the prosecutors are negroes, and in every court the negro criminal strikes the colored juror, that white men may judge his case.
In the North, one negro in every 185 is in jail—in the South, only one in 446. In the North the percentage of negro prisoners is six times as great as that of native whites; in the South, only four times as great. If prejudice wrongs him in Southern courts, the record shows it to be deeper in Northern courts. I assert here, and a bar as intelligent and upright as the bar of Massachusetts will solemnly indorse my assertion, that in the Southern courts, from highest to lowest, pleading for life, liberty or property, the negro has distinct advantage because he is a negro, apt to be overreached, oppressed—and that this advantage reaches from the juror in making his verdict to the judge in measuring his sentence.