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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.
Now, Mr. President, can it be seriously maintained that we are
terrorizing the people from whose willing hands comes every year
$1,000,000,000 of farm crops? Or have robbed a people who, twenty-five
years from unrewarded slavery, have amassed in one State $20,000,000 of
property? Or that we intend to oppress the people we are arming every
day? Or deceive them, when we are educating them to the utmost limit of
our ability? Or outlaw them, when we work side by side with them? Or
re-enslave them under legal forms, when for their benefit we have even
imprudently narrowed the limit of felonies and mitigated the severity of
law? My fellow-countrymen, as you yourselves may sometimes have to
appeal at the bar of human judgment for justice and for right, give to
my people to-night the fair and unanswerable conclusion of these
incontestable facts.
But it is claimed that under this fair seeming there is disorder and
violence. This I admit. And there will be until there is one ideal
community on earth after which we may pattern. But how widely is it
misjudged! It is hard to measure with exactness whatever touches the
negro. His helplessness, his isolation, his century of servitude,--these
dispose us to emphasize and magnify his wrongs. This disposition,
inflamed by prejudice and partisanry, has led to injustice
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