That, as a class, they are in antagonism to the prevailing political sentiment is the legitimate result of the manner of their emancipation and a commendable gratitude and kinship for the party through which they obtained their freedom. But Gibbon, in his "Decline and Fall of Rome," has said that "gratitude is expensive," and so the Negro has found it, and is beginning to echo the sentiment and would gladly hail conditions and opportunity where he could, after thirty-five years of blood and fidelity, be less partisan and more fraternal politically, conscious his united affiliation with his early alliance, and consequent ostracism of the opposition has given him a "hard road to travel." Commendable as has been his devotion, he finds commendation a limited currency and not negotiable for the protection and benefits that should accompany the paladium of citizenship. While his treatment by the Democratic party has made a continuous political relation compulsory, it is unfortunate; for the political affinity of no other class of American citizens is judged by the accident of birth. It is detrimental to the voter whose proclivity is thereby determined. Wherever the Negro vote, in the estimation of any party, is an uncertain quantity, its value as a factor will have increased, consolidated, and in numbers controlling, it has been considered a menace and vigorously eliminated.
This view has to an extent an auxiliary in certain Republican circles, where it is avowed that the party could get in the South a large accession of hitherto Democratic voters, giving it a commanding influence, but for its colored contingent, which is averred to be repellant. There may be difference of opinion as to the merit of such conclusions and the fitness of their rehearsal "to the marines;" but none as to the measure of welcome of those that hold them. However, given that they are correct. Self-respect and a desire to help the old party can go hand in hand, and when possible in a manly way, room should be made for such anticipated accession.
There is another phase of present conditions that deserves, and I have no doubt has claimed, attention. It is the emphatic trend of the national leaders of the party to conciliate the hitherto discordant elements in the South in the interest of national harmony, an object lesson of which was presented by the late President on his Southern tour. But few years have elapsed since no man seeking a renomination on the Republican ticket would have put on and worn a Confederate badge. This President McKinley did, receiving the indiscriminate applause and the concurrence of his own party. Such an act, which is not only allowable, but commendable, would formerly have been political suicide. This being a movement in the house of his political alliance, it is up to the Negro to consider which is his best interest, should the olive branch of political friendship be extended by those from whom he receives his chief support. Under like conditions, his white brother would have no hesitancy.
There is yet another phase which indicates the Negro in jeopardy on industrial lines. A few years hence the South will have ceased to be chiefly agricultural. Mills for cotton, iron, and other factories will have dotted hilltop and valley, and with them will come the Northern operative with his exclusive "unions" and trade prejudice, shutting the doors of mills and foundries against him. To meet this scramble for favor from the wealth and intelligence of the Southland – the ruling factors – he should avail himself of every appliance for fostering harmony and co-operation along all the lines of contact. In slavery and in his subsequent journey in freedom he has suffered much. But what nation or people have escaped that ordeal who have made mark in the world's history? There is now prospective unfriendly legislation in several Southern States; also the lowest of the whites, as they deem occasion may require, go, often undisturbed, on shooting and lynching expeditions.
The problem that continues to force itself for solution is, How the innocent are to receive immunity from these outrages or a fair trial, when accused of crime. These being under the purview of State sovereignty, the Federal arm is not only powerless, but there exists no Northern sentiment favoring drastic means for their correction. Hence it is evident that relief can only come from those who fashion the sentiment that crystallizes into law. But with the bitter is mingled the sweet; much of his advancement along educational and material lines is due to the liberality of the white people of the South, who, it has been computed, have contributed one hundred millions of dollars since emancipation by taxes and donations for his education, and there are many evidences that the best thought of the South is in line with Negro employment and his educational advancement in the belief that the more general the intelligence the greater the State's progress, morally and materially. This conviction was emphatically expressed by an overwhelming negative vote in the Arkansas Legislature recently, where a measure was introduced to abandon him to his own taxable resources for education. The ratio of his moral and material product will be the measure of his gratitude for this great boon. For, after all, many of "our great dangers are not from without."
General – , a leading Democrat of this State, and an unmistakable friend of the negro, referring to the above evidence of good feeling, said he did not see why I, and other reputed leaders, in view of such evidences of friendship, did not induce our people to be fraternal politically. I replied that the effort had once been made, but that the Democratic party, intrenched as it was in large majorities in the South, "by ways that are dark and tricks that are vain," its leaders say they "do not need, neither do they solicit, the colored vote; but if they choose, they may so vote." He said that certainly had a ringing sound of independence and was uninviting as an announcement – an independence, however, that will not forever outlive the vagaries of sound, for it is not unlikely that he will not only vote the ticket, but be earnestly solicited to do so. "For it will happen, during the whirligig of time and action, in my party as well as others, that there will be a change of policies, new issues, local dissatisfaction, friction, contemplated antagonism and the political arithmetic sounded. But I cannot but believe that the clannishness of the Negro has been the boomerang that has knocked him out of much sympathy, being impractical as a political factor and out of harmony with the material policies of the Southern people."
I replied I had thought the highest ideal of patriotism was adherence to measures materially as well as politically that were for the benefit of the whole people.
He said: "I know your party preach that they have a monopoly of wisdom; but the fact is the wisest statesmen of the world are divided in opinion as to the benefits claimed for the leading policies of your party. But how do they benefit you, as a dependent class? Your immediate need is employment and good educational facilities. You should be less sentimental and more practical. You may honestly believe in a protective tariff, having for its object the protection of the American working-man, but does it help you when you know that the doors of mills, foundries, and manufactories are shut against you? As to the currency, you are at a disadvantage when you attempt to antagonize the financial views of your employers.
"It reminds me of an incident," he continued, "in my native town in Virginia, not long after reconstruction. There had been a drought and short crop, succeeded by a pretty hard winter. My father, whose politics, you may well judge, I being 'a chip of the old block,' without soliciting money or favor, threw open his cellar, wherein was stowed many bushels of sweet potatoes; invited all the destitute to come. It is needless to say they came. In the spring Tobey, the Negro minister of the Baptist Church – a man illiterate, but with much native sense – after morning service, said: 'Brethren, there's gwine to be a 'lection here next week, and I wants you all to vote in de light dat God has gin you to see de light, but I spects to vote wid de taters.' Now, this may seem ludicrous, but Tobey, in that act, was a fit representative of the white man in politics – for every class of American citizens except the Negro divide their vote and put it where to them personally it will do the most good."
"Much," I replied, "that you have said is undoubtedly true. But can you wonder at the Negro's cohesion? Is it not a fact that his is the only class of citizens that your party deny equal participation in the franchise, and unjustly discriminate against in the application of the laws? Where better could a change of conduct which you would admire and he so happily embrace, be inaugurated than within your own political household; where could nobility of character be more grandly displayed than by the abolition of these vicious hindrances to the uplifting of the weak and lowly?"
"Be that as it may," he replied, "your race is not in a condition to make friends by opposing the prevailing local policies of their environments."
I have narrated this interview for the reason that it is a fitting type of the views of friends of the Negro of the South who somehow fail to see the difficulty in his fraternizing with them in the midst of so much political persecution and bodily outrage. I referred in the above interview to an effort of colored leaders to assimilate with Southern politics.
CHAPTER XI
In 1876 (twenty-five years ago) I was President of a National Convention held at Nashville, Tenn, and of which H. V. Redfield, an able correspondent of the "Cincinnati Commercial," made the following unduly flattering mention: "Mifflin W. Gibbs, of Arkansas, was selected as President. It may be interesting to know that Gibbs is strongly in favor of Bristoe, now an aspirant for the Presidency. He will likely be a delegate from Arkansas to the National Republican Convention at Cincinnati. He is a lawyer, one of the foremost of his race in Arkansas. He is rather slender and a genteel-looking man, with something in his features that denotes superiority" ("Though poor in thanks," Redfield, yet I thank thee.) "His speech upon taking the chair, was another event. It was the third good speech of the day and calculated to leave the believers of internal inferiority in something of a muddle.
"He made a manly plea for equal rights for his race. All they wanted was an equal chance in the battle of life. They did not desire to hinder any man for exercising his political rights as he saw fit, and all they claimed was liberty of thought and action for themselves. He was sorry there was occasion for a convention of black men to consider black men's status. The fact alone was evidence that the race had not been accorded right and justice. Of the treatment of his race in Arkansas he had little to complain of, but spoke bitterly of the murders at Vicksburg, Miss. He gave the Republican party, as administered at Washington, several blows under the chin. He complained of bad treatment of colored men by that party, notwithstanding all its professions. He made the bold declaration that all the whites of the South need do to get their votes was to promise equal and exact justice and stand to it. All they wanted was their rights as American citizens and would go into the party that would secure them. He said the question primarily demanding the attention of the convention were educational and political, and he hoped the proceedings would be so orderly as to convince the whites present that we were capable of self-control. His speech had a highly independent flavor and the particular independent passages were applauded by whites and blacks alike."
While the call for the convention was not distinctly political, that feature of the proceedings was the most pronounced. For at that early day, through an experience the most bitter, the lesson had been learned that politics was not the panacea, but that our affiliation with the Republican party was the main offence. Hence a disposition to fraternize with Southern politicians for race protection and opportunity had many adherents, and voiced by Governor Pinchback and other prominent leaders in the South, who, while preferring to maintain their fealty to the Republican party, were willing to sacrifice that allegiance if they could secure protection and improve conditions for the race. Had the leaders of Southern opinion met these overtures, even part of the way, much of the friction and turbulence of subsequent years would have been avoided. But that there will be a breaking up of the political solidarity of the South, not on sentimental but on material lines, at no distant day all signs promise, and be its status what it may, the Negro will benefit by commingling with the respective parties in political fellowship. Laying down the "old grudge" at the door of opportunity and entering, should the premises be habitable, he could "report progress and ask leave to sit again."
It has been alleged to the discredit of the Negro that he too soon forgets an injury. Nevertheless as a virtue it should redound to his credit. He is swift to forgive and, if necessary, apologize for the shortcomings of his adversary. But human nature seldom appreciates forgiveness, preceded as it is by censure, the subject of which usually repels, and another melancholy phase is often apparent, for the pricks of conscience for those we have wronged, we seek solace by hating. There are in both parties a fraction of saints, who, notwithstanding his immense contribution by unrequited labor to the wealth of the nation whilst a slave; his fidelity and bravery in every war of the Republic, have for him neither care nor regard; denounce him as an incapable and a bad legacy. He should, nevertheless, be patient, diligent, and hopeful, with appreciation for his friends and for his enemies a consciousness expressed in the Irishman's toast to the Englishman —
"Here's to you, as good as you are;
And here's to me, as bad as I am;
But as good as you are,
And as bad as I am,
I'm as good as you are,
As bad as I am."
Very ill considered is the opinion held and advocated by some, that he should defer or eschew politics – who say: "Let the Negro be deprived of this right of citizenship until he learns how to exercise it with wisdom and discretion." As well say to the boy, Do not go into the water until you learn to swim! The highest type of civilization is the evolution of mistakes. While education, business, and skilled labor should have the right of way and be primarily cherished, his right to vote and persistent desire to exercise it should never be abandoned, for he will yet enjoy its fullest fruition all over this, our God-blessed land.
Among the delegates I met at the South Carolina convention in 1871 were the Hon. William H. Grey, H. B. Robinson, and J. H. Johnson, of Arkansas, prominent planters and leaders in that State. I was much impressed with the eloquence of Grey, and the practical ideas advanced by Robinson, the one charmed, the other convinced. Learning that I sought a desirable place to locate in the South, they were enthusiastic in describing the advantages held out by the State of Arkansas. The comparative infancy of its development, its golden prospects, and fraternal amenities. Crossing the Arkansas River in a ferry-boat, in May, 1871, I arrived in Little Rock a stranger to every inhabitant. It was on a Sunday morning. The air refreshing, the sun not yet fervent, a cloudless sky canopied the city; the carol of the canary and mocking bird from treetop and cage was all that entered a peaceful, restful quiet that bespoke a well-governed city. The chiming church bells that soon after summoned worshipers seemed to bid me welcome. The high and humble, in their best attire, wended their way to the respective places of worship.
Little Rock at that date, not unlike most Western cities in their infancy, and bid for immigration, was extensively laid out, but thinly populated, having less than 12,000 inhabitants. From river front to Twelfth Street, on the south, and to Chester on the west, it was but sparsely settled. The streets were unimproved, but the gradual rise from river front gave a natural drainage. Residences and gardens of the more prominent, on the outskirts, gave token of culture and refinement. The nom de plume "City of Roses" seemed fittingly bestowed, for with trellis or encircling with shady bower, the stately doorway of the wealthy, or the cabin of the lowly could be seen the rose, the honeysuckle, or other verdure of perfume and beauty, imparting a grateful fragrance, while "every prospect pleases." My first impressions have not been lessened by lapse of time; generous nature has enabled human appliance to make Little Rock an ideal city.
As knowledge of the local status of a State, as well as common law, must precede admission to the bar, I applied and was kindly permitted to enter the law office of Benjamin & Barnes, at that time the only building on the square now occupied by the post office and the Allis Block. In this for preparatory reading I was very fortunate. I not only found an extensive law library, but the kindness and special interest shown by Sidney M. Barnes was of incalculable benefit. Mr. Barnes was an able jurist, one of nature's noblemen, genial, generous, and patriotic. A wealthy slaveholder in Kentucky, when the note of civil war was sounded, called together his slaves, gave them their freedom, and at an early date had them enrolled in the Federal army, and went forth himself to fight for the Union. James K. Barnes, his son, now a prominent citizen of Fort Smith, and the able United States Attorney for the Western district of Arkansas, and whose fellowship and kindness has extended through all my political career in Arkansas, is "a worthy son of a noble sire," having courage of conviction and eloquence in their enunciation. Among the young men then practicing law was Lloyd G. Wheeler, a graduate from a law school in Chicago, popular and an able lawyer, with considerable practice. In 1872 we joined, under the firm name of Wheeler & Gibbs, opening an office in the Old Bank Building, corner Center and Markam Streets.
It is not without considerable trepidation that an infant limb of the law shies his castor into the ring, puts up his shingle announcing that A, B, or C is an "Attorney and Counsellor at Law." His cerebral column stiffens as, from day to day, he meets members of the bar, who congratulate him upon his advent, and feels his importance as he waits from day to day for the visit of his first client, but collapses when he arrives and with ghostly dread salutes him and prepares to listen with a disturbed sense of an awful responsibility he is about to undertake. For, side by side with his client's statements there seem to appear in stately majesty all the adjuncts of the law: First, the inquisitive glance of the judge, like a judicial searchlight, scans him as he rises to defend Mr. Only Borrow, charged with larceny. Will he be able to think on his feet at the bar as he did in his chair in his office? Will he succeed or fail in stating his case, with eye and ear of every veteran of the bar intent on his first utterance? How about the jury, that unknown quantity of capricious predilections? Will they give him attention, or will their eyes find a more congenial resting place? Unbidden, the panorama insists on prominence. He attempts the most nonchalant air, tells Mr. B. to proceed and state his case. This was not the first time that he had been requested to perform this incipient step of the law's demand, and he does it with such astuteness and flippancy, and how he had been wronged and persecuted by the plaintiff, that tears, unbidden, are ready to glisten in your eyes. Injured innocence and your sworn duty to your profession inspire courage and induce you to take his case. Later on the tyro will have learned that it was highly probable that Mr. B. would not have called on him but for the fact that he was not only out of cash, but out of credit with able and experienced practitioners.
At the time of my examination for entry to the bar by the committee, of which William G. Whipple was one, I was instructed that the most important acquisition for a member of the bar was ability to secure his fee. Having noted all the points of defence for his honesty, the last, but not the least matter to be considered was the fee, resulting in an exchange of promises and his departure. When the case was called, for reasons not divulged, the plaintiff failed to appear. Mr. Borrow was acquitted; I won my case and am still wooing my fee. The study of the law is not solely of advantage to those who intend adopting it as a profession, for its fundamental principles are interwoven with the best needs of mankind in all his undertakings, making it of value to the preacher or laymen, the merchant or politician. For the young man intending the pursuit of the latter it is quite indispensable. The condition in the South for a quarter of a century giving opportunity for colored men to engage in the professions has not been neglected. In each of the States there are physicians and lawyers practicing with more or less success. With equality of standing as to culture, ability and devotion, the doctor has had the advantage for a growing and lucrative practice. This can be accounted for partly on account of the private administrations of the one and the public career of the other. The physicians has seldom contact with his professional brother in white and escapes much of the difficulty that lies in wait for the colored disciple of Blackstone.
During my practice I found the judges eminently fair in summing up the evidence produced, noting the points and impartially charging the jurors, who were also fair when plaintiff and defendant were of the same race, but who, alas, too often, when the case had been argued by, or the issue was between the representatives of the two races, bowed to the prevailing bias in their verdict. Bishop, in his introduction to his "Criminal Law," has fittingly said: "The responsibilities which devolve on judicial tribunals are admitted. But a judge sitting in court is under no higher obligation to cast aside personal motives and his likes and dislikes of the parties litigant, and to spurn the bribe if proffered than any other official person acting under a jurisdiction to enforce laws not judicial. Happy will be the day when public virtue exists otherwise than in name." It often happens with cases commanding liberal fees and where the litigant has high regard for the legal learning and ability of the colored lawyer, yet conscious of this hindrance to a successful issue of his case, very naturally goes elsewhere for legal assistance. Hence, as an advocate not having inducement for continued research and opportunity for application of the more intricate elements of the law, confined to petty cases with corresponding fee, he is handicapped in his effort to attain eminence as a jurist. It has been said that great men create circumstances. But circumstances unavoidably produce great men. Henry Drummond is quoted as saying: "No matter what its possibilities may be, no matter what seeds of thought or virtue lie latent in its breast, until the appropriate environment presents itself, the correspondence is denied, the development discouraged, the most splendid possibilities of life remain unrealized, and thought and virtue, genius and art, are dead."
It should be the solemn and persistent duty of the race to contend for every right the Magna Charta of the Republic has granted them, but it might assuage the pang of deprivation and stimulate opportunity did he fully know the stages of savagery, slavery, and oceans of blood through which the Anglo-Saxon passed to attain the exalted position he now occupies. Much of the jurisprudence we now have responding to and crystallizing the best needs of humanity were garnered in this sanguine and checkered career. It is said that the law is a jealous mistress, demanding intense and entire devotion and unceasing wooing to succeed in winning her favor, or profiting by her decrees. Yet, for student or layman, the study is instructive and ennobling. It is an epitome of ages of human conduct, the products, the yearnings, and strivings of the human heart, as higher conceptions of man's relation to his fellow found echo or inscription in either the common or written law. Locality, nationality, race, sex, religion, or social manner may differ, but the accord of desire for civil liberty – the "torch lit up in the soul by the omnipotent hand of Deity itself" – is ever the same. Constitutional law "was not attained by sudden flight," but it is the product of reform, with success and restraint alternating through generations. It is the ripeness of a thousand years of ever-recurring tillage, blushing its scarlet rays of blood and conquest ante-dating historic "Runny Meade."
It is well to occasionally have such reminiscent thought; it makes us less pessimistic and gives life to strive and spirit and hope. We cannot unmake human nature, but can certainly improve conditions by self-denial, earnest thought, and wise action.