CHAPTER XI.

Previous

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—

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.

HON. JUDSON W. LYONS. HON. JUDSON W. LYONS.

Present Register of the Treasury. Born in Georgia—A Graduate of Howard University—Appointed by President McKinley to the Above Position.

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.


                                                                                                                                                                                                                                                                                                           

Clyx.com


Top of Page
Top of Page