CHAPTER XVIII.
COLORED LAWYERS.
In this chapter, I do not attempt to call attention to anything like all of the successful colored lawyers. I simply select from the hundreds of prominent men practising law in courts throughout the United States, two: D. Augustus Straker and T. McCants Stewart.
D. AUGUSTUS STRAKER.
D. Augustus Straker was born in Bridgetown, in the Island of Barbadoes, one of the West Indies, on July 11, in the year 1842.
His early education was fostered by his mother, a pious and industrious woman, who took great pride in her only child, and strove by the labor of her hands to give him a liberal education, his father having died when he was eleven months old.
He received a good English education at the Central High or Preparatory School of the island, under Robert Pierre Elliott, of Battersea, England, and afterwards received supplementary training in philosophy from lectures given by R. R. Rawle, Principal of Codrington College, as well as private instructions in Latin, Greek and French, from Rev. Joseph N. Durant, D. D., of said island. At the early age of seventeen years he became school-master of one of the principal schools of the island.
HON. D. AUGUSTUS STRAKER.
In 1867, he was induced, with two others, by the invitation of Rt. Rev. B. B. Smith, of the Episcopal Diocese of Kentucky, U. S. A., on hearing preached a sermon on the cruelties of slavery and the deplorable ignorance of his race in the United States, upon their emancipation from bondage, to come to the United States and engage in the uplifting of his race, by teaching in the schools of Kentucky, under the auspices of the Avery P. E. Institute and the Freedmen's Bureau, under the superintendence of the Christian soldier, statesman and humanitarian, General O. O. Howard. Before leaving his native land he had commenced the study of law, preparatory to entering the Middle Temple, England. While teaching school in Kentucky he was persuaded to prepare for the ministry in the P. E. Church, but did not enter upon such duties, owing to the prejudice against color and his race, even in said church, an inconsistency which he could not reconcile with Christian practices.
In 1868 Hon. John M. Langston, then Dean of the Law School of Howard University, was engaged in lecturing through the South, upon the advantages of said institute to the colored race, and the opportunity afforded to receive a professional education therein. Mr. Straker attended one of such lectures, and was attracted to the University. He gave up his theological studies and returned to his first love, entering Howard University Law School as a law student in 1869, in a class six months advanced. He graduated in 1871, with honor and distinction, and at Commencement delivered an address on "The Necessity for a Common Tribunal Among Nations for the Arbitration of International Disputes." His views then are greatly verified as to the necessity of such a tribunal, by the experiences of the present day. His learning in the law and masterly discussion of the subject secured him the praise and commendation of the scholar and statesman, Hon. Charles Sumner, of Massachusetts.
While studying law, he secured a clerkship in the Sixth Auditor's office of the U. S. Treasury, in which post he remained until 1875. In 1871 he was married in Detroit, Mich., to Miss Annie M. Carey, his present wife, with whom he now lives, having had no children born to them.
In 1875, he resigned his position in the Treasury Department, and went to South Carolina as Inspector of Customs, at Charleston.
In 1876, he resigned said post, and began the practice of his profession in the town of Orangeburg, S. C., and soon was recognized as a capable criminal lawyer by his white brethren at that bar, and the community in general. In the fall season of said year, he was elected to the General Assembly of that State, and took his seat in the famous House, well known as the Hampton-Mackey dual Legislature, by which Governor Chamberlain, the duly elected Governor of the State, was driven from his post. Mr. Straker was not long a member, because of his eviction with others, on account of his politics, he being one of the most prominent Republicans of the State. During this period Mr. Straker suffered much persecution at the hands of his political opponents, the Democrats, in this struggle. He returned to his constituents and was re-elected in 1878. He was again denied his seat. He was again elected in 1880, and again denied his seat, although on both occasions receiving larger majorities than his political opponents. The grounds of objection were that "he was not a citizen," although his naturalization papers were produced and the proof of his citizenship evident and conclusive.
In 1882 he was elected by the Trustees, Dean and Professor of Common Law in the University Law School of Allen University, Columbia, S. C., an incorporated institution of learning, under the auspices of the A. M. E. Church. In 1883, he presented a class of four colored youths to the Supreme Court of that State for examination for admission to practise law, the result of his sole instruction—the institution being too poor to hire a corps of law instructors. These colored youths, the first in the history of the State, were examined in open court, and having passed a most creditable examination, as told by the court in open session, were admitted to practice, and became members of the learned profession, and the peers under the law of those who, but less than a quarter of a century before, held them or their parents in slavery. In 1884, another class was presented by Mr. Straker, examined and admitted by the court. Mr. Straker, having now severed his connection with the law school, resumed the practice of his profession at Columbia, S. C. He won great distinction in the management as attorney for the defendant in the celebrated murder case of the State vs. Coleman, reported in 12th S. C., the defence being insanity, in which Mr. Straker was declared to have shown deep research in the law of the plea of transitoria mania.
The prejudice of the community keeping distinct all business between black and white of a professional character, Mr. Straker was unable to support himself and family by his profession in the South, and after giving the same a fair test, and spending fourteen years of his life in the endeavor to uplift his race in the South, was compelled to seek a new field. He came to Detroit, Mich., in 1887, bringing with him, from his white fellow-citizens, the highest testimonials of ability and character, who, while they disliked him politically, admired and recognized his legal ability. This, with his own natural energy and legal acumen, soon gave him distinction in his new home. He soon found himself in a fairly lucrative practice, and had for his clients a large number of whites, his own race being too poor to afford such. He distinguished himself as an advocate of ability, as was seen in his victory of the Civil Rights case of Ferguson vs. Gies, 82d Michigan, which decision settled the status of the colored citizen within Michigan, as to his right to accommodation in public places, equally with his white fellow-citizen. His legal argument in this case fully showed him a capable and learned attorney-at-law.
He rose at once to great distinction at the bar of Detroit, and his white brethren at the bar soon recognized him as a good lawyer, a gentleman in his manners, and a faithful advocate. This recognition was made manifest in his election in 1893, to the office of Circuit Court Commissioner for Wayne County, Michigan, a District at that time accredited with a Democratic majority of 4,000 voters; while Mr. Straker was an uncompromising Republican. Mr. Straker's opponents for this office were all white citizens. He was re-elected to same office in 1895, by a majority of over 7,000—his opponents again being all white citizens. He now holds said office, and is spoken of for a third term, which he is likely to obtain, if not deprived through the divisions of a few of his own race, who seem in many instances not content to see one of their own rise to distinction.
Mr. Straker is widely known throughout the United States, having lectured in many States, and attended wellnigh all of the principal conventions, held by his race, since emancipation. He is a contributor to the newspapers and magazines of his race, and also of some of the Anglo-Saxon.
He is an author, having written a book entitled, "The New South Investigated," which has received the widest commendation for its cleverness, impartiality and good taste. He has also written a unique law pamphlet, on the "Larceny of Dogs," showing conclusively that punishment for stealing dogs can only be by statute, dogs being at common law of no value. His pamphlet on "Reflections on the Life and Times of Toussaint-Louverture" is interesting and shows great race pride in the writer.
On December 14, 1895, at a Conference of Colored Men of the United States, held in the city of Detroit, Mich., Mr. Straker was chosen President of the National Federation of Colored Men of the United States of America; an organization established by said conference for the purpose of seeking a remedy, or putting an end to the barbarous practice of lynching colored men in the Southern States, for alleged offences, without trial by law. Already Mr. Straker has placed this organization in the confidence of his race and their white sympathizers, and much good is expected from the agitation created by it of the wrongs done the colored people in the South, both as to their civil, as well as their political rights.
T. McCANTS STEWART.
Mr. T. McCants Stewart is one of the most remarkable colored men in the United States: he is a lawyer of unusual ability. He was born in Charleston, S. C., December 28, 1854.
After graduating from the common schools in June, 1869, he entered the Preparatory Department of Howard University, Washington, D. C., and finished the course, entering college in September, 1871. He stood at the head of his class throughout the course, making special record in the foreign languages, in belles lettres, and as a public speaker. In the summer of 1871, he lectured at various places in Virginia. Although a very young man, being then only seventeen years of age, he was heard by large audiences and took back to Howard University enough money to get well started in his college course. In the midst of his junior year, feeling that the facilities for the study of the sciences were better in the University of South Carolina than at Howard University, Mr. Stewart left the latter and entered the former institution, and in December, 1875, he graduated, at the head of his class, from the College and Law Departments of the University of South Carolina, delivering the valedictory oration, and receiving the degrees of Bachelor of Arts and Bachelor of Laws.
T. McCANTS STEWART, ESQ.
Gen. Robert B. Elliott, one of the ablest men of his day, and, at that time, one of the most successful practitioners at the South Carolina bar, took Mr. Stewart into partnership and formed the law firm of Elliott, Dunbar & Stewart, which firm was retained in many important cases. Mr. Stewart began his professional career in a murder case, in which there was unusual interest in every part of the State. The ablest attorneys and counsel appeared for the people and Gen. Elliott and Mr. Stewart appeared for the defence. The General guided his young partner, but imposed upon him the burden of the work.
Mr. Dunbar died early in 1876, and Hon. D. Augustus Straker, now Circuit Court Commissioner, Detroit, Michigan, entered the law firm which then became Elliott, Stewart & Straker. The firm practised in several counties of the State. Wherever he appeared, Mr. Stewart's management of his cases was highly skilful, and he was usually successful. The Clarendon Press, a newspaper edited and published by Southern white men at Manning, S. C., makes this reference to Mr. Stewart's appearance in court there: "We must admit that Mr. Stewart displayed signal ability in the management of several cases. His respectful manner and modesty have created for him a favorable impression amongst the people."
In 1877, Mr. Stewart accepted the chair of Professor of Mathematics in the State Agricultural College of South Carolina, at Orangeburg, S. C. He resigned in 1878 to attend the post-graduate course of philosophy at Princeton College under Dr. James McCosh, and he also pursued the theological course in the seminary there. He went to New York in 1880, and made a national reputation in the ministry as an earnest and eloquent preacher. In November, 1882, he resigned from the church to accept the position of Professor of Belles Lettres and Law in the College of Liberia, on the West Coast of Africa. After traveling in Europe, he went to Liberia, remaining there until January, 1884. He returned to the United States and was appointed General Agent for Industrial Education in Liberia, West Africa. He traveled extensively in the New England States, making addresses in the principal cities. He was everywhere received with great enthusiasm, and Joseph Cook gave up the platform of Tremont Temple to Mr. Stewart, who made a brilliant address there on March 23, 1885, to an audience which applauded him heartily, and his address was subsequently published in full in the New York Independent of April 2, 1885.
In the fall of 1885, Mr. Stewart decided to return to the practice of law, and in January, 1886, he was admitted before the General Term of the Supreme Court of the State in New York City. The New York Freeman of January 9, 1886, contained this reference to the proceedings in Court:
"On Wednesday morning, before the Supreme Court in General Term, Algernon S. Sullivan, Esq., rose and submitted the papers of T. McCants Stewart, signed by Chief Justice Simpson of the South Carolina Supreme Court; and after a brief and generous reference to Mr. Stewart's ability and character, moved that he be admitted to practise law in the courts of New York. Hon. A. M. Keiley, late minister to Austria, seconded the motion. Mr. Keiley said he deemed it a great privilege to speak in behalf of this learned and well-beloved member of the African race, and was sure the members of the bar would extend to Mr. Stewart a fraternal welcome. Mr. Stewart was then sworn in. Ex-Governor Chamberlain, who was absent from the city, joined Mr. Keiley in seconding the motion for admission."
Mr. Stewart has been a very successful practitioner, and has appeared in several important cases. He has confined himself to the civil practice, and enjoys the unusual distinction of having his efforts at the bar commended in the written and published opinions of several judges. In a decision, rendered by the Court of Appeals, which is the tribunal of final resort, the court says: "On the argument here, the accused (convicted of murder) was represented by counsel of his own race, who argued the case with courage and zeal, and a professional ability worthy of commendation" (140 N. Y., 359). In an opinion by the Surrogate's Court of the city and county of New York, the Surrogate says: "The masterly argument of counsel for the contestant greatly impressed me. His conduct of the proceeding has been so admirable that I feel it to be my duty to commend him. He has throughout the case displayed all the qualities of a safe adviser and a skilled and eloquent advocate. His appearance before me will always be welcomed, as his unusual ability, learning and industry will greatly aid me in disposing of any proceedings in which he may be employed" (5 N. Y. Sup., 23).
Mr. Stewart ranks high as an orator. He is also an author, his best-known book being "Liberia; The Americo-African Republic," and he is a frequent contributor to literary publications. He was a member of the Board of Education of the city of Brooklyn, N. Y., 1891 to 1895. Served as chairman of the Committee on Rules and Regulations, and on the Committee on Law, on Studies, and on Free Scholarships. While on the Board, he succeeded in removing the word "colored" entirely from the school system and was instrumental in having colored teachers appointed to mixed classes of white and colored children.
Since the first edition of this book was issued Mr. Stewart has given up his practice in New York and moved to Honolulu, Hawaii, where he is meeting with very great success in his profession.