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.
CHAPTER XII.
Previous to my resolve to settle in the South I had read and learned much of politics and politicians; the first as being environed by abnormal conditions unstable and disquieting—the class that had established and controlled the economy of the Southern States; had been deposed in the wage of sanguinary battle on many well contested fields—deposed by an opponent equally brave, and of unlimited resources; defeated, but unsubdued in the strength of conviction in the rightfulness of their cause. A submission of the hand but not of the heart. New constitutions granting all born beneath the flag equality of citizenship and laws in unison adopted, and new officers alien to local feeling were the executors.
It is unnecessary here to remark that if a succession of love feasts had been anticipated, they had been indefinitely postponed.
For the officers of the new system were by their whilom predecessors ordered to go "nor stand upon the order of their going," the bullet at times conveying the order. Assassinations, lynchings, and reprisals by both parties to the feud were of daily occurrence. The future for life, liberty, and pursuit of happiness in busy city or sylvan grove, was not alluring. My subsequent career makes it necessary for me to arise to explain. Taking at the time a calm survey of the situation, an addition to the column of martyrs seemed to me unnecessary. I believed in the principles of the Republican party and as a private I was willing to vote, work, and be slightly crippled; but had not reached the bleeding and dying point. With such conclusions I resolved to come, and confine myself to the pursuit of my profession and give politics a "terrible letting alone." Oh, if abandoned resolutions were a marketable commodity, what emporium sufficiently capacious and who competent to classify!