[History of Negro Soldiers in the Spanish-American War, and Other Items of Interest by Edward A. Johnson]@TWC D-Link bookHistory of Negro Soldiers in the Spanish-American War, and Other Items of Interest CHAPTER X 4/27
Under this subtle construction of the Constitution a citizen who lives in a State whose public opinion is hostile becomes a victim of whatever prejudice prevails, and, although the laws may in the letter, afford ample protection, yet those who are to execute them rarely do so in the face of a hostile public sentiment; and thus the Negroes who live in hostile communities become the victims of public sentiment.
Juries may be drawn, and trials may be had, but the juries are usually white, and are also influenced in their verdicts by that sentiment which declares that "this is a white man's government," and a mistrial follows.
In many instances the juries are willing to do justice, but they can feel the pressure from the outside, and in some instance the jurors chosen to try the cases were members of the mob, as in the case of the coroner's jury at Lake City. It is the duty of a State Governor, when he finds public sentiment dominating the courts and obstructing justice, to interfere, and in case he cannot succeed with the sheriff and posse comitatus, then to invoke National aid.
But this step has never yet been taken by any Governor of the States in the interest of Negro citizenship.
Some of the State Governors have made some demonstration by way of threats of enforcing the law against those who organize mobs and take the law into their own hands; and some of the mob murderers have been brought to trial, which in most cases, has resulted in an acquittal for the reason that juries have as aforestated, chosen to obey public sentiment, which is not in favor of punishing white men for lynching Negroes, rather than obey the law; and cases against the election laws and for molesting United States officials have to be tried in the district where these offences occur, and the juries being in sympathy with the criminals, usually acquit, or there is a mistrial because they cannot all agree. THAT MOBOCRACY IS SUPREME in many parts of the Union is no longer a mooted question.
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