arshly to the child." Chief Justice Campbell, in
delivering the opinion of the court said, "It is inconceivable that the
crime of murder is predicable of the facts disclosed by the evidence in
this case. The time and place and circumstances of the killing forbid any
such conclusion as a verdict of guilty of murder." The judgment of the
trial court was reversed.
This same Chief Justice, in the case of Monroe vs. Mississippi, 71 Miss.
201, where a negro was convicted of rape, makes use of the following
brave and noble language, reversing the case on the ground of the
insufficiency of the evidence: "We might greatly lighten our labors by
deferring in all cases to the verdict approved by the presiding judge as
to the facts, but our duty is to administer justice without respect of
persons, and do equal right to the poor and the rich. Hence the
disposition, which we are not ashamed to confess we have, to guard
jealously the rights of the poor and friendless and despised, and to be
astute as far as we properly may, against injustice, whether proceeding
from wilfulness or indifference."
The country has produced no abler jurist, nor the South no greater man
than Ex-Chief Justice Campbell of Mississippi. If the counsel of such men
as he and Chief Justice Garret of the Court of Civil Appeals of Texas,
could obtain in the South, there would be no problem between the races.
All would be contented because justice would be administered to the whites
and blacks alike.
In the administration of the suffrage sections under the new
Constitutions of the South by the partisan boards of registrars, the same
discrimination against negroes was practiced. Their methods are of more or
less interest. The plan was to exclude all negroes from the electorate
without excluding a single white man. Under the Alabama Constitution, a
soldier in the Civil War, either on the Federal or Confederate side, is
entitled to qualification. When a negro goes up to register as a soldier
he is asked for his discharge. When he presents it he is asked, "How do we
know that you are the man whose name is written in this discharge? Bring
us two white men whom we know and who will swear that you have not found
this paper, and that they know that you were a soldier in the company and
regiment in which you claim to have been." This, of course, could not be
done, and the ex-soldier who risked his life for the Union is denied the
right to vote.
The same Constitution pr
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