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.
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