New national era. [volume] (Washington, D.C.) 1870-1874, 1872-03-28
Explanation and Retaliation.

TO The Editor Of the Neic National Era:
1t is not my intention to misrepresent Mr.
Syphax in no wise, as referred to by G.. w
NJ. in your last issue. Mr.. Syphax is un
doubtedly one of our valuable citizens and {
man of ability, and should for these very rea
sons be watched in his course, approved ant
disapproved of by those who esteem him most
and he is too wise to deny the purity of sucl
a course.
In my adoption of this country I have
welded duty, lore Of race, and integrity, ant
though this be sort of polygamy shall fol
ever Cd. w hold fast to them. G. w. NJ. has
said nothing which could lay claim to an ar
gument in favor of the justice and wisdom o
the jury in rendering verdict for cents
Instead of this he has placed the question
beyond the province of the jury, and presented
it as question of law which he well knows is
the business of the court. He states that
since &C. Mr.. Davis claimed no special damages
his counsel claimed none, hence it was only
a question as to whether transfer is gooC
only at the junction." will ask G.. w. M
what business has the jury with such ques.
ton? One purely involving rules of law
In no wise could the fact of Mr.. Davis being
elected from the car prove the validity of the
transfer. This could only be done by an in.
vestigation of the company's charter, which
when explained would show whether they
had right to make any such contract, as a
transfer ticket is, without the consent of both
parties. But this is not the question only
a question of law--but one of law and facts
and in this manner it must be presented to
company had no right to make any such lille
gal regulations, it remained for the facts to
be proven: viz, that Mr.. Davis had received
damages, and the verdict shows that the jury
considered it in this light, otherwise, the YER
dict was meaningless. If, as claimed, Mr..
Davis not having laid damages, the verdict
was nominal as to his real loss, he was only
entitled to two cents and a half, as he rode
half the way. But it was, Enthusiastically the
intention of the jury to render cents DANA
ges, as showing that Mr.. Davis had sustained
some injury, if not expressed by him, implied
by law, and this was proper in every respect
save the amount. Judge Bowler SAYS page
42l-" Damages are based on the idea of a
loss to be compensated" "This loss how
ever, need not always be distinct and definite
capable of exact description. The law in
many cases presumes loss, when wilfnl
wrong is proved, and thus also damages are
awarded for injured feelings, bodily pain, grief
of mind, and for other things which it would
be impossible to make subjects of exact proof
and computation" Does the jury believe
Mr.. Davis feelings were injured? 1t needs
no further comment to show that through the
instruction of the court the jury had right,
in consOnance with the law, to render ver-
dict for damages accruing from the violation
OF law, and the consequent injury to the ndi-
vidual. But we understand from good au-
thority that damages were laid by the counsel,
and that Mr.. Davis stated to his counsel that
he had sustained damages, and there being
several such cases all were referred at the
same time to the jury, and damages laid at
100000. do not vouch for the accuracy OF
the amount stated.
G. w. M. further says 81 brought in the
question Of color" 1 referred not to color
in relation to Mr.. Davis. But I did refer to
it in relation to the jury. What does amixed
jury mean but that color should have some
effect? 1t means not only that colored men
as citizens have the right to set as Jurors
but also that since injustice has been the
measure for the negro for so many long years
when he was allowed no voice in refuting his
alleged guilt; that now all this is wiped
away be he always present to arrest injustice
so far as in his power, if ever it should ap-
pear, whenever it should appear, and wher-
ever it should appear. Is not jury of white
men likely place to find it? l intend nc
reflection upon good, noble hearted white
men, whose souls swell in sympathy for Jus.
tlce, and hate wrong. l know MANY such,
who are greatly in my esteem. Mr.. Editor ]
have stated my case, and I'll rest. NY opinion
in the case is my own, and, in no wise to be
shaped by any other instrument than law.
d. A. s.
Lecture on the South,