The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1910-04-13

Washington, April 5.-Protesting
against what he terms an attempt in
some Southern States TO reduce the
negro to captivity. Charles ]. Bona
parte, formerly Attorney General of
the United Ctates. filed a brief in the
Supreme Court of the United States
today In behalf of Pink" Franklin,
a South Carolina colored man, who
on a charge of murder, is sentenced
to be hanged.
Franklin, under an agricultural
contract to work for j. ID. Thomas,
In Orangeburg County. S. c.. In 1907
quit before the contract expired A
statute had been passed in South Car
olina making 1t a misdemeanor for a
laborer to break such a contract If
he had become indebted to his en-
ployer. A warrant was swon out for
Franklin's arrest. The constable. III.
L. Valentine, in attempting to arrest
the negro, went to the latter's house,
entered and was killed. Franklin
was convicted OF the murder.
Mr.. Bonaparte's brief attempts to
show that the negro had a right to
resist arrest and protect himself,
family and domicile, because the stat
ute on which the warrant was based
had been held TO be obnoxious to the
State Constitution. violating the Fed
eral Constitution, and that any at
tempt to enforce the provisions by
the arrest Of person in the situa-
tion Of Franklin. constituted q crime
against the United States under the
laws torbidding peonage.
"The South Carolina Act, under
which IL was attempted to reduce the
plaintifr in error to captivity" says
Mr.. Bonaparte, belongs to a class
OF statutes passed in several South
ern States intended to enable land
owners to compel specific perform
ance OF contracts for personal service
on the part Of the agricultural labor
ers. and to this end, making 1t
crime for such laborers to leave the
service OF their employers If they
shall become indebted to the latter.
THE poverty and improvidcnce of
such laborers in these States usually
cause them &c need and request ad-
vances from the land owners during
the season when there is little de-
mand for their labor. and the effect
Of these statutes Is to deprive this
particular class of citizens of their
freedom of contract with respect to
labor as a consequence of this in
debtedness."
He claimed that the warrant for
Franklin's arrest had been held two
months. until Thomas wanted him to
work again. In speaking OF this and
other circumstances. Mr.. Bonaparte
says that 'it Is submitted that the
plaintiff In error was fully justified
In using reasonable force to protect
his person. his liberty and his habi-
tation, and that In his situation, as
shown by the evidence for the State,
the firing OF the fatal shot was not an
unreCIonG5.5 use OF force for these
purpcses."
In Clc~.lg his brief Mr.. Bonaparte
says it seems proper to call the
courts attention TO "the danger of
oppression ana denial OF Constitu-
tlonal rights 30 the class OF citizens
which include the plaintiff in error,
II they are forbidden. on pain of
death TO defend themselves against
similar violent attempts 10 reduce
them to virtual slavery"
IF these poor people are prohibit
ed, under the penalty of death, to
defend their Constitutional rights.
when violently invaded in remote and
Isolated communities. in view Of their
ignorance. frlendlessness and power
ty," he adds. 1T is little better than
a mockery to tell them that Judges
are ready and courts are open to
release them from unlawful re-
straint."