"I was released in November, after the proceedings and findings of the court had been returned from Washington, where they had been sent for the approval of the President, having been in arrest for three months. But I was not destined to enjoy my liberty for any length of time, for on the 13th of December, same year, I was in the ranks of the guard, and was stepped on two or three times by Cadet Anderson, one of my cla.s.smates, who was marching beside me.

"As I had had some trouble with the same cadet some time before, on account of the same thing I believed that he was doing it intentionally, and as it was very annoying, I spoke to him about it, saying: "I wish you would not tread on my toes.' He answered: 'Keep your d--d toes out of the way.' Cadet Birney, who was standing near by, then made some invidious remarks about me, to which I did not condescend to reply. One of the Cadet Corporals, Bailey, reported me for 'inattention in ranks,' and in my written explanation of the offence, I detailed the circ.u.mstances, but both Birney and Anderson denied them, and the Commandant of Cadets took their statement in preference to mine, and preferred charges against me for falsehood.

"I was court martialled in January, 1871, Captain Piper, Third Artillery, being President of the court.

By this court I was found I 'guilty,' as I had no witnesses, and had nothing to expect from the testimony of the witnesses for the prosecution. Cadet Corporal Bailey, who made the report, Cadets Birney and Anderson were the witnesses who convicted me; in fact they were the only witnesses summoned to testify in the case. The sentence of the court was that I should be dismissed, but it was changed to one year's suspension, or, since the year was almost gone before the finding of the court was returned from Washington, where it was sent for the approval of President Grant, I was put back one year.

"I had no counsel at this trial, as I knew it would be useless, considering the one-sided condition of affairs.

I was allowed to make the following written statement of the affair to be placed among the records of the proceedings of the court:

"'May it please the court: I stand here to-day charged with a most disgraceful act--one which not only affects my character, but will, if I am found guilty, affect it during my whole life--and I shall attempt, in as few words as possible, to show that I am as innocent as any person in this room. I was reported on the 18th of December, 1870, for a very trivial offence. For this offence I submitted an explanation to the Commandant of Cadets. In explanation I stated the real cause of committing the offence for which I was reported.

But this cause, as stated, involved another cadet, who, finding himself charged with an act for which he was liable to punishment, denies all knowledge of it. He tries to establish his denial by giving evidence which I shall attempt to prove absurd. On the morning of the 13th of December, 1870, at guard- mounting, after the new guard had marched past the old guard, and the command of "Twos left, halt!" had been given, the new guard was about two or three yards to the front and right of the old guard. Then the command of "Left backward, dress," was given to the new guard, "Order arms, in place rest." I then turned around to Cadet Anderson, and said to him, "I wish you would not tread on my toes." This was said in a moderate tone, quite loud enough for him to hear. He replied, as I understood, " Keep your d-d toes out of the way." I said nothing more, and he said nothing more. I then heard Cadet Birney say to another cadet--I don't know who it was--standing by his side, "It (or the thing) is speaking to Mr. Anderson. If he were to speak to me I would knock him down." I heard him distinctly, but as I knew that he was interfering in an affair that did not concern him, I took no further notice of him, but turned around to my original position in the ranks.

What was said subsequently I do not know, for I paid no further attention to either party. I heard nothing said at any time about taking my eyes away, or of Cadet Anderson compromising his dignity. Having thus reviewed the circ.u.mstances which gave rise to the charge, may it please the court, I wish to say a word as to the witnesses. Each of these cadets testifies to the fact that they have discussed the case in every particular, both with each other and with other cadets. That is, they have found out each other's views and feelings in respect to it, compared the evidence which each should give, the probable result of the trial; and one has even testified that he has expressed a desire as to the result. Think you that Cadet Birney, with such a desire in his breast, influencing his every thought and word, with such an end in view, could give evidence unbia.s.sed, unprejudiced, and free from that desire that "Cadet Smith might be sent away and proved a liar?"

Think you that he could give evidence which should be "the truth, the whole truth, and nothing but the truth, so help me G.o.d?" It seems impossible for me to have justice done me by the evidence of such witnesses, but I will leave that for the court to decide. There is another question here which must be answered by the finding of the court. It is this: "Shall Cadet Smith be allowed to complain to the Commandant of Cadets when he considers himself unjustly dealt with?" When the court takes notice of the fact that this charge and these specifications are the result of a complaint made by me, it will agree with me as to the importance its findings will have in answering that question. As to what the finding will be, I can say nothing; but if the court is convinced that I have lied, then I shall expect a finding and sentence in accordance with such conviction. A lie is as disgraceful to one man as another, be he white or black, and I say here, as I said to the Commandant of Cadets, "If I were guilty of falsehood, I should merit and expect the same punishment as any other cadet;" but, as I said before, I am as innocent of this charge as any person in this room. The verdict of an infallible judge--conscience-- is, "Not guilty," and that is the finding I ask of this court.

"Respectfully submitted.

(Signed) "'J. W. SMITH, "'Cadet U.S.M.A.'

"'Thus ended my second and last court-martial.

"Yours respectfully,

"J. W. SMITH, "Late Cadet U.S.M.A."

THE HONOR OF A CADET AND GENTLEMAN.

To the Editor of the New National Era:

"SIR: In relating the events of my first year at West Point, I omitted one little affair which took place, and I will now relate the circ.u.mstances. One Sunday, at dinner, I helped myself to some soup, and one cadet, Clark, of Kentucky, who sat opposite me at table, asked me what I meant by taking soup before he had done so. I told him that I took it because I wished it, and that there was a plenty left. He seemed to be insulted at that, and asked: 'Do you think I would eat after a d--d n.i.g.g.e.r?' I replied: 'I have not thought at all on the subject, and, moreover, I don't quite understand you, as I can't find that last word in the dictionary.' He then took up a gla.s.s and said he would knock my head off. I told him to throw as soon as he pleased, and as soon as he got through I would throw mine. The commandant of the table here interfered and ordered us to stop creating a disturbance at the table, and gave me to understand that thereafter I should not touch any thing on that table until the white cadets were served.

"When we came back from dinner, as I was going into my room, Cadet Clark struck at me from behind. He hit me on the back of my neck, causing me to get into my room with a little more haste than I antic.i.p.ated, but he did not knock me down. He came into my room, following up his advantage, and attempted to take me by the throat, but he only succeeded in scratching me a little with his nails, as I defended myself as well as possible until I succeeded in getting near my bayonet, which I s.n.a.t.c.hed from the scabbard and then tried to put it through him. But being much larger and stronger than I, he kept me off until he got to the door, but then he couldn't get out, for some one was holding the door on the outside, for the purpose, I suppose, of preventing my escape, as no doubt they thought I would try to get out. There were a great many cadets outside on the stoop, looking through the window, and cheering their champion, with cries of 'That's right, Clark; kill the d--d n.i.g.g.e.r,' 'Choke him,' 'Put a head on him,' etc., but when they saw him giving way before the bayonet, they cried, 'Open the door, boys,' and the door was opened, and Mr. Clark went forth to rejoice in the bosom of his friends as the hero of the day. The cadet officer of the day 'happened around' just after Clark had left, and wanted to know what did I mean by making all that noise in and around my quarters. I told him what the trouble was about, and soon after I was sent for by the 'officer in charge,' and questioned in reference to the affair. Charges were preferred against Clark for entering my room and a.s.saulting me, but before they were brought to trial he sent two of his friends tome asking if I would withdraw the charges providing he made a written apology. I told these cadets that I would think of the matter and give them a definite answer the next evening.

"I was perfectly well satisfied that he would be convicted by any court that tried him; but the cadets could easily prove (according to their way of giving evidence) that I provoked the a.s.sault, and I, besides, was utterly disgusted with so much wrangling, so when the cadets called that evening I told them that if his written apology was satisfactory I would sign it, submit it to the approval of the Commandant of Cadets, and have the charges withdrawn.

"They then showed me the written apology offered by Clark, in which he stated that his offence was caused by pa.s.sion, because he thought that when I pa.s.sed him on the steps in going to my room I tried to brush against him. He also expressed his regret for what he had done, and asked forgiveness. I was satisfied with his apology, and signed it, asking that the charges be withdrawn, which was done, of course, and Clark was released from arrest. I will, in justice to Cadet Clark, state that I never had any further trouble with him, for, while he kept aloof from me, as the other cadets did, he alway thereafter acted perfectly fair by me whenever I had any official relations with him.

"A few days after the settlement of our dispute I found, on my return from fencing one day, that some one had entered my room and had thrown all my clothes and other property around the floor, and had thrown the water out of my water-pail upon my bed. I immediately went to the guard-house and reported the affair to the officer of the day, who, with the 'officer in charge,' came to my room to see what had been done. The officer of the day said that he had inspected my quarters soon after I went to the Fencing Academy and found everything in order, and that it must have been done within a half hour. The Commandant of the Cadets made an investigation of the matter, but could not find out what young 'gentleman'

did it, for every cadet stated that he knew nothing of it, although the corps of cadets has the reputation of being a truthful set of young men.

"'Upon my honor as a cadet and a gentleman,'" is a favorite expression with the West Point cadet; but what kind of honor is that by which a young man can quiet his conscience while telling a base falsehood for the purpose of shielding a fellow-student from punishmen for a disgraceful act? They boast of the esprit de corps existing among the cadets; but it is merely a cloak for the purpose of covering up their iniquities and silencing those (for there are some) who would, if allowed to act according to the dictates of their own consciences, be above such disgraceful acts. Some persons might attribute to me the same motives that actuated the fox in crying 'sour grapes,'

and to such I will say that I never asked for social equality at West Point. I never visited the quarters of any professor, official, or cadet except on duty, for I did not wish any one to think that I was in any way desirous of social recognition by those who felt themselves superior to me on account of color. As I was never recognized as 'a cadet and a gentleman,' I could not enjoy that blessed privilege of swearing 'upon my honor,' boasting of my share in the esprit de corps, nor of concealing my sins by taking advantage of them. Still, I hope that what I lost (?) by being deprived of these little benefits will be compensated for the 'still small voice,' which tells me that I have done my best.

"Yours respectfully,

"J. W. SMITH, "Late Cadet U.S.M.A."

COLUMBIA, S.C., August 19, 1874.

To the Editor of the New National Era:

"SIR: My communications, thus far, have brought me to the end of my first year at the Academy, and now we come to the events of the second. In June of 1871, the proverbial silver lining, which the darkest cloud is said to have, began to shine very faintly in the West Point firmament, and I thought that at last the darkness of my cadet life was to be dispelled by the appearance above the horizon of another colored cadet.

And, indeed, I was not disappointed, for, one day, I was greeted by the familiar face and voice of Mr. H. A.

Napier, a former fellow-student at Howard University.

Soon after his arrival, and admittance, the corps of 'cadets, accompanied by the 'plebes,' took up quarters in camp-- 'plebe camp' to the latter, and 'yearling camp' to us who had entered the previous year.

"During the cadet encampment there are certain dances given three times each week, known as 'Cadet Hops.'

These 'hops' are attended by the members of the first and third cla.s.ses, and their lady friends, and no 'plebe' ever has the a.s.surance of dreaming of attending the 'hops' until he shall have risen to the dignity of a 'yearling'--third-cla.s.sman. So long as I was a 'plebe,' no one antic.i.p.ated any such dire calamity as that I would attend the 'hops,' but as soon as I became a 'yearling,' and had a perfect right to go, if I wished, there was a great hue and cry raised that the sanct.i.ty of the 'hop' room was to be violated by the colored cadet.

"Meetings were held by the different cla.s.ses, and resolutions pa.s.sed to the effect that as soon as the colored cadet entered the 'hop' room, the 'hop'

managers were to declare the 'hop' ended, and dismiss the musicians. But the 'hops' went on undisturbed by the presence of the colored cadet for two or three weeks, and all began to get quiet again, when one day my brother and sister, with a couple of lady friends whom they had come to visit, came to camp to see me.

"This started afresh the old report about the 'hops,'

and every one was on the qui vive to get a glimpse of 'n.i.g.g.e.r Jim and the n.i.g.g.e.r wenches who are going to the hops,' as was remarked by a cadet who went up from the guard tent to spread the alarm through camp.

"In a few minutes thereafter the 'gentlemen' had all taken position at the end of the 'company street,' and, with their opera-gla.s.ses, were taking observations upon those who, as they thought, had come to desecrate the 'hop' room. I was on guard that day, but not being on post at that time, I was sitting in rear of the guard tents with my friends--that place being provided with camp-stools for the accommodation of visitors-- when a cadet corporal, Tyler, of Kentucky, came and ordered me to go and fasten down the corner of the first guard tent, which stood a few paces from where we were sitting.

"I went to do so, when he came there also, and immediately began to rail at me for being so slow, saying he wished me to know that when he ordered me to do anything, I must 'step out' about it, and not try to shirk it. I said nothing, but fastened down the corner of the tent, and went back to where my friends were.

"In a few minutes afterwards he came back, and wanted to know why I hadn't fastened down that tent wall. I told him that I had.

"He said it was not fastened then, and that he did not wish any prevarication on my part.

"I then told him that he had no authority to charge me with prevarication, and that if he believed that I had not fastened down the tent wall, the only thing he could do was to report me. I went back to the tent and found that either Cadet Tyler or some other cadet had unfastened the tent wall, so I fastened it down again. Nothing now was said to me by Cadet Tyler, and I went back to where my friends were: but we had been sitting there only about a half hour, when a private soldier came to us and said, 'It is near time for parade, and you will have to go away from here.' I never was more surprised in my life, and I asked the soldier what he meant, for I surely thought be was either drunk or crazy, but he said that the superintendent had given him orders to allow no colored persons near the visitors' seats during parade.

"I asked him if he recognized me as a cadet. He said he did. I then told him that those were my friends; that I had invited them there to see the parade, and that they were going to stay. He said he had nothing to do with me, of course, but that he had to obey the orders of the superintendent. I then went to the officer of the guard, who was standing near by, and stated the circ.u.mstances to him, requesting him to protect us from such insults. He spoke to the soldier, saying that he had best not try to enforce that order, as the order was intended to apply to servants, and then the soldier went off and left us.

"Soon after that the drum sounded for parade, and I was compelled to leave my friends for the purpose of falling in ranks, but promising to return as soon as the parade was over, little thinking that I should not be able to redeem that promise; but such was the case, as I shall now proceed to show.

"Just as the companies were marching off the parade ground, and before the guard was dismissed, the 'officer in charge,' Lieutenant Charles King, Fifth Cavalry, came to the guard tent and ordered me to step out of ranks three paces to the front, which I did.

"He then ordered me to take off my accoutrements and place them with my musket on the gun rack. That being done, he ordered me to take my place in the centre of the guard as a prisoner, and there I stood until the ranks were broken, when I was put in the guard tent.

Of course my friends felt very bad about it, as they thought that they were the cause of it, while I could Not speak a word to them, as they went away; and even if I could have spoken to them, I could not have explained the matter, for I did not know myself why I had been put there--at least I did not know what charge had been trumped up against me, though I knew well enough that I had been put there for the purpose of keeping me from the 'hop,' as they expected I would go.

The next morning I was put 'in arrest' for 'disobedience of orders in not fastening down tent wall when ordered,'

and 'replying in a disrespectful manner to a cadet corporal,' etc.; and thus the simplest thing was magnified into a very serious offence, for the purpose of satisfying the desires of a few narrow-minded cadets.

That an officer of the United States Army would allow his prejudices to carry him so far as to act in that way to a subordinate, without giving him a chance to speak a word in his defence--nay, without allowing him to know what charge had been made against him, and that he should be upheld in such action by the 'powers that be,' are sufficient proof to my mind of the feelings which the officers themselves maintained towards us.

While I was in ranks, during parade, and my friends were quietly sitting down looking at the parade, another model 'officer and gentleman,' Captain Alexander Piper, Third Artillery--he was president of my second court- martial--came up, in company with a lady, and ordered my brother and sister to get up and let him have their camp-stools, and he actually took away the camp-stools and left them standing, while a different kind of a gentleman--an 'obscure citizen,' with no aristocratic West Point dignity to boast of--kindly tendered his camp-stool to my sister.

"I only wish I knew the name of that gentleman; but I could not see him then, or I should certainly have found it out, though in answer to my brother's question as to his name, he simply replied, 'I am an obscure citizen.' What a commentary on our 'obscure citizens,'

who know what it is to be gentlemen in something else besides the name--gentlemen in practice, not only in theory--and who can say with Burns that 'a mans a man for a' that,' whether his face be as black as midnight or as white as the driven snow.

"There is something in such a man which elevates him above many others who, having nothing else to boast of, can only say, 'I am a white man, and am therefore your superior,' or 'I am a West Point graduate, and therefore an officer and a gentleman.'

"After the usual 'investigation' by the Commandant of Cadets, I was sentenced to be confined to the 'company street' until the 15th of August, about five weeks, so that I could not get out to see my brother and sister after that, except when I was at drill, and then I could not speak to them. I tried to get permission to see them in the 'Visitors' Tent' the day before they left the 'Point' on their return home, but my permit was not granted, and they left without having the privilege of saying 'Good-by.'

"I must say a word in reference to the commandant's method of making 'investigations.' After sending for Cadet Corporal Tyler and other white cadets, and hearing their side of the story in reference to the tent wall and the disrespectful reply, he sent for me to hear what I had to say, and after I had given my version of the affair, he told me that I must surely be mistaken, as my statement did not coincide with those of the other cadets, who were unanimous in saying that I used not only disrespectful, but also profane language while addressing the cadet corporal. I told him that new Cadet Napier and my brother were both there and heard the conversation, and they would substantiate my statement if allowed to testify. He said he was convinced that I was in the wrong, and he did not send for either of them.

What sort of justice is that which can be meted out to one without allowing him to defend himself, and even denying him the privilege of calling his evidence?

What a model Chief Justice the Commandant of Cadets would make, since he can decide upon the merits of the case as soon as he has heard one side. Surely he has missed his calling by entering the army, or else the American people cannot appreciate true ability, for that 'officer and gentleman' ought now to be wearing the judicial robe so lately laid down by the lamented Chase.