Contemporary American History, 1877-1913 — John Shaqi
Contemporary American History, 1877-1913Beard, Charles A. (Charles Austin)
History
Contemporary American History, 1877-1913
Beard, Charles A. (Charles Austin)
United States -- History -- 1865-1921
Undoubtedly there is an admissible distinction between discrimination
against negroes in the selection of juries and the discrimination
against them in inns and public conveyances, for the former may have
definite connection with the security of those civil rights of person
and property--as distinct from social rights--which the Fourteenth
Amendment was clearly designed to enforce. This was the principle which
was brought out by the Court in the two decisions.[5] But if Justice
Bradley in the Civil Rights cases had frankly made the distinction
between _civil_ and _social_ rights, and declared the act
unconstitutional on the ground that it attempted to secure social rights
which the Fourteenth Amendment was not intended to establish, then the
decisions of the Court would have been far more definite in character.
Even if the Supreme Court had not declared the social equality provision
of the Civil Rights Act unconstitutional, it is questionable whether any
real attempt would have been made to enforce it. As it turned out, the
Court gave judicial sanction to a view undoubtedly entertained by the
major portion of the whites everywhere, and it encouraged the South to
proceed with further discriminatory legislation separating the races in
all public and quasi-public places. Railroads and common carriers were
compelled to provide separate accommodations for whites and blacks, "Jim
Crow Cars," as they are called in popular parlance, and to furnish
special seats in street railway cars. These laws have also been upheld
by the courts; but not without a great strain on their logical
faculties.
Undoubtedly there are mixed motives behind such legislation. It is in
some part a class feeling, for whites are allowed to take their colored
servants in the regular coaches and sleeping cars. Nevertheless, the
race feeling unquestionably predominates. As the author of the Louisiana
"Jim Crow Car" law put it: "It is not only the desire to separate the
whites and blacks on the railroads for the comfort it will provide, but
also for the moral effect. The separation of the races is one of the
benefits, but the demonstration of the superiority of the white man over
the negro is the greater thing. There is nothing that shows it more
conclusively than the compelling of negroes to ride in cars marked for
their especial use."
_The Attitude of the North_
Public-domain text, read in full here on John Shaqi.
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