Papers of the American Negro Academy. (The American Negro Academy. Occasional Papers, No. 18-19.)Grimké, Archibald Henry
History
Papers of the American Negro Academy. (The American Negro Academy. Occasional Papers, No. 18-19.)
Grimké, Archibald Henry
African Americans -- Congresses
This period also contains the two extremes on the scale of
discriminations against the American Negro in statute law. Before this
period there were comparatively few statutory discriminations against
the black race in the Southern States. For in that section the Negro had
no personal rights at law, and discriminatory statutes were not
necessary. When a discrimination is made against a class in statute law,
it is thereby implied that this class has at least some rights based on
the fundamental law of the land. Therefore the legislative
discriminations against black people before this period were found
chiefly in the border states and in the "free" states against "free"
Negroes,—a strange contradiction of terms.—But this decade, from 1860 to
1870, also contains the extremes of the Negro’s legal status in the
South: at the opening of the decade stood the Negro slave, at the close
stood the Negro senator; after the middle of this period the South
passed the extreme "Black Laws," intended to nullify the effect of the
Thirteenth Amendment as far as possible, while at the end of the decade
came the Fifteenth Amendment, marking an epoch. These "Black Laws" of
the South were enacted between 1865 and 1868 and were inspired by the
ratification of the Thirteenth Amendment. They had for their models, it
is said, the similar laws that had been passed in previous decades
against the helpless "free" Negroes of the North and the border states.
But they outdid the models.
These "Black Laws" are worth considering, for in them are found a
sufficient cause and a very cogent reason for the Fourteenth and the
Fifteenth Amendments. There is really no need for the charge that these
two Amendments were the inspiration of revenge or of the desire for
political advantage of the party in power. At any rate, such great
products of statesmanship should stand on their merits, and not be
condemned, even if it could be shown that they were originally based in
unworthy motives. It does not lessen the beauty of the rose if the plant
was sprouted in manure. But the argument of ultra-motive is unnecessary,
for the "Black Laws" of the South were the immediate occasion, and
doubtless the only efficient cause, of the Fourteenth Amendment. After
the passage of the Thirteenth Amendment, if the former slave states had
accorded the ex-slaves even half justice, it is very likely that the
Negro’s friends in Congress would have quickly forgotten him,—as they
have since done in the face of the worst injustices. But it was not
unnatural for the South, after the ratification of the Thirteenth
Amendment which gave the Negro only the lowest degree of freedom, to try
to pass systems of laws that would cause the Negro’s freedom to make as
little change as possible in the social organism and in his relation to
the white race. Not to have done so would have been evidence of
superhuman foresight and self-control. From the standpoint of the
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account