Race Distinctions in American LawStephenson, Gilbert Thomas
History
Race Distinctions in American Law
Stephenson, Gilbert Thomas
African Americans -- Politics and government; Law -- United States -- History; United States -- Race relations
Attention will be directed not only to the Negro but to other races in
the United States—the Mongolian in the Far West and the Indian in the
Southwest. Of course, by far the largest race element after the
Caucasian is the Negro with its 8,833,994 people of whom eighty-four and
seven-tenths per cent. are in the thirteen States of the South. But it
will be found that in those sections where the Indians have existed or
still exist in appreciable numbers and come into association with the
Caucasian—that is, where they do not still maintain their tribal
relations—race distinctions have separated these two races. This is
equally true of the Japanese and Chinese in the Pacific States. Most of
the discussion will necessarily be of the distinctions between
Caucasians and Negroes, but as distinctions applicable to Mongolians and
Indians arise, they will be mentioned to show that race consciousness is
not confined to any one section or race.
PERIOD COVERED FROM 1865 TO PRESENT
Race distinctions have existed and have been recognized in the law from
the beginning of the settlement of the New World, long before the
thirteen colonies became free and independent States, or before the
Federal Constitution was adopted. The first cargo of Negroes was landed
in Virginia in 1619, only twelve years after the founding of Jamestown.
In 1630, eleven years later, the Virginia Assembly passed the following
resolution:[2] “Hugh Davis to be soundly whipped before an assembly of
Negroes and others, for abusing himself to the dishonor of God and the
shame of Christians, by defiling his body in lying with a Negro.” Many
of the Colonies—later States—prohibited intermarriage between Caucasians
and Negroes whether the latter were slave or free. The Colonies and
States prohibited or limited the movements of free Negroes from one
colony or State to another, prescribed special punishment for adultery
between white persons and Negroes, forbade persons of color to carry
firearms, and in divers other ways restricted the actions of Negroes.
Public-domain text, read in full here on John Shaqi.
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