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
It is not so profitable, however, at this day to study these early
distinctions, for the distinctions based on race were then inseparably
interwoven with those based on the state of slavery. Thus, it is
impossible to say whether a law was passed to regulate a person’s
actions because he was a slave or because he was of the Negro race.
Moreover, the laws relating to race and slave distinctions prior to 1858
were compiled by John Codman Hurd in his two-volume work entitled “The
Law of Freedom and Bondage in the United States,” published in 1858. Any
attempt at a further treatment of the period covered by that work would
result only in a digest of a multitude of statutes, most of which have
been obsolete for many years. But a greater reason for the futility of a
discussion of race distinctions before 1865 is that prior to that date,
as it has been so often expressed, the Negro was considered to have no
rights which the white man was bound to respect. The Dred Scott
decision[3] in 1857 virtually held that a slave was not a citizen or
capable of becoming one, and this dictum, unnecessary to the decision of
the case, did much, says James Bryce,[4] “to precipitate the Civil War.”
If the Negro could enjoy only licenses, claiming nothing as of right, it
is not very valuable to study the distinctions which the master imposed
upon him.
The year 1865 marked the beginning of the present era in race relations.
It was in that year that the Negro became a free man, and that the
Federal Government undertook by successive legislative enactments to
secure and guarantee to him all the rights and privileges which the
Caucasian race had so long enjoyed as its inalienable heritage.
Public-domain text, read in full here on John Shaqi.
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