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
There are certain statutes as to crimes which, though they do not
mention the Negro in so many words, are thought by many to have peculiar
application to him. The vagrancy laws of the Southern States, for
instance, have been considered as directed primarily against Negroes.
Some of the States made it a crime for one to sell cotton in bags
between certain hours of the night. This was probably a result of the
habit attributed to the Negro of hiding cotton in the jambs of the
fences and woods in the daytime to take to the cross-roads store at
night. Missouri,[655] in 1903, made chicken-stealing a felony punishable
by imprisonment for five years, or a fine of two hundred dollars. The
next year, Kentucky[656] passed the following statute: “That if any
person shall steal chickens, turkeys, ducks, or other fowls of the value
of two dollars, or more, he shall be confined in the penitentiary not
less than one nor more than five years.” Whether this is an indirect
race distinction or not, the writer will not take it upon himself to
decide.
Some of the States have enacted statutes to the effect that the
punishment for the members of all races shall be the same for the same
offence. Delaware[657] did so in 1867. In Mississippi,[658] in 1865,
Negroes were given the right to procure the arrest of a white person;
but, if the arrest were false and malicious, the Negro must pay all the
costs, be fined not over fifty dollars, and imprisoned not over twenty
days. In 1867, however, a statute said that Negroes must have the same
punishment as white people. South Carolina,[659] as has been seen,
repealed all laws prescribing different punishment for Negroes.
The following interesting bit of news is taken from an Associated Press
report of July 21, 1909: “Mobile, Ala.—The commissioners to-day
established a curfew law for Negroes. Commencing to-night, all the
blacks must be at home or in bed at 10 P.M. Any of them caught wandering
at large will be locked up. This action is due to an epidemic of
hold-ups perpetrated by Negroes.”
Public-domain text, read in full here on John Shaqi.
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