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
In the above illustrations only one of the progenitors has been a Negro
and his blood has been the only Negro blood introduced into the line.
Suppose, however, that there is Negro blood in both branches of the
family, as where a mulatto marries a mulatto or a mulatto marries a
Negro. One with a mathematical turn of mind may take these three
generations and work out the various other combinations which would give
X one-half, one-fourth, one-eighth, or any other fraction of Negro
blood.
It is safe to say that in practice one is a Negro or is classed with
that race if he has the least visible trace of Negro blood in his veins,
or even if it is known that there was Negro blood in any one of his
progenitors. Miscegenation has never been a bridge upon which one might
cross from the Negro race to the Caucasian, though it has been a
thoroughfare from the Caucasian to the Negro. Judges and legislators
have gone the length of saying that one drop of Negro blood makes a man
a Negro, but to be a Caucasian one must be all Caucasian. This shows
very clearly that they have not considered Negro blood on a par with
Caucasian; else, race affiliation would be determined by predominance of
blood. By the latter test, if one had more Negro blood than white, he
would be considered a Negro; if more white than Negro, a Caucasian.
Therefore, at the very threshold of this subject, even in the
definitions of terms, one discovers a race distinction. Whether it is a
discrimination depends upon what one considers the relative desirability
of Caucasian and Negro ancestry.
PROPER NAME FOR BLACK MEN IN AMERICA
Having considered how the law defines that heterogeneous group of people
called Negroes, one is brought face to face with the question: What, in
actual practice, is the proper name for the black man in America? Is it
“Negro?” Is it “colored person?” Is it “Afro-American?” If not one of
these, what is it? Among the members of that group, the matter of
nomenclature is of more than academic interest. Thus, Rev. J. W. E.
Bowen, Professor of Historical Theology at Gamman Seminary, Atlanta, and
editor of _The Voice of the Negro_, in 1906, published an article in
that paper with the pertinent title, “Who are We?”
The ways of speaking of members of the Negro race are various. In the
laws, as has been shown, they are called “Negroes,” “Persons of Color,”
“Colored Persons,” “Africans,” and “Persons of African Descent”—more
often “Persons of Color.” By those who would speak dispassionately and
scientifically they are called Negroes and Afro-Americans. Those who are
anxious not to wound the feelings of that race speak of them as “Colored
People” or “Darkies”; while those who would speak contemptuously of them
say “Nigger” or “Coon.” “Nigger” is confined largely to the South;
“Coon,” to the rest of the country. Again, one occasionally finds
“Blacks” and “Black Men” in contradistinction to “Whites” and “White
Men.”
Public-domain text, read in full here on John Shaqi.
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