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
This sketch of the “Black Laws” of some of the free States, incomplete
as it is, is sufficient to show how those States regarded free Negroes.
First, they tried to keep Negroes out; and, secondly, they subjected
those that remained to various disabilities. When the first Civil Rights
Bill was before Congress, the strongest opposition to its passage was on
the ground that it would compel the free States to repeal these “Black
Laws” and allow Negroes to intermarry with whites, attend the same
schools, sit on juries, vote, bear firearms,[70] etc. The free Negro
constituted a distinct class between the slave and the master, his
condition being more nearly that of a slave.
The Southern States had been afraid of the free Negro. He was a sort of
irresponsible being, neither bond nor free, who was likely to spread and
foster discontent among the slaves. When a slave was emancipated, it was
desired that he leave the State forthwith. Thus, the Virginia
Constitution[71] of 1850 provided that emancipated slaves who remained
in the Commonwealth more than twelve months after they became actually
free, should forfeit their freedom and be reduced to slavery under such
regulations as the law might prescribe. The free Negro was truly between
the devil and the deep sea. If he stayed in the State, he would be
reënslaved; if he went to a free State, he would be liable to
prosecution there for violating the laws against the immigration of free
persons of color.
As one turns to the first laws passed by the Southern States after
Emancipation, he should keep in mind that these States were only
grappling with the old problem of the free Negro, now on a much larger
scale, which problem the free States had disposed of already in the
manner just seen. As yet, the Southern States had no conception of the
Negro as a citizen with inalienable rights to be recognized and
protected. For instance, the Constitution of Mississippi[72] of 1832, as
amended August 1, 1865, abolished slavery and empowered the legislature
to make laws for the protection and security of the persons and property
of freedmen, and to guard “them and the State against any evils that may
arise from their sudden emancipation.” And the laws of South
Carolina,[73] of the same year, provided that, “although such persons
[Negroes] are not entitled to social or political equality with white
persons,” they might hold property, make contracts, etc. except as
hereinafter modified.
RESTRICTIONS UPON MOVEMENT OF NEGROES
Public-domain text, read in full here on John Shaqi.
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