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
After 1865 there was comparatively little legislation as to the movement
of Negroes from one State to another. It would have been utterly
impossible to control the migration of the 4,000,000 Negroes then in the
United States. In States where the free Negroes were numbered by only
hundreds or even thousands, the entrance or exit of one was a noticeable
event. Where, however, Negroes were in the majority, a hundred might
have come or gone at once without being noticed. The Constitution of
Georgia[74] of 1865 empowered the general assembly to make laws for the
regulation or prohibition of the immigration of free persons of color
into that State from other places; but the legislature seems not to have
used this power.
Two years earlier, in 1863, the legislature of Kentucky[75] had declared
that it was unlawful for any Negro or mulatto claiming to be free under
the Emancipation Proclamation of January 1, 1863, or under any other
proclamation by the Government of the United States, to migrate to or
remain in the State. Any Negro violating this law was treated as a
runaway slave.
A law of South Carolina,[76] of 1865, provided that no person of color
should migrate to or reside in the State unless, within twenty days
after his arrival, he entered into a bond with two freeholders as
sureties in a penalty of one thousand dollars, conditioned on his good
behavior and for his support if he should become unable to support
himself. If he should fail to execute the required bond, he had to leave
the State within ten days, or be liable to corporal punishment. If,
after being so punished, he should still remain in the State fifteen
days longer, he was to be transported beyond the limits of the State for
life “or kept at hard labor, with occasional solitary confinement, for a
period not exceeding five years.” The same punishment of banishment for
life, or confinement and hard labor for a term was prescribed for any
person of color coming or being brought into South Carolina after having
been convicted of an infamous crime in another State.
That the Southern States believed that the day of the Negro as a laborer
was over was evidenced, not only by their efforts to keep Negroes out of
the State, but also by the fact that so many of them, during the first
years after the War, passed statutes encouraging and offering
inducements to foreign immigrants. The movement to bring foreigners into
the South is still going on, but it has never met with much success.
Although to-day many places, both in the North and in the South, do not
permit Negroes to reside within their borders or even to stay over
night, the above are apparently the last instances where attempts to
limit the movement of Negroes[77] have been made by State legislatures.
Most of the States have concluded to allow Negroes to come and go at
will, but to fix their status while in the State.
LIMITATIONS UPON NEGROES IN RESPECT TO OCCUPATIONS
Public-domain text, read in full here on John Shaqi.
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