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
Tennessee,[83] on the other hand, went to the length of expressly
throwing open all trades to Negroes who complied with the license laws
which were applicable to whites and blacks alike.
SALE OF FIREARMS AND LIQUOR TO NEGROES
A fruitful subject of legislation was that relative to the sale of
firearms to Negroes. On January 15, 1866, the legislature of Florida[84]
enacted a law declaring that it was unlawful for a Negro to own, use, or
keep in his possession or control “any bowie-knife, dirk, sword,
firearms or ammunition of any kind” unless he had obtained a license
from the probate judge of the county. To get the license, he had to
present the certificate of two respectable citizens of the county as to
the peaceful and orderly character of the applicant. The violation of
this statute was a misdemeanor punishable by the forfeiture to the use
of the informer of such firearms and ammunition and by standing in a
pillory one hour or by being whipped not over thirty-nine stripes.
In Mississippi[85] the law was that any freedman, free Negro, or
mulatto, not in the military service of the United States nor having a
specified license, who should keep or carry firearms of any kind or any
ammunition, dirk, or bowie-knife should be punished by a fine of not
over ten dollars, and all such arms, etc., should be forfeited to the
informer. The law further provided that, if any white person lent or
gave a freedman, free Negro, or mulatto any firearms, ammunition, dirk,
or bowie-knife, such white person should be fined not over fifty
dollars, or imprisoned not over thirty days. South Carolina[86] did
allow a Negro who was the owner of a farm, to keep a “shot-gun or rifle,
such as is ordinarily used in hunting, but not a pistol, musket, or
other firearm or weapon appropriate for purposes of war.”
It has been seen that some States forbade Negroes to make or sell
intoxicating liquor. Others went a step further and made it unlawful to
sell liquor to Negroes. It is worth noting that one of the early acts of
the legislature of Alabama[87] was to repeal such a law. But
Kentucky[88] forbade a coffee-house keeper to sell liquor to free
Negroes under penalty of a bond of five hundred dollars. Mississippi[89]
made it an offence, punishable by a fine of not over fifty dollars or
imprisonment for not more than thirty days, for a white man to sell,
give, or lend a Negro any intoxicating liquors, except that a master,
mistress, or employer might give him spirituous liquors, but not in
quantities sufficient to produce intoxication.
Public-domain text, read in full here on John Shaqi.
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