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
These laws against the sale of firearms and liquor to Negroes probably
grew out of a fear by the white people of a Negro uprising, such as had
occurred during slavery. The South was in such a turmoil immediately
after the War that stringent precautionary measures were considered
necessary. These statutes have analogies in the present laws of the
Western States against the sale of firearms and liquor to Indians. The
law of Arizona[90] declares that anyone who sells or gives intoxicating
liquor to an Indian is guilty of a misdemeanor, and shall be punished by
a fine of between one hundred and three hundred dollars or imprisoned
between one and six months, or both. The sale or gift or repair of
firearms was added in 1883.[91] Idaho[92] has a law very much the same,
making the fine, however, not over five hundred dollars or the term of
imprisonment not over six months, or both. Dakota Territory,[93] in
1865, made it a misdemeanor to sell or give liquor to Indians.
Nebraska,[94] in 1881, made it an offence punishable by a fine of fifty
dollars to sell liquor to them, and in 1891 made it a felony to sell or
give liquor to any Indian not a citizen, attaching a fine of not over
one thousand dollars or imprisonment in the penitentiary between two and
five years. New Mexico[95] makes the punishment a fine between twenty
and one hundred dollars or imprisonment not over three months. Utah[96]
makes the punishment a fine between ten and one hundred dollars. The law
of Oregon[97] made it lawful for every _white_ male citizen of the age
of sixteen to keep and carry certain arms, impliedly denying that right
to other races. Washington[98] made the punishment for selling or giving
liquor to Indians a fine of between twenty-five and one hundred dollars.
As late as 1903 one finds in the revised statutes of Maine[99] a
provision that one who sells or gives to an Indian intoxicating liquors
forfeits not less than five nor more than twenty dollars, one-half to
complainant. It must be clear that the foregoing laws were not passed
solely for the moral uplift of the Indian, but quite as much as a
protection to white people from drunken Indians. A similar motive must
have actuated the Southern States in enacting the laws of 1865–1868, and
it has been, at least, one incentive for the present prohibition
legislation in the South.
LABOR CONTRACTS OF NEGROES
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account