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
The constitutionality of these apprentice laws was tested as early as
1867.[112] A Negro girl, who had been a slave in Maryland and had been
freed by the Constitution of that State, November 1, 1864, was, two days
later, apprenticed by her mother to her former master. The laws
governing Negro apprentices differed from those governing white
apprentices in that the master did not obligate himself to teach the
Negro apprentice reading, writing, and arithmetic, and retained the
right to transmit the apprentice anywhere in the county. Upon a petition
for a writ of _habeas corpus_, the Federal court held that the Maryland
law resulted in practical slavery and, hence, violated the Thirteenth
Amendment and the Civil Rights Bill of 1866.
The other Southern States had apprentice laws, possibly as detailed as
the ones here considered, but they cannot be treated of here because
they applied to white and colored children alike.
VAGRANCY LAWS
The present vagrancy laws of the South have been much criticised for the
reason, as it is alleged, that they are used to get recruits for chain
gangs and convict camps, and that Negro vagrants are taken up while
white vagrants go scotfree. Be that as it may, the fault lies with the
officers, not with the law, for the law, on its face, applies to both
races equally. But the first years after the War did witness the
enactment of vagrancy laws which had special application to Negroes.
Some States passed vagrancy laws which made no race distinction, but, as
in the case of apprentices, it is beyond dispute that they were aimed
especially at the Negro.
Public-domain text, read in full here on John Shaqi.
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