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
Another perplexing problem that faced the Southern legislatures was how
to meet the needs of the paupers, white and Negro. Much of the property
of the white people had been swept away entirely or had greatly
deteriorated in value as a result of the War. Few of the Negroes, to be
sure, had property to lose, but what was worse, they had lost their
right to look to the white people for sustenance. Many of them were
unable to support themselves, and the white people could not help them.
The legislatures, therefore, adopted the plan of levying a tax upon each
race for the support of its own indigents. South Carolina and
Mississippi again took the lead.
In South Carolina,[115] when a person of color was unable to earn his
support and was likely to become a public charge, the father and
grandfathers, mother and grandmothers, child and grandchildren, brother
and sister of such a person should each according to ability contribute
for the support of his or her relative. In each judicial district there
was a “Board of Relief of Indigent Persons of Color,” consisting of from
four to eight magistrates, each magistrate looking after the indigent
Negroes in his precinct. There was a fund, composed of fees paid for the
approval of contracts for service, instruments of apprenticeship,
licenses, fines, penalties, forfeitures, and wages of convicts, for the
relief of indigent Negroes. If this fund was insufficient, the board
might impose a tax of one dollar upon all male persons of color between
eighteen and fifty, and fifty cents upon each female between eighteen
and forty-five. This tax had to be paid on the day fixed or the person
rendered himself liable to pay a double tax. It was the duty of every
occupant of premises to make a report to the magistrate of any indigent
colored person thereon, and the magistrate had to make inquiry into the
condition and wants of such Negroes so reported. Moreover, the
magistrate had to make a semiannual report of the condition of such
Negroes to the chairman of the Board of Relief. The machinery for taking
care of Negro paupers was worked out in more detail than it would be
profitable to go into here.
South Carolina made also these very humane provisions: Where, upon any
farm or lands, there were, on December 21, 1865, persons of color who
were formerly the slaves of the owner, lessee, or occupant of the farm
or lands present there on November 10, 1865, and had been there six
months previous, helpless, either from old age, infancy, disease, or
other cause, and unable to maintain themselves and had no parent or
other relative able to maintain them or to provide other houses or
quarters, it was not lawful for the present or any subsequent owner,
lessee, or occupant before January 1, 1867, to evict such helpless
person of color, under penalty of a fine of fifty dollars, or
imprisonment of one month.
Public-domain text, read in full here on John Shaqi.
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