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 law of Mississippi[116] provided that the same liabilities should
rest on Negroes to support their indigents as upon white persons to
support theirs. It levied a tax of one dollar upon every freedman, free
Negro, or mulatto between eighteen and sixty to go into the Freedmen’s
Pauper Fund. If a Negro refused to pay the tax, he might be arrested and
hired out till he had worked out the amount.
The Southern States between 1865 and 1868 passed many statutes relative
to the marital relations of Negroes and to their right to testify in
court. But these statutes are to be discussed in later chapters. It may
be said, however, in passing, that the district judge, so often referred
to in connection with the South Carolina laws, was a special officer
whose main duty was to preside over cases and disputes to which Negroes
were parties.
This chapter has been confined to the early industrial distinctions
between the races—that is, to those laws which related to the rights of
the Negro as a bread-winner. These are the distinctions brought forward
by those who believed in radical reconstruction measures in the South,
as an argument for their position. It was urged by such that, unless
Congress stepped in and took a hand, the Southern States would reënslave
the Negro: they pointed particularly to the laws of Mississippi and
South Carolina in confirmation of their contention. And there was
apparently good ground for such a view. The laws providing that colored
laborers should be called servants and their employers masters, that
they should arise at a certain time and work so many hours per day, that
they could not leave the premises or receive visitors without the
master’s consent, and the like, sounded very much like prescribing the
duties and privileges of a slave. But, on the other hand, many of the
requirements were for the protection of the Negro. Such, for instance,
were the statutes requiring contracts for service to be in writing and
the terms of them explained to the Negro; that helpless ex-slaves should
not be evicted from their old homes within two years from January 1,
1865; that Negro paupers should be cared for; and that the master must
teach his apprentice to read and write, must give him good food and
clothing, and treat him humanely.
A discussion, however, of the merits of these early laws is out of place
here. But it is only fair to remember, in reading them, that the
Southern legislatures were, in many instances, only following precedents
that had been set by the free States in dealing with free Negroes, and
that the States, either Northern or Southern, had not yet looked upon
the Negro as a citizen with the rights guaranteed him by the amended
Federal Constitution. Industrial conditions in the South were so
demoralized by the War and Emancipation that the legislatures considered
it imperative upon them to take immediate and positive steps to
establish an industrial relation between the races.
Public-domain text, read in full here on John Shaqi.
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