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
Practically all of these laws were repealed or became dead letters as
soon as the Fourteenth Amendment was passed or, at least, as soon as the
government of the Southern States went into the hands of the
Reconstructionists. But they are still interesting historically as
having furnished an argument for the radical régime of Reconstruction
which Thaddeus Stevens and his supporters inaugurated and advanced.
NOTES
Footnote 56:
Laws of Md., 1846–47, chap. 27.
Footnote 57:
Art. III, sec. 43.
Footnote 58:
Revised Stat., 1852, pp. 143–46.
Footnote 59:
Laws of Mo., 1847, pp. 103–04.
Footnote 60:
Wilson: “The Rise and Fall of the Slave Power in America,” II, p. 170.
Footnote 61:
Const., 1852, Art. XIII.
Footnote 62:
This was held to be in violation of the Federal Constitution in Smith
v. Moody, 1866, 26 Ind. 299, on the ground that the Negro had become a
citizen and, as such, entitled to migrate from one State into another.
Footnote 63:
The section of the statute which related to colonization was repealed
in 1865 because the legislature thought that those authorized to act
under the statute were not rendering any adequate service to the
State. Laws of Ind., 1865, p. 63.
Footnote 64:
Wilson: “The Rise and Fall of the Slave Power in America,” II, pp.
183–85.
Footnote 65:
Pub. Laws of Ill., 1853, p. 57.
Footnote 66:
Repealed Feb. 7, 1865. Pub. Laws of Ill., 1865, p. 105.
Footnote 67:
Laws of Ia., 1850–51, pp. 172–73.
Footnote 68:
Repealed in 1864. Laws of Ia., 1864, p. 6.
Footnote 69:
Gen. Laws of Ore., 1850–51, pp. 181–82.
Footnote 70:
Flack: “The Adoption of the Fourteenth Amendment,” 1908, John Hopkins
Press, pp. 20, _et seq._
Footnote 71:
Art. IV, sec. 19.
Footnote 72:
Art. VIII.
Footnote 73:
Laws of S. C., 1865, p. 271.
Footnote 74:
Art. II, sec. 5, par. 1.
Footnote 75:
Laws of Ky., 1863, p. 366.
Footnote 76:
Laws of S. C., 1865, p. 276.
Footnote 77:
In three places, at least, in North Carolina a Negro is not allowed to
stay over night. They are Canton (Haywood County), Mitchell, and
Madison Counties, all in the western part of the State. Negroes may
work unmolested all day, but, if they linger after nightfall, they are
reminded that it would not be healthy for them to remain during the
night. The Raleigh, N. C., _News and Observer_, Aug. 19, 1906. Also
see _The Independent_, vol. 59, p. 139, for a similar situation in
Syracuse, Ohio, and Baker: “Following the Colour Line,” pp. 71–73 and
126.
Footnote 78:
Code, 1867, sec. 1237.
Footnote 79:
Code, 1867, sec. 1233; Laws of Ala., 1865–66, p. 105.
Footnote 80:
Laws of S. C., 1865, p. 275.
Footnote 81:
_Ibid._, p. 299.
Footnote 82:
Laws of Miss., 1865, pp. 82–83.
Footnote 83:
Laws of Tenn., 1865, p. 23.
Footnote 84:
Laws of Fla., 1865, pp. 25 and 37.
Footnote 85:
Laws of Miss., 1865, pp. 165–66.
Footnote 86:
Public-domain text, read in full here on John Shaqi.
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