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
Colored man White man Total Number of
White woman Colored woman Mixed Marriages
1900 32 3 35
1901 30 1 31
1902 25 4 29
1903 27 2 29
1904 27 1 28
1905 17 2 19
1906 17 2 19
1907 28 4 32
From this it appears that the number, never appreciably large, has been
steadily decreasing.
The following is what Mr. Ray Stannard Baker[213] has to say about the
precise fact of intermarriages in the Northern States in general: “In
the great majority of intermarriages the white women belong to the lower
walks of life. They are German, Irish, or other foreign women,
respectable but ignorant. As far as I can see from investigating a
number of such cases, the home life is as happy as that of other people
in the same stratum of life. But the white woman who marries a Negro is
speedily declassed: she is ostracised by the white people, and while she
finds a certain place among the Negroes, she is not even readily
accepted as a Negro. In short, she is cut off from both races. When I
was at Xenia, O., I was told of a case of a white man who was arrested
for living with a Negro woman. The magistrate compelled him to marry the
Negro woman as the worst punishment he could invent.
“For this reason, although there are no laws in most Northern States
against mixed marriages, and although the Negro population has been
increasing, the number of intermarriages is not only not increasing, but
in many cities, as in Boston, it is decreasing. It is an unpopular
institution.”
NOTES
Footnote 150:
State v. Bell, 1872, 7 Baxter (Tenn.) 9.
Footnote 151:
State v. Ross, 1877, 76 N. C. 242; State v. Kennedy, 1877, 76 N. C.
251.
Footnote 152:
Laws of S. C., 1866, extra sess., pp. 393–94.
Footnote 153:
Laws of Tex., 1866, p. 131.
Footnote 154:
Laws of Ark., 1866–67, p. 99.
Footnote 155:
Art. I, sec. 11.
Footnote 156:
Art. I, par. 18.
Footnote 157:
Scott v. State, 1869, 39 Ga. 321.
Footnote 158:
Sec. 102.
Footnote 159:
Const., 1885, art. XVI, sec. 24.
Footnote 160:
Const., 1890, art. XIV, sec. 7.
Footnote 161:
Const., 1875, art. XIV, sec. 8.
Footnote 162:
Const., 1895, art. III, sec. 33.
Footnote 163:
Const., 1870, art. XI, sec. 14.
Footnote 164:
Code, 1907, III, sec. 7421.
Footnote 165:
Revised Stat., 1901, secs. 3092 and 3094.
Footnote 166:
Kirby’s Digest, 1904, secs. 5174, 5177, and 5183.
Footnote 167:
Civil Code, 1906, sec. 60.
Footnote 168:
Revised Stat., 1908, secs. 4163 and 4165.
Footnote 169:
Public-domain text, read in full here on John Shaqi.
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