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 Civil Rights Bill of 1875 was the last effort of Congress to
guarantee to Negroes their civil rights. It is well now to turn back in
point of time, and trace the action of the State legislatures on the
subject. It has been deemed advisable to let the year 1883 be the
dividing point in the history of the latter legislation. Before that
time the States were moving in conjunction with the Nation; after, the
impotence of the Nation having been declared by its Supreme Court, the
burden of defining and securing civil rights to Negroes devolved upon
the States. Moreover, it is well to treat the Southern States and the
States outside the South separately, because of the abnormal conditions
in the former occasioned by Reconstruction.
_In States Outside of South_
Between 1865 and 1883 there was comparatively little legislation in the
Northern, Eastern, and Western States as to civil rights. This was
naturally so because these States were waiting to see what the Federal
government meant to do. A brief examination of what little legislation
there was will be made.
On May 16, 1865, Massachusetts[228] declared that there should be no
distinction, discrimination, or restriction on account of color or race
in any licensed inn, public place of amusement, public conveyance, or
public meeting, and imposed a fine of fifty dollars for the violation of
this law. The next year it included theatres[229] within the
prohibition, but weakened the force of the statute by saying that there
should be no exclusion or restriction “except for good cause.”
The attitude of Delaware[230] toward civil rights is probably the most
interesting of any of the Northern States. On April 11, 1873, its
legislature passed the following “joint resolution in opposition to
making Negroes the equals of white men, politically or socially”:
“That the members of this General Assembly, for the people they
represent, and for themselves, jointly and individually, do hereby
declare uncompromising opposition to a proposed act of Congress,
introduced by Hon. Charles Sumner at the last session, and now on file
in the Senate of the United States, known as the ‘Supplemental Civil
Rights Bill,’ and all other measures intended or calculated to equalize
or amalgamate the Negro race with the white race, politically or
socially, and especially do they proclaim unceasing opposition to making
Negroes eligible to public offices, to sit on juries, and to their
admission into public schools where white children attend, and to the
admission on terms of equality with white people in the churches, public
conveyances, places of amusement, or hotels, and to any measure designed
or having the effect to promote the equality of the Negro with the white
man in any of the relations of life, or which may possibly conduce to
such result.
Public-domain text, read in full here on John Shaqi.
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