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
There is a difference between actual race distinctions—those practiced
every day without the sanction of law—and legal race distinctions—those
either sanctioned or required by statutes or ordinances. Law is
crystallized custom. Race distinctions now recognized by law were
habitually practiced long before they crystallized into statutes. Thus,
actual separation of races on railroad coaches—if not in separate
coaches, certainly in separate seats or portions of the coach—obtained
long before the “Jim Crow” laws came into existence. Moreover,
miscegenation was punished before the legislature made it a crime. Some
race distinctions practiced to-day will probably be sanctioned by
statute in the future; others will persist as customs. In some Southern
cities, for instance, there are steam laundries which will not accept
Negro patronage. Everywhere in the South and in many places in other
sections, there are separate churches for the races. It is practically a
universal custom among the white people in the South never to address a
Negro as “Mister” or “Mistress.” This custom obtains to some extent
elsewhere. Thus, in a recent case before a justice of the peace in
Delaware in which the parties were Negroes, one of them insisted upon
speaking of another Negro as “Mister.” The justice forbade him so to do,
and, upon his persisting, fined him for contempt. Yet, these
distinctions and many others that might be cited are not required by
law, and some of them, if expressed in statutes, would be
unconstitutional.
Most race distinctions, however, are still uncrystallized. But these
will be mentioned merely for illustration, since the purpose here is to
discuss only those distinctions which have been expressed in
constitutions, statutes, and judicial decisions. Mr. Ray Stannard Baker
in his “Following the Colour Line,”[1] has admirably depicted actual
race relations in the United States. He has gone in person out upon the
cotton plantations of the Lower South; into the Negro districts of
cities in the South, East, and North; into schools, churches, and court
rooms; and has described how the Negro lives, what he does, what he
thinks about himself and about the white man, and what the white man
thinks about him. By studying the race distinctions he describes from
the other standpoint suggested—that is, by tracing their gradual
crystallization into statutes and judicial decisions, a better
understanding may be had of race distinctions in general.
ALL RACE ELEMENTS INCLUDED
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