The slave trade : $b Slavery and colorJervey, Theodore D. (Theodore Dehon)
History
The slave trade : $b Slavery and color
Jervey, Theodore D. (Theodore Dehon)
African Americans; Slave trade -- United States; Slavery -- United States; United States -- Race relations
So determined were the ruling political leaders of that day, to
enforce their will upon a crushed and impoverished people, that in
South Carolina in 1870, to enforce the provisions of legislation for
social equality, these alien law makers did not hesitate to abrogate
the elementary rule of the criminal law, which provides that the
accused shall be deemed innocent until proven guilty, and so shaped
the legislation, of the Civil Rights Act, that any one accused of
violating its strict and far reaching provisions, on failure to prove
his innocence of the charge, became liable to a fine of one thousand
dollars and also imprisonment in the State penitentiary for five years
at hard labor, which was increased to six years upon failure to pay
the fine. Any one aiding or abetting in the infraction of the law was
liable to a term of three years in the State penitentiary, with the
loss of the right to vote or hold office.[208]
Now, it was while men’s minds in South Carolina were intensely
agitated by the immense sweep of this act, that the whites of one of
the religious denominations of this State found presented for their
consideration, what was deemed by many of the various denominations as
the entering wedge for the removal of distinctions between the races in
the establishment of religious equality.
With regard to equality between men, it has been declared that there
are at least four clearly distinguished connotations attached to the
word, and a great variety of shades in each. These four connotations of
equality are:
“1. Social equality, the tests of which are that we can invite
each other to meet our friends in our homes without any thought of
condescension or patronage and that our sons and daughters may freely
intermarry....
2. Political equality, which is confined to the common possession of a
vote....
3. Religious equality, which consists in common access to religious
privileges on the fulfilment of the conditions prescribed by the
church or the religious bodies.
4. Equality before the law, where the law courts are open to all alike
for the protection of person and property.”[209]
The South Carolina law of 1865 gave to all the Negroes the right to sue
and be sued, and to receive protection under the law in their persons
and property, and therefore apparently the law courts were opened to
all alike; but whether the Negroes thereby obtained a right to trial by
a jury of their peers is a question.
As to those members of the colored race possessing seven-eighths or
more of Caucasian blood, as far as law could make them, they were white.
Reconstruction attempted to extend to all of the colored race what had
been extended to this portion; and now a portion were applying for
religious equality.
The question was whether there was any distinction between religious
and social equality?
That depends upon the estimate of each individual as to what “The
Church” is.
Public-domain text, read in full here on John Shaqi.
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