The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1910-10-04
RACE DISTINCTION
IN AMERICAN LAW
A Book by a North Car0Imian
That Covers a New Field

L LII -
proper and permanent relation be
tween the white and colored race in
America. The author of Race DIS
tinctions in American Laws by Gilbert
Il. Stephenson, a North Carollnlan, re-
Gently graduated at Harvard, under
took this work with the hope of gain
ing new light on the subject. It is
not a legal realise, although the
sources are, in the main, constitutions,
statutes, and court reports. IL IS
written in a style that will interest the
iayman as we'll as the lawyer he
has examined the Constitutions. stat
utes and judicial decisions Of the
United States and of the States and
Territories between 1865 and the pres
ent time to find the laws that H.Ve
made any distinction persons
on the basis Of race.
To some extent reference is made
to the laws in force before 1865, bu1
only as the background OF later legls-
lation and decisions. 1t fs not con-
fined to the Southern States, but in
deed to the whole United States. The
study is full, comprehensive and in
s~truCtive, and after discussing in chap
ter one various aspects and defln1-
lions of race distinction and contrasts
there are twelve chapters devoted to
every phase of the subject. The dis
cussion What is a Negro?" is inter
CStifIS, DuI HC doSS uo qOolc DoohC
Washington's humorous saying: Il
maintain that the negro is the strong
er race. for if a man has one drop or
negro blood he is a negro, even II he
is Observation-Disclosures Of some
other race" He does give the same
idea in more legal way: Judges and
legislatures have gone to the length
of saying that one drop of negro blood
makes "a man a negro, but TO be a
CaucasiOn, one must be all Caucasian"
He shows that from earliest times it
has been held to be SANDER, %actiona-
bic per Sc, to say Of a white man that
he is a negro, or akin to a negro, but
a case is quoted from North Carolina
in 1850, where the surprising decision
was made that it was not actiOnable
per Sc to call a white man a free negro,
even though the white man was a
minister OF the gospel. In 1880 the
Supreme Court of Louisiana held I'm
der the social habits. customs. and
p~rejudices prevailing in Louisiana, It
cannot be disputed that charging a
white man with being a negro is CAL
culated to inflict injury and damage.
: No one could make such a
charge. knowing 1t to be false, with
out understanding that it's effect would
be Injurious and without intending to
injure." In Ohio as far back as 1913
it was held that such a charge was not
SANDER. a~ctionable per Sc "inasmuch
as it did not charge any crime or ex-
clude one from society," In South
Carolina the News and courier had to
pay damages for the mistake of call
ing a white man "colOred." A num-
Der of like cases are cited against
street cars and public service corpora
tons because conductors called white
people colOred.
Mr.. Stephenson gives an admirable
1iCr1SGinn of "fhn Rack 7 NC of I 2SE-
68, the period between Appomattox
n reconstruction. h Southern
legislators faced a problem with many
perpiexities in trying to establish the
industrial. legal and political status OF
4,000,0 900 people. There were then nc
Fedora statutes and many acts were
passed that called forth serious crltf-
cisn from the North, which fought
to free the negroes. They called them
Black Laws" The Mississippi
Constitution, for example. abolished
slavery and empowered the Legisla.
ture to max laws for the protection
and security Of The persons and prop
erty Of the freedmen, and to guard
them and the State against any evil:
that may arise from their sudder
emancipation" And the laws o.
South Carolina provided that cal
though such persons lNegroesl are
not entitled to social or political equal
~ 49, ~ pti +oi1SJ lily 116 IL
hold property, make contracts, etc
Alabama put restrictions upon occu
pations for negroes in 1867, prOvidins
that no free negro should be licenses
to keep a tavern or to sell liquor. II
South Carolina it was unlawful for
negro to own a distillery or to sci
liquor. and negrOe could engag.
in no Independent business except b,
obtaining 3 yearly license. Befor,
granting the license the judge nae t.
be satisfied of the skill, fitness, an,
good moral character of the applicant
Mississippi, in 1865, gave negroes tn
right to sue and be sued, but declare,
that the provision of the statute shout,
not be construed to allow any free
man, free egro or mulatto to rent o
lease any lands except in incorporate
towns. or cities, IN which places tn
corporate authorities should cOntrc
the same. Nearly all the States. i
1856 enacted laws against negroes car
Tying firearms. Florida passed a la,
loa 10 - u,,-