Race Distinctions in American Law
Transcriber’s Note:
The cover image was created by the transcriber and is placed in the public domain.
RACE DISTINCTIONS
IN AMERICAN LAW
GILBERT THOMAS STEPHENSON, A.M., LL.B.
NEW YORK AND LONDON
D. APPLETON AND COMPANY
1910
Copyright, 1910, by
D. APPLETON AND COMPANY
Published September, 1910
TO MY
Gilbert Thomas Stephenson
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RACE DISTINCTIONS IN AMERICAN LAW
PREFACE
CONTENTS
WHAT IS A RACE DISTINCTION IN LAW?
DISTINCTIONS AND DISCRIMINATIONS CONTRASTED
LEGAL AND ACTUAL DISTINCTIONS
ALL RACE ELEMENTS INCLUDED
PERIOD COVERED FROM 1865 TO PRESENT
NOTES
LEGAL DEFINITION OF NEGRO
PROPER NAME FOR BLACK MEN IN AMERICA
NOTES
NOTES
“BLACK LAWS” OF FREE STATES
RESTRICTIONS UPON MOVEMENT OF NEGROES
LIMITATIONS UPON NEGROES IN RESPECT TO OCCUPATIONS
SALE OF FIREARMS AND LIQUOR TO NEGROES
LABOR CONTRACTS OF NEGROES
APPRENTICE LAWS
VAGRANCY LAWS
PAUPER LAWS
NOTES
REMARRIAGES
CERTIFICATES OF MARRIAGE
SLAVE MARRIAGES DECLARED LEGAL BY STATUTE
MARRIAGES BETWEEN SLAVES AND FREE NEGROES
FEDERAL LEGISLATION
NOTES
INTERMARRIAGE DURING RECONSTRUCTION
PRESENT STATE OF THE LAW AGAINST INTERMARRIAGE
TO WHOM THE LAWS APPLY
EFFECT OF ATTEMPTED INTERMARRIAGE
PUNISHMENT FOR INTERMARRIAGE
PUNISHMENT FOR ISSUING LICENSES
PUNISHMENT FOR PERFORMING THE CEREMONY
COHABITATION WITHOUT INTERMARRIAGE
STATES REPEALING LAWS AGAINST INTERMARRIAGE
MARRIAGES BETWEEN THE NEGRO AND NON-CAUCASIAN RACES
EFFECT GIVEN TO MARRIAGES IN OTHER STATES
INTERMARRIAGE AND THE FEDERAL CONSTITUTION
INTERMARRIAGES IN BOSTON
NOTES
FEDERAL CIVIL RIGHTS LEGISLATION
STATE LEGISLATION BETWEEN 1865 AND 1883
STATE LEGISLATION AFTER 1883
PENALTY FOR VIOLATING THE LAW
HOTELS
RESTAURANTS
BARBER-SHOPS
BOOTBLACK STANDS
BILLIARD-ROOMS
SALOONS
SODA FOUNTAINS
THEATRES
SKATING RINKS
CEMETERIES
RACE DISCRIMINATION BY INSURANCE COMPANIES
RACE DISCRIMINATIONS BY LABOR UNIONS
CHURCHES
NEGROES IN THE MILITIA
SEPARATION OF STATE DEPENDENTS
NOTES
BEREA COLLEGE AFFAIR
EXCLUSION OF JAPANESE FROM PUBLIC SCHOOLS OF SAN FRANCISCO
DR. CHARLES W. ELIOT ON SEPARATION OF RACES IN SCHOOLS
SEPARATION BEFORE 1865
PRESENT EXTENT OF SEPARATION IN PUBLIC SCHOOLS
SEPARATION IN PRIVATE SCHOOLS
EQUALITY OF ACCOMMODATIONS
DIVISION OF PUBLIC SCHOOL FUND
NOTES
ORIGIN OF “JIM CROW”
DEVELOPMENT OF LEGISLATION PRIOR TO 1875
LEGISLATION BETWEEN 1865 AND 1881
SEPARATION OF PASSENGERS ON STEAMBOATS
SEPARATION OF PASSENGERS IN RAILROAD CARS
SEPARATION OF PASSENGERS IN STREET CARS
NOTES
AS SPECTATOR
AS JUDGE
AS LAWYER
AS WITNESS
AS JUROR
SEPARATE COURTS
DIFFERENT PUNISHMENTS
NOTES
NEGRO SUFFRAGE BEFORE 1865
SUFFRAGE BETWEEN 1865 AND 1870
SUFFRAGE BETWEEN 1870 AND 1890
SOUTHERN SUFFRAGE AMENDMENTS SINCE 1890
SUFFRAGE IN INSULAR POSSESSIONS OF UNITED STATES
CONSTITUTIONALITY OF SUFFRAGE AMENDMENTS
MARYLAND AND FIFTEENTH AMENDMENT
EXTENT OF ACTUAL DISFRANCHISEMENT
QUALIFICATIONS FOR VOTING IN THE UNITED STATES.
NOTES
RACE DISTINCTIONS NOT CONFINED TO ONE SECTION
RACE DISTINCTIONS NOT CONFINED TO ONE RACE
RACE DISTINCTIONS NOT DECREASING
DISTINCTIONS NOT BASED ON RACE SUPERIORITY
SOLUTION OF RACE PROBLEM HINDERED BY MULTIPLICITY OF PROPOSED REMEDIES
SEARCH FOR A COMMON PLATFORM
PROPER PLACE OF RACE DISTINCTIONS
OBLITERATION OF RACE DISCRIMINATIONS
NOTES
INDEX