Race Distinctions in American Law

by Gilbert Thomas Stephenson

INDEX

• A
• Accommodations, equality of,in schools, [192]–194;
  • nature of, under “Jim Crow” laws, [223]–224.
• Adultery and fornication between Negro and White, punishment for, [273].
• “African” as race name, [20].
• Africans, naturalization of, [297].
• “Afro-American” as race name, [20].
• Age as a qualification for voting, [297].
• Alabama, limitations in, upon Negroes in respect to occupations, [41]–42;
  • sale of drugs by free Negroes prohibited in, [42];
  • separation of paupers by race in, [47];
  • apprentice laws in, [53];
  • slave marriages legal in, by statute, [73];
  • effect of attempted intermarriage in, [84];
  • punishment in, for issuing license for intermarriage, [86];
    • for performing ceremony, [87];
    • for cohabitation without intermarriage, [88];
  • separation of races in, in prisons, [146];
    • in asylums for deaf and blind, [148];
    • in public schools, [170];
  • division of public school fund between races in, [195];
  • Negroes as witnesses in, [242];
  • actual service by Negroes on juries in, [253]–264;
  • qualifications for voting in, [322]–323.
• Alaska, qualifications for voting in, [338]–339.
• Albany, N. Y., separation of races in schools of, [185].
• Aliens as voters, [296]–297.
• Alton, Ill., separation of races in schools of, [180].
• Amalgamation, between race elements in United States, [12];
  • race line blurred by, [12].
  • See Intermarriage, Miscegenation.
• Amendments to Federal Constitution, purpose of first ten, [102].
  • See Constitutionality, Suffrage.
• Anderson, Charles W., on proper name for Negro, [23].
• Apprentice laws applying to Negroes, [53]–58;
  • in Alabama, [53];
  • in Kentucky, [53];
  • in North Carolina, [53];
  • in Mississippi,
• [53]–55;
  • in South Carolina, [55]–57;
  • in Delaware, [57];
  • constitutionality of, [57].
• Arizona, selling liquor and firearms to Indians prohibited in, [45];
  • effect given to marriages in other States by, [93];
  • separation of races in schools of, [187];
  • qualifications for voting in, [338]–339.
• Arkansas, slave marriages legal in, by statute, [73];
  • punishment in, for performing ceremony of intermarriage, [87];
  • civil rights legislation in, [116];
  • Negroes in militia in, [145];
  • separation of races in prisons of, [146];
  • in schools of, [170];
  • Negroes as witnesses in, [242];
  • early statute in, on Negro jury service, [249];
  • actual service by Negroes on juries in, [254]–255;
  • qualifications for voting in, [322]–323.
• Arnett, Benjamin W., excluded from hotels in Boston, [126].
• Asheville, N. C., suits in, over mistakes in race designation in directory, [32].
• Asylums, separation of races in, [148].
• Atlanta, Ga., separation of races in saloons of, [133].
• B
• Baker, Ray Stannard, “Following the Colour Line,” [6];
  • on
• intermarriage in North, [99];
  • on race discrimination by labor unions, [140].
• Baptist denomination, race distinctions in, [141].
• Barber shops, race distinctions in, [129]–130.
• Berea College, separation of races in, [154]–159.
• Billiard rooms, race distinctions in, [131]–132.
• “Black Laws,” of 1865–68, [35]–63;
  • of free States, [36]–39;
  • excuse for Reconstruction régime, [62]–63.
• Black man, proper name for, in America, [20]–24.
• “Blacks” as race name, [21].
• Blind, in asylums, separated by race, [147].
• Boarding houses. See Restaurants.
• Bootblack stands, race distinctions at, [130]–131.
• Borough of Queens, N. Y., separation of races in schools of, [185].
• Boston, intermarriage in, [98];
  • race distinctions in hotels of, [126];
  • separation of races in public schools of, before 1857, [167]–170;
  • separation of races on steamers plying between South and, [215]–216.
• Bowen, J. W. E., on proper name for Negro, [20], [23].
• British Columbia, separation of races in schools of, [163].
• Brooks, Walter H., on proper name for Negro, [23].
• Brownsville, Texas, and Negro militia, [144].
• Bryce, James, on effect of Dred Scott decision, [8].
• Buffalo, N. Y., separation of races in schools of, [185].
• C
• Caboose cars not under “Jim Crow” laws, [221].
• Cafés. See Restaurants.
• California, race distinctions at skating rinks in, [136];
  • separation of races in schools of, [159]–163;
  • of Whites and Negroes in public schools of, [177]–178;
  • Mongolians and Indians as witnesses in, [245];
  • qualifications for voting in, [322]–323.
  • See Japanese.
• Canady, E. W., on Negro as lawyer, [241].
• Capitalization of “Negro” as race name, [21]–22, [24].
• Cemeteries, race distinctions in, [136]–137.
• Ceremony of intermarriage, punishment for performing, [87]–88.
• Certificates of slave marriages, [70]–73;
  • in Kentucky, [70]–72;
  • in Louisiana, [72];
  • in Maryland, [72].
• Character as qualification for voting, [308]–310.
• Cheshire, Joseph Blount, on separation of races in Episcopal Church, [143]–144.
• Chicken-stealing a felony, [275].
• Chinese, intermarriage of, with Whites, [82]–83;
  • separate schools for, in California, [159];
  • as witnesses in California, [245].
• Chinese Exclusion Act, [296].
• Chop-houses. See Restaurants.
• Churches, race distinctions in, [141]–144.
• Citizenship as a qualification for voting, [296]–297.
• Civil rights of Negroes, [102]–149;
  • Civil Rights Bill of 1866, [9], [10], [104], [106];
  • Civil Rights Bill of 1875, [10], [108]–111, [247]–248;
  • Civil Rights Cases, [110]–111;
  • civil rights legislation, Federal, [103]–111;
  • in States, between 1865 and 1883, [111]–120;
  • in Northern States, between 1865 and 1883, [112]–115;
  • in South, after 1883, [120];
  • in States outside South, after 1883, [120]–124;
  • in Massachusetts, [112];
  • in Delaware, [112]–114, [118];
  • in Kansas, [114];
  • in Florida, [115];
  • in New York, [115];
  • in Arkansas, [116];
  • in Louisiana, [116];
  • in Tennessee, [116]–118;
  • in North Carolina, [118]–120;
  • State Civil Rights Bills, table of, [122];
  • penalty for violating, [123];
  • construed, [137]–138.
  • See Barber Shops, Billiard Rooms, Bootblack Stands, Cemeteries, Conveyances, Hotels, Restaurants, Saloons, Schools, Skating
• Rinks, Soda Fountains, and Theatres.
• Cohabitation of Negroes and Whites without intermarriage, [88];
  • constitutionality of laws against, [89].
• Colonies, race distinctions in, [7].
• Colorado, effect of intermarriage in, [84];
  • punishment in, for issuing license, [86];
  • for performing ceremony, [87];
  • race distinctions in churches prohibited in, [141];
  • separation of races in schools forbidden in, [187];
  • statute as to Negroes practicing law in, [239];
  • qualifications for voting in, [322]–323.
• “Colored” required on street cars, [231].
• “Colored Persons” as race name, [20].
• Conductors, of trains, punishment of, for violating “Jim Crow” laws, [225]–226;
  • on street cars, special policemen to enforce “Jim Crow” laws, [231].
• Connecticut, race distinctions in, in barber shops, [129];
  • by insurance companies, [138]–139;
  • Negroes in militia in, [145];
  • qualifications for voting in, [322]–323.
• Constitutionality of apprentice laws, [57];
  • of laws against cohabitation without intermarriage, [89];
  • of laws against intermarriage, [95]–97;
  • of law separating races in Berea College,
• [157]–159;
  • of California separate school law, [161];
  • of laws separating races in public schools, [181];
  • of exemptions in street car laws, [233];
  • of Federal statute as to jurors, [249]–250;
  • of Southern Suffrage Amendments, [313]–317.
• Contracts for labor by Negroes, [46]–53;
  • in Florida, [46];
  • in Virginia, [47];
  • in Mississippi, [47];
  • in Kentucky, [47];
  • in South Carolina, [48]–53.
• Conveyances, public, separation of races in, [207]–233.
  • See “Jim Crow” laws.
• “Coon,” a term of contempt, [20].
• Cotton, bagging off, at night, a crime, [275].
• Court room, Negro in, [237]–277.
  • See Judges, Jurors, Lawyers, Spectators, Witnesses.
• Courts, separate, for Negroes, [272]–273.
• Croatan Indians, intermarriage of, with Negroes prohibited, [90];
  • separate schools for, [174].
• Curfew law for Negroes in Mobile, Ala., [276].
• D
• Dakota Territory, selling liquor to Indians prohibited in, [45];
  • “white” stricken from election laws of, [286].
• Dare, Virginia, and Lost Colony, [90]–91.
• “Darkies” as race name, [20].
• Defamation to call a white person a Negro, [26]–33;
  • actionable per se, [32].
• Delaware, “Black Laws” of, [37];
  • apprentice laws of, [57];
  • effect of intermarriage in, [87];
  • effect given to marriages in other States in, [92];
  • civil rights legislation in, [112]–114;
  • provisions for public schools for Negroes in, [169];
  • separation of races in public schools of, [178];
  • “Jim Crow” legislation in, [211];
  • intimidation of Negroes at polls in, [293];
  • qualifications for voting in, [324]–325.
• Dependents, State, separated by race, [146]–149.
  • See Asylums, Blind, Lunatic, Prisoners, Reformatories.
• Designation of race separation under “Jim Crow” laws, [225].
• Detroit, Mich., race distinctions in restaurants of, [127].
• Dickinson, Secretary of War, on suffrage in Porto Rico, [313].
• Discriminations, race, and distinctions contrasted, [2]–4, [348]–362.
  • See Distinctions.
• Disfranchisement, extent of actual, in South, [320]–321.
  • See Suffrage.
• Distinctions, race, defined, [1];
  • contrasted with race discriminations, [2]–4, [348]–362;
  • actual and legal, contrasted, [5];
  • in Colonies, [7];
  • in hotels, [124]–127;
  • in restaurants, [127]–129;
  • in barber shops, [129]–130;
  • at bootblack stands, [130]–131;
  • in billiard rooms, [131]–132;
  • at soda fountains, [133]–134;
  • in saloons, [132]–133;
  • in theatres, [134]–136;
  • at skating rinks, [136];
  • in cemeteries, [136]–137;
  • by insurance companies, [138]–140;
  • in churches, [141];
  • in punishments, [273]–277;
  • in vagrancy laws, [275];
  • not confined to one section, [348]–350;
  • not confined to one race, [350]–351;
  • not decreasing, [351]–353;
  • not based on race superiority, [353]–354;
  • proper place of, [356]–358.
• District of Columbia, intermarriages in, [93];
  • separate schools in, [189]–190;
  • suffrage in, [286].
• Division of public school fund between races, [194]–199.
• E
• East Orange, N. J., separate classes for white and Negro children in public schools of, [184]–185.
• East St. Louis, Ill., burning school building in, to prevent Negro school, [180].
• Eating houses. See Restaurants.
• Education Association, Southern, on race problem, [356];
  • on
• curricula for Negro schools, [360].
• Educational test as qualification for voting, [301]–315.
  • See Suffrage.
• Effect given by one State to marriages between Whites and Negroes in other States, [92]–95.
• Eggleston, J. D., Jr., on proportion of public school fund in Virginia contributed by Negroes, [195].
• Elements, race, in United States, [6].
• Eliot, Charles W., on separation of races in schools, [163]–164.
• Emancipation Proclamation as military expedient, [8].
• Emmanuel Magazine on Negroes as lawyers, [240].
• Employees of railroad, “Jim Crow” laws do not apply to, [222]–223.
• “Enforcement Act” of 1870, [290]–291.
• Episcopal Church, separation of races in, [143]–144.
• Equality of accommodations in public schools, [192]–194;
  • in public conveyances, [223]–224.
  • See Schools, Conveyances, “Jim Crow” laws.
• Evidence admitted as presumption of race, [17].
• Exemptions from application of “Jim Crow” laws, [222], [232].
• Extent of separation of races on railroad cars, [216];
  • on
• street cars, [228]–229;
  • of actual disfranchisement of Negroes, [320]–321.
  • See “Jim Crow” laws, Suffrage.
• Extra cars, “Jim Crow” laws do not apply to, [221].
• F
• Federal legislation on slave marriages, [75];
  • on civil rights of Negroes, [103]–111;
  • on separate schools, [189]–190.
• Fifteenth Amendment, ratified, [10];
  • and Negro suffrage, [281]–282;
  • and Oregon, [289];
  • and Maryland, [317]–320.
  • See Suffrage.
• Firearms, sale of, to Negroes prohibited, [43]–44;
  • in Florida, [43];
  • keeping of, by Negroes in Mississippi prohibited, [44];
  • keeping of, by Negroes in South Carolina limited, [44];
  • selling of, to Indians in Oregon prohibited, [45];
  • carrying of, limited to Whites in Oregon, [45];
  • selling of, to Indians prohibited in Arizona, [45].
• Flack, Horace E., on contemporary understanding of Civil Rights Bill of 1866, [106];
  • on purpose of adoption of Fourteenth Amendment, [107].
• Florida, sale of firearms to Negroes prohibited in, [43];
  • contracts for labor by Negroes in, [46];
  • remarriage of
• Negroes in, [68];
  • effect of intermarriage in, [84];
  • punishment in, for issuing license for intermarriage, [86];
  • for performing ceremony, [87];
  • for cohabitation without intermarriage, [88];
  • civil rights legislation in, [115];
  • race distinctions in cemeteries in, [136];
  • separation of races in schools of, [170];
  • in private schools of, [190];
  • early “Jim Crow” laws in, [208];
  • Negroes as witnesses in, [243];
  • actual jury service by Negroes in, [255]–256;
  • different punishments for Negroes in, [274];
  • qualifications for voting in, [324]–325.
• Foraker, Senator, on Brownsville affair, [145].
• Fornication and adultery between Negro and White, punishment for, [273].
  • See Punishments.
• Fourteenth Amendment, ratified, [9];
  • and intermarriage, [97];
  • superseding Civil Rights Bill of 1866, [106];
  • interpreted by Slaughter-House cases, [107]–108;
  • and Berea College affair, [157]–158;
  • and Negro jury service, [252];
  • and Negro suffrage, [287].
  • See Civil Rights, “Jim Crow” laws.
• Free Negroes, marriage between, and slaves, [74].
  • See Negroes, Marriage, Movements, “Black Laws,” Civil Rights.
• %center%G
• Genealogical table in determining race, [18].
• Georgia, remarriage of Negroes in, [69];
  • social status not a subject of legislation in, [80];
  • effect given by, to marriages in other States, [93];
  • Negroes in militia in, [145];
  • separation of prisoners by race in, [146];
  • separation of races in reformatories of, [147];
  • in public schools of, [170];
  • Negroes as witnesses in, [243];
  • actual service by Negroes on juries in, [256]–258;
  • qualifications for voting in, [324]–325.
• Germantown, Pa., Guide on cemeteries for Negroes, [137].
• “Grandfather Clauses” as qualifications for voting, [305]–308.
  • See Suffrage.
• H
• Harvard University, Dr. Chas. W. Eliot on separation of races at, [164];
  • study of race problem at, [356].
• Hawaii, qualifications for voting in, [338]–339.
• High Schools, for Whites and not for Negroes, [193];
  • no separation of race in, of Indiana, [182];
  • of Kansas, [183].
  • See Schools.
• Hotels, race distinctions in, [124]–127.
• Hurd, John Codman, “The Law
• of Freedom and Bondage in the United States,” [8].
• I
• Idaho, selling firearms to Indians prohibited in, [45];
  • separation of races in public schools of, forbidden, [187];
  • qualifications for voting in, [324]–325.
• Identity, race, mistaken on cars, [29]–32.
• Illinois, “Black Laws” of, [38];
  • slave marriages in, legal by statute, [74];
  • race distinctions in, at soda fountains, [133];
  • in theatres, [135];
  • at skating rinks, [136];
  • separation of races in public schools of, [178]–179;
  • qualifications for voting in, [324]–325.
• Indiana, “Black Laws” in, [37];
  • effect of intermarriage in, [84];
  • punishment in, for performing ceremony of intermarriage, [87];
  • race distinctions in hotels in, [125];
  • separation of races in orphan asylums in, [148]–149;
  • in schools of, before 1865, [167];
  • in public schools of, [181];
  • Negroes as witnesses in, [245];
  • qualifications for voting in, [326]–327.
• Indians, selling firearms to, prohibited, [45];
  • in Arizona, [45];
  • in Idaho, [45];
  • selling liquor to, prohibited, [45]–46;
  • in Arizona, [45];
  • in New Mexico,
• [45];
  • in Nebraska, [45];
  • in Dakota Territory, [45];
  • in Idaho, [45];
  • in Maine, [46];
  • in Utah, [45];
  • in Washington, [45];
  • intermarriage between Whites and, [82];
  • between Croatan Indians and Negroes, [90];
  • separate schools for, allowed in California, [159];
  • as witnesses in California, [245];
  • in Virginia, [245];
  • in Washington, [246].
• Indictments quashed because no Negroes on jury, [250]–252.
• Insular possession of United States, suffrage in, [312]–313.
• Insurance companies, race distinctions by, [138]–140.
• Intermarriage, and miscegenation, [78]–99;
  • during Reconstruction, [78]–80;
  • between Whites and “Persons of Color,” [81];
  • present state of the laws on, [81];
  • to whom laws apply, [81]–83;
  • between Chinese and Whites, [82]–83;
  • between Indians and Whites, [82]–83;
  • between Kanakans and Whites, [83];
  • between Mongolians and Whites, [82]–83;
  • effect of attempted, [83]–84;
  • punishment for, [84]–86;
  • punishment for issuing license for, [86]–87;
  • punishment for performing ceremony of, [87]–88;
  • repeal of laws against, [89]–90;
  • and Federal Constitution, [95]–97;
  • and Fourteenth Amendment, [97];
  • in
• Boston, [98];
  • at Xenia, O., [99];
  • in North, [99].
• Interstate travel and “Jim Crow” laws, [217]–219.
• Intimidation of Negroes at polls, [291]–294.
• Iowa, “Black Laws” in, [38];
  • race distinctions in boarding houses in, [128];
  • at skating rinks in, [136];
  • separation of races in public schools of, not allowed, [183];
  • in steamboats in, [212];
  • statute as to Negroes practicing law in, [239];
  • “white” stricken from Constitution of, [286];
  • qualifications for voting in, [326]–327.
• J
• Japanese, excluded from public schools of San Francisco, [159]–163;
  • census of, to be taken in California, [163].
• “Jim Crow” laws, origin of term, [208];
  • legislation between 1865 and 1881, [211]–214;
  • as applied to interstate travel, [217]–219;
  • means of separation of races, [224];
  • designation of separation of races, [225];
  • punishment for violating laws, [225]–226.
  • See Conveyances.
• Johnson, E. A., on proper name for Negro, [22].
• Joyner, J. Y., on proportion of public school fund in North Carolina contributed by Negroes, [194].
• Judges, Negroes as, [238].
• Jurors, Negroes as, [247]–272;
  • jury service and Civil Rights Bill of 1875, [247]–248;
  • State statutes on jury service, [248];
  • actual jury service by Negroes in South, [253]–271.
• K
• Kanakans, term defined, [25];
  • intermarriage between, and Whites, [83].
• Kansas, civil rights legislation, [114];
  • race distinctions in cemeteries, [136];
  • separation of race in public schools of cities of first class, [183];
  • intimidation of Negroes at polls, [292];
  • qualifications for voting, [326]–327.
• Kentucky, movements of Negroes restricted in, [40];
  • selling liquor to Negroes prohibited in, [44];
  • contracts for labor by Negroes in, [47];
  • apprentice laws in, [53];
  • certificates of slave marriages in, [70]–72;
  • separation of lunatics by race in, [148];
  • separation of races in private schools of, [154]–155;
  • in public schools of, [171];
  • local taxation for schools of, [196]–197;
  • Negroes as witnesses in, [242]–243;
  • actual service by Negroes on juries in, [258];
  • different punishments for Negroes in, [274];
  • punishment for chicken-stealing in, [275];
  • qualifications for voting in, [326]–327.
• Kitchin, W. W., on Negro suffrage in North Carolina in 1835, [283].
• Knox, John B., on suffrage, [361].
• L
• Labor, contracts for, by Negroes, [46]–53;
  • in Florida, [46];
  • in Kentucky, [47];
  • in Mississippi, [47];
  • in Virginia, [47];
  • in South Carolina, [48]–53.
• Labor unions, race discrimination by, [140]–141.
• Lawyers, Negroes as, [239]–241.
• Legitimacy of children of slave marriages, [67]–75.
  • See Marriages.
• License, punishment for issuing, for intermarriage, [86]–87.
• Limitations upon Negroes in respect to occupations, [41]–43.
• Lincoln, Neb., race distinctions in barber shops in, [129].
• Liquor, sale of, to free Negroes prohibited, [43]–44;
  • in Kentucky, [44];
  • in Mississippi, [44];
  • sale of, to Indians prohibited, [45]–46;
  • in Arizona, [45];
  • in Dakota Territory, [45];
  • in Idaho, [45];
  • in Nebraska, [45];
  • in Utah, [45];
  • in Washington, [45];
  • in Maine, [46].
• Lost Colony and Virginia Dare, [90]–91.
• Louisiana, certificates of slave marriages in, [72];
  • punishment in, for cohabitation
• without intermarriage, [89];
  • civil rights legislation in, [116];
  • separation of races in saloons in, [133];
  • race distinctions in theatres in, [135];
  • separation of races in schools of, during Reconstruction, [171];
  • at present, [172];
  • race distinctions on public conveyances in, [213];
  • early statute on Negro jury service in, [249];
  • actual service by Negroes on juries in, [258]–259;
  • intimidation of Negroes at polls in, [293];
  • qualifications for voting in, [326]–327.
• Lucas County, O., race distinctions in restaurants in, [128].
• Lunatics, separated by race, [147].
• Lunch counters. See Restaurants.
• Lynch, James, body of, removed from white to Negro cemetery, [137].
• M
• Machen, A. W., Jr., on Fifteenth Amendment, [319].
• Maine, sale of liquor to Indians prohibited in, [46];
  • repeal of law against intermarriage of Negroes and Whites in, [90];
  • qualifications for voting in, [328]–329.
• Marital relations of slaves fixed, [67]–75.
• Marriages, slave, certificates of, [70]–73;
  • in Kentucky, [70]–72;
  • in Louisiana, [72];
  • in Maryland,
• [72];
  • legal by statute, [73]–74;
  • in Alabama, [73];
  • in Arkansas, [73];
  • in Texas, [73];
  • in Illinois, [74];
  • in Ohio, [74];
  • in Virginia, [74];
  • in West Virginia, [74];
  • between slaves and free Negroes, [74];
  • slave, and Federal legislation, [75];
  • between Negroes and other non-Caucasian races, [90]–91;
  • between Negroes and Croatan Indians in North Carolina, [90];
  • effect given by one State to, in other States, [92]–95;
  • marriage a status, [96].
• Maryland, “Black Laws” in, [36];
  • certificates of slave marriages in, [72];
  • effect of intermarriage in, [84];
  • separation of races in public schools of, [172]–173;
  • and Negro lawyers, [239];
  • Negroes as witnesses in, [243];
  • qualifications for voting in, [328]–329;
  • and Fifteenth Amendment, [317]–320.
• Massachusetts, civil rights legislation in, [112];
  • race distinctions in hotels in, [125];
  • in barber shops in, [129];
  • in billiard rooms in, [131];
  • at skating rinks in, [136];
  • by insurance companies in, [138];
  • resolution against discrimination by labor unions of, [140];
  • separation of races in public schools of, before 1857, [167]–170, [187];
  • gave name to “Jim Crow” car, [208];
  • qualifications for voting in, [328]–329.
• Mathews, John Mabry, on Fifteenth Amendment, [314]–315.
• Means of separation of races under “Jim Crow” laws, [224];
  • on street cars, [229]–230.
• Metcalf, Secretary, on separation of races in schools of San Francisco, [160].
• Methodist Church, race distinctions in, [141].
• Michigan, repeal of law against intermarriage in, [90];
  • race distinctions by insurance companies in, [138], [139];
  • separation of races in schools of, [187]–188;
  • qualifications for voting in, [328]–329.
• Militia and Negroes, [144]–145.
• Milton, Senator, and intermarriage in District of Columbia, [95].
• Milwaukee, Wis., race distinctions in restaurants in, [128].
• Minnesota, race distinctions in saloons in, [132];
  • separation of races in schools of, forbidden, [188];
  • qualifications for voting in, [328]–329.
• Miscegenation, not a bridge from one race to the other, [19];
  • and intermarriage, [78]–99.
  • See Intermarriage, Marriages.
• Mississippi, limitations upon Negroes in respect to occupations in, [43];
  • keeping firearms by Negroes without license prohibited in, [44];
  • selling liquor to Negroes prohibited
• in, [44];
  • contracts for labor by Negroes in, [47];
  • apprentice law in, [53]–55;
  • vagrancy law in, [59]–60;
  • pauper law in, [61]–62;
  • effect of intermarriage in, [85];
  • effect given to marriage in other States in, [93];
  • race distinctions in theatres in, [134];
  • in cemeteries in, [137];
  • no discrimination against prisoners on account of race in, [146];
  • separation of races in public schools of, [173];
  • early “Jim Crow” law in, [208];
  • Negroes as witnesses in, [243];
  • early statute on Negro jury service in, [249];
  • actual service by Negroes on juries in, [259];
  • qualifications for voting in, [328]–329.
• Missouri, “Black Laws” in, [37];
  • remarriage of slaves in, [69];
  • effect of intermarriage in, [85];
  • race distinctions in theatres in, [135];
  • separation of races in schools of, [173];
  • actual service by Negroes on juries in, [263]–265;
  • chicken-stealing a felony in, [275];
  • qualifications for voting in, [330]–331.
• Mobile, Ala., curfew law for Negroes in, [276].
• Mongolians, intermarriage between Whites and, [82]–83;
  • separate schools for, permitted in California, [159];
  • as witnesses in California, [245].
  • See Chinese, Japanese.
• Montana, qualifications for voting in, [330]–331.
• Movement of Negroes restricted, [40]–41;
  • in Kentucky, [40];
  • in South Carolina, [40]–41.
• Mulattoes, difficulty in getting census enumeration of, [13];
  • definition of, [16];
  • separation of Negroes and, in churches, [144].
  • See Negroes.
• N
• Name, proper, for Negro, [20]–24.
• Narrow-gauged roads, “Jim Crow” laws do not apply to, [221].
• Nashville, Tenn., separation of races in saloons in, [133].
• Nature of railroad accommodations under “Jim Crow” laws, [223]–224.
  • See “Jim Crow” laws.
• Naturalization of Africans, [297].
• Nebraska, selling liquor to Indians prohibited in, [45];
  • qualifications for voting in, [330]–331.
• “Negress,” an offensive term, [22].
• “Negro-Americans” as race name, [22].
• “Negroes” as race name, [20].
• Negroes, legal definition of, [12]–20;
  • defamation to call Whites Negroes, [26]–33;
  • movements of, restricted, [40]–41;
  • in Kentucky, [40];
  • in South Carolina, [40]–41;
  • limitations upon,
• in respect to occupations, [41]–43;
  • prohibited from having firearms, [43]–44;
  • in Mississippi, [44];
  • in South Carolina, limited, [44];
  • selling liquor to, prohibited, [44];
  • in Kentucky, [44];
  • in Mississippi, [44];
  • contracts for labor by, [46]–53;
  • apprentice laws applying to, [53]–58;
  • marital relations of, fixed, [67]–75;
  • remarriages of, after Emancipation, [68]–70;
  • in Florida, [68];
  • in Georgia, [69];
  • in Missouri, [69];
  • marital relations of, established in South Carolina, [70];
  • marriages between other non-Caucasian races and, [90]–91;
  • civil rights of, [102]–149;
  • influence of Civil Rights Bill of 1866 upon conduct of, [105];
  • in militia, [144]–145;
  • in court room, [237]–277;
  • as judges, [238];
  • as lawyers, [239]–241;
  • as witnesses, [246];
  • as jurors, [247]–272;
  • jury service of, and Fourteenth Amendment, [252];
  • actual jury service of, in South, [253]–271;
  • separate courts for, [272]–273;
  • suffrage for, [281]–289;
  • and Fifteenth Amendment, [281]–282;
  • in New York, [283];
  • in North Carolina before 1835, [283];
  • in Tennessee in 1834, [284];
  • before 1865, [282]–285;
  • between 1865 and 1870, [285]–288;
  • and Fourteenth Amendment, [287];
  • between 1870 and 1890, [288]–294.
• Nevada, effect of intermarriage in, [85];
  • punishment in, for performing ceremony, [87];
  • for cohabitation without intermarriage, [89];
  • separation of races in public schools of, [184];
  • Negroes as witnesses in, [246];
  • qualifications for voting in, [330]–331.
• New Hampshire, qualifications for voting in, [330]–331.
• New Jersey, Negroes in militia of, [145];
  • separation of races in public schools of, [184];
  • qualifications for voting in, [330]–331.
• New Mexico, selling liquor to Indians prohibited in, [45];
  • repeal of law against intermarriage in, [90];
  • separation of races in public schools of, prohibited, [188];
  • qualifications for voting in, [338]–339.
• New York, slave marriages valid in, [74];
  • civil rights legislation in, [115];
  • race distinctions in restaurants in, [127];
  • at bootblack stands in, [130];
  • in cemeteries in, [136];
  • at skating rinks in, [136];
  • in theatres in, [136];
  • by insurance companies in, [138]–139;
  • separation of races in asylums of, [148];
  • in public schools of, forbidden, [185];
  • Negro suffrage in, [283];
  • qualifications for voting in, [330]–331.
• News and Courier, Charleston, S. C., sued for calling white man “colored,” [28].
• “Nigger,” a term of contempt, [20].
• Non-Caucasian races, marriage between, and Negroes, [90]–91.
• North Carolina, apprentice law of, [55];
  • effect of intermarriage in, [85];
  • punishment in, for issuing license for intermarriage, [86];
  • for performing ceremony, [87];
  • civil rights legislation in, [118]–120;
  • separation of races in, in militia, [145];
  • in prisons, [147];
  • in insane asylums, [148];
  • in public schools, [173]–174;
  • local taxation for schools of, [198];
  • on steamboats, [214];
  • actual service by Negroes on juries in, [265]–267;
  • Negro suffrage in, before 1835, [283];
  • qualifications for voting in, [332]–333.
• North Dakota, qualifications for voting in, [332]–333.
• Northern States, intermarriage between Whites and Negroes in, [99];
  • civil rights legislation in, between 1865 and 1883, [112]–115;
  • after 1883, [120]–124.
• Nurses, exempt from “Jim Crow” laws, [222], [232].
• O
• Occupations, limitations upon Negroes in respect to, [41]–43;
  • in Alabama, [41]–42;
  • in South Carolina, [42];
  • in Mississippi, [43];
  • in Tennessee, [43].
  • See Contracts, Labor.
• Officers in charge of prisoners exempt from “Jim Crow” laws, [222].
• Ohio, “Black Laws” in, [37];
  • slave marriages legal in, by statute, [74];
  • repeal of laws against intermarriage in, [90];
  • race distinctions in, in saloons, [133];
  • by insurance companies, [138], [139];
  • separation of races in public schools of, before 1865, [165]–167;
  • forbidden at present, [185];
  • intimidation of Negroes at polls of, [292];
  • qualifications for voting in, [332]–333.
• Oklahoma, effect of intermarriage in, [85];
  • punishment in, for issuing license for intermarriage, [86];
  • for performing ceremony, [87];
  • separation of races in public schools of, [174]–175;
  • in private schools of, [191];
  • actual service by Negroes on juries in, [267];
  • qualifications for voting in, [332]–333.
• Oregon, “Black Laws” in, [38];
  • carrying of firearms restricted to Whites in, [45];
  • effect of intermarriage in, [85];
  • punishment for performing ceremony in, [88];
  • and Fifteenth Amendment, [289];
  • qualifications for voting in, [332]–333.
• Origin of “Jim Crow,” [208].
• Ownership of property as qualification for voting, [300]–301.
  • See Suffrage.
• %center%P
• Partitioned cars under “Jim Crow” laws, [229].
• Passengers, punishment of, for violating “Jim Crow” laws, [225];
  • separated by race on street cars, [227]–233.
  • See “Jim Crow” laws.
• Paupers, laws concerning, [60]–62;
  • in South Carolina, [60]–61;
  • in Mississippi, [61]–62;
  • separation of, by race, [147].
• Payment of taxes as qualification for voting, [299]–300.
  • See Suffrage.
• Pennsylvania, race distinctions in cemeteries in, [137];
  • separation of races in schools of, prohibited, [186];
  • qualifications for voting in, [332]–333.
• “Persons of African Descent” as race name, [20].
• “Persons of Color” as race name, [20];
  • intermarriage of, with Whites, [81].
• Persons to whom “Jim Crow” laws do not apply, [222]–223;
  • excluded from suffrage, [310]–312.
• Philadelphia, race distinctions in hotels in, [124]–125;
  • race discriminations by labor unions in, [140];
  • separation of races in street cars in, [211].
• Philippine Islands, qualifications for voting in, [338]–339.
• Platform, common, on race problem, [355]–356.
• Polls, intimidation of Negroes at, [291]–294.
  • See Suffrage.
• Porto Rico, qualifications for voting in, [338]–339.
• Postal clerks on railroads, not separated by race, [227].
• Presbyterian Church, race distinctions in, [141].
• Prisoners separated by race, [146]–147.
• Private schools, separation of races in, [190]–192.
• Problem, race, remedies for, [354];
  • common platform on, [355]–356.
• Proctor, H. H., on proper name for Negro, [23].
• Property, ownership of, as qualification for voting, [300]–301.
  • See Suffrage.
• Public school fund, division of, between races, [194]–199.
  • See Schools.
• Punishments, for intermarriage, [84]–86;
  • for issuing license for, [86]–87;
  • for performing ceremony of, [87]–88;
  • for cohabitation without intermarriage, [88]–89;
  • for violating Civil Rights Bills, [123];
  • upon insurance companies for making race distinctions, [139];
  • for violating “Jim Crow” laws, [225]–226, [231];
  • different, for Negroes and Whites, [273]–277;
  • made equal by statute, [275].
• %center%Q
• Qualifications for voting, in United States, table of, [322]–339;
  • age, [297];
  • sex, [298];
  • payment of taxes, [299]–300;
  • ownership of property, [300]–301;
  • educational test, [301]–304;
  • “Grandfather Clauses,” [305]–308;
  • “Understanding Clauses,” [308]–310;
  • “Character Clauses,” [308]–310;
  • persons excluded from suffrage, [310]–312.
• Quashing indictments because no Negroes on jury, [250]–252.
• Quincy, Ill., separation of races in public schools, [179].
• R
• Race elements in United States, [6].
• Railroads, separation of races on cars of, [216]–227;
  • punishment upon companies for violating “Jim Crow” laws, [225]–226.
  • See Conveyances, “Jim Crow” laws.
• Raleigh, Sir Walter, and Lost Colony, [90]–91.
• Reconstruction, and “Black Laws,” [62]–63;
  • and intermarriage, [78]–80;
  • and separation of races in public conveyances, [209]–210.
• Reduction of representation of Southern States in Congress, [287].
• Reformatories, separation of races in, [147].
• Relief trains, “Jim Crow” do not apply to, [221].
• Remarriage of Negroes after Emancipation, [68]–70;
  • in Florida, [68];
  • in Georgia, [69];
  • in Missouri, [69].
• Remedies for race problem, [354]–355.
• Repeal of laws against intermarriage, [89]–90.
• Representation in Congress, reduction of, [287].
• Residence as qualification for voting, [316].
  • See Suffrage.
• Restaurants, race distinctions in, [127]–129.
• Restrictions upon movements of Negroes, [40]–41;
  • in Kentucky, [40];
  • in South Carolina, [40]–41.
  • See “Black Laws.”
• Rhode Island, repeal of law against intermarriage in, [90];
• qualifications for voting in, [332]–333.
• Robeson County, N. C., and Croatan Indians, [91].
• Roosevelt, President, on separation of races in schools of San Francisco, [160].
• S
• Saloons, race distinctions in, [132]–133;
  • in Atlanta, Ga., [133];
  • in Nashville, Tenn., [133];
  • in Louisiana, [133].
• San Francisco, exclusion of Japanese from public schools
• of, [159]–163;
  • separation of races on street cars of, [212].
• Schools, separation of races in, [154]–199;
  • before 1865, [155]–170;
  • present extent of separation in, [170]–190;
  • in private schools, [190]–192;
  • division of public school fund between races, [194]–199.
• Scott, Dred, decision, [8];
  • contravened by Civil Rights Bill of 1866, [105].
• Separation of Whites and Negroes, in saloons, in Atlanta, Ga., [133];
  • in Nashville, Tenn., [133];
  • in Louisiana, [133];
  • in churches, [141]–144;
  • in militia, [144]–145;
  • State dependents, [146]–149;
  • blind, [147];
  • lunatics, [147];
  • mutes, [147];
  • paupers, [147];
  • persons in reformatories, [147];
  • prisoners, [147];
  • in schools, [154]–199;
  • before 1865, [165]–170;
  • present extent of, [170]–190;
  • in public schools in South, [170]–176;
  • during Reconstruction, [175];
  • in States outside South, [177]–199;
  • in private schools, [190]–192;
  • in public conveyances, [207]–233;
  • during Reconstruction, [209]–210;
  • on steamboats, [214];
  • in railroad cars, [216]–227;
  • on sleeping cars, [219]–220;
  • in waiting rooms, [220]–221;
  • of postal clerks on mail cars, [227];
  • on street cars, [227]–233;
  • in court rooms, [238].
• Service on juries in South by Negroes, [253]–271.
• Sex as qualification for voting, [298].
  • See Suffrage.
• Sims, Thetus W., on proper name for Negro, [21].
• Skating rinks, race distinctions at, [136].
• Slander, actionable per se, to call White a Negro, [26]–33.
• Slaughter-House Cases interpreting Fourteenth Amendment, [107]–108.
• Slave marriages, reconstruction of, [67]–75;
  • certificates of, [70]–73;
  • in Kentucky, [70]–72;
  • in Maryland, [72];
  • declared legal by statute, [73]–74;
  • in Alabama, [73];
  • in Arkansas, [73];
  • in Texas, [73];
  • in Illinois, [74];
  • in Ohio, [74];
  • in Virginia, [74];
  • in West Virginia, [74];
  • marriages between slaves and free Negroes, [74];
  • in Tennessee, [74];
  • and Federal legislation, [75].
• Sleeping cars, separation of races on, [219]–220.
• Social status not a subject of legislation in Georgia, [80].
• Soda fountains, race distinctions at, [133]–134.
• South Carolina, restrictions on movements of Negroes in, [40]–41;
  • limitations upon Negroes in respect to occupations in, [42];
  • keeping firearms by Negroes limited in, [44];
  • contracts for labor by Negroes in, [48]–53;
  • apprentice laws in, [55]–57;
  • vagrancy laws in, [58]–59;
  • pauper laws in, [60]–61;
  • marital relations of Negroes in, established, [70];
  • effect of intermarriage in, [85];
  • punishment in, for performing ceremony, [88];
  • Negroes in militia of, [145];
  • separation of races in public schools of, at present, [175]–176;
  • on ferries, [215];
  • Negroes as witnesses in, [244];
  • actual service by Negroes on juries in, [267]–268;
  • separate courts for Negroes in, [272]–273;
  • different punishments for Whites and Negroes in, [274];
  • qualifications for voting in, [334]–335.
• South Carolina, University of, open to Negroes during Reconstruction, [175].
• South Dakota, qualifications for voting in, [334]–335.
• Southern Education Association on race problem, [356].
• Southern States, civil rights legislation in, between 1865 and 1883, [115]–120;
  • after 1883, [120];
  • present extent of separation of races in public schools of, [170]–176;
  • early statutes in, on Negro jury service, [249];
  • actual service by Negroes on juries in, [253]–271;
  • reduction of representation of, in Congress, [287].
• Spectator, Negro in court room as, [237].
• Status, social, not a subject of legislation in Georgia, [80];
  • of marriage, [96].
• Steamboats, separation of races on, [214].
• Stevens, Thaddeus, and “Black Laws,” [63];
  • opposition of, to President Johnson’s plan of Reconstruction, [104].
• Stimson, Frederick J., on laws of Michigan against intermarriage, [90].
• Street cars, separation of races in, [227]–233.
• Suffrage, Negro, [281]–339;
  • before 1865, [282]–285;
  • in New York, [283];
  • in North Carolina in 1835, [283];
  • in Tennessee in 1834, [284];
  • between 1865 and 1870, [285]–288;
  • in District of Columbia, [286];
  • and Fourteenth Amendment, [287];
  • between 1870 and 1890, [288]–294;
  • Southern Suffrage Amendments, [294]–339;
  • in insular possessions of United States, [312]–313;
  • constitutionality of Suffrage Amendments, [313]–317.
• T
• Taft, President, on suffrage in Porto Rico, [313].
• Taverns. See Restaurants.
• Taxation for school purposes, [195]–199.
• Taxes, payment of, as qualification for voting, [299]–300.
  • See Suffrage, Schools.
• Tennessee, limitations upon Negroes in respect to occupations in, [43];
  • marriages between slaves and free Negroes in, [74];
  • effect given to marriages in other States in, [93];
  • civil rights legislation in, [116]–118;
  • race distinctions in theatres in, [134];
  • separation of races in, in asylums for deaf and blind, [148];
  • in public schools, [176];
  • in private schools, [190];
  • Negroes as witnesses in, [244];
  • early statute on Negro jury service in, [249];
  • Negro suffrage in, in 1834, [284];
  • qualifications for voting in, [334]–335.
• Texas, slave marriages legal in, by statute, [73];
  • effect of intermarriage in, [85];
  • separation of races in public schools of, [176];
  • division of public school fund in, [199];
  • early “Jim Crow” law in, [209];
  • separation of races in railroad cars in, [214];
  • Negroes as witnesses in, [244];
  • actual service by Negroes on juries in, [268]–269;
  • qualifications for voting in, [334]–335.
• Theatres, race distinctions in, [134]–136.
• Thirteenth Amendment, [9].
  • See Civil Rights.
• Times-Democrat, New Orleans, La., sued for calling white person “colored,” [28].
• Trains to which “Jim Crow” laws do not apply, [221]–222.
• Tribune, New York, on proper name for Negro, [22].
• U
• “Understanding Clauses” as qualifications for voting, [308]–310.
  • See Suffrage.
• Unions, labor, race discriminations by, [140]–141.
• Upper Alton, Ill., separation of races in public schools of, [179].
• Utah, selling liquor to Indians prohibited in, [45];
  • qualifications for voting in, [334]–335.
• V
• Vagrancy laws, [58]–60;
  • in South Carolina, [58]–59;
  • in Mississippi, [59]–60;
  • as race distinctions, [275].
• Vardaman, J. K., on division of public school fund between races, [195].
• Vermont, qualifications for voting in, [334]–335.
• Virginia, contracts for labor by Negroes in, [47];
  • slave marriages legal in, by statute, [74];
  • effect of intermarriage in, [86];
  • punishment in, for performing ceremony, [88];
  • effect given to marriages in other States in, [93];
  • separation of races in public schools of, [176];
  • on steamboats in, [215];
  • Negroes as witnesses in, [245];
  • Indians as witnesses in, [245];
  • actual jury service by Negroes in, [269]–271;
  • intimidation of Negroes at polls of, [293];
  • qualifications for voting in, [336]–337.
• Voice of the Negro, on proper name for Negro, [20].
• Voting, qualifications for, in United States, table of, [322]–339.
  • See Suffrage.
• W
• Waiting rooms, separation of races in, [220]–221.
• Washington, selling liquor to Indians prohibited in, [45];
  • Negroes as witnesses in, [246];
  • Indians as witnesses in, [246];
  • qualifications for voting in, [336]–337.
• Washington, Booker T., on his ancestry, [13];
  • on proper name for Negro, [21];
  • and Hamlet, N. C., incident, [221];
  • on suffrage, [361].
• Washington, D. C., City of Refuge for miscegenating couples, [94];
  • separation of prisoners by race in, [147];
  • separate public schools in, [189].
• West Virginia, slave marriages legal in, by statute, [74];
  • effect of intermarriage in, [86];
  • punishment in, for performing ceremony, [88];
  • effect given to marriages in other States in, [93];
  • Negroes in militia of, [145];
  • separation of races in asylums for insane in, [149];
  • in public schools of, [186];
  • qualifications for voting in, [336]–337.
• “White,” omitted from statutes of Florida, [116];
  • of New York, [115];
  • required on street cars, [231];
  • stricken from election laws of Dakota Territory, [286];
  • from Constitution of Iowa, [286];
  • from suffrage laws, [288];
  • still in Maryland Constitution, [288], [317].
• White, John, and Lost Colony, [90]–91.
• White persons, defamation to call, Negroes, [26]–33;
  • intermarriage between, and Chinese, [82]–83;
  • and Kanakans, [83];
  • and Indians, [82]–83.
• Wisconsin, qualifications for voting in, [336]–337.
• Witnesses, Negroes as, [241]–247.
• Wyoming, separation of races in public schools of, [186];
  • qualifications for voting in, [338]–339.
• X
• Xenia, Ohio, intermarriage at, [99].
• Y
• Y. M. C. A., separation of races in, [144].

---

TRANSCRIBER’S NOTES

1. Silently corrected typographical errors and variations in spelling.
2. Archaic, non-standard, and uncertain spellings retained as printed.
3. Footnotes were re-indexed using numbers.