Strong and passionate dislike and apprehension such as is set forth in the last chapter is certain to show itself in custom and law set up by that portion of the community which has the power of legislation. The commonest measures of this kind are discriminations between Whites and Negroes, especially in the use of public conveniences. In some cases the white people shut out Negroes altogether. There are perhaps half a dozen towns in the South in which none but Negroes live; there are scores in which the Negroes are not allowed to settle or stay. Two counties in North Carolina (Mitchell and Watauga) undertake to exclude Negroes; and people who attempt to go through there with a black driver are confronted by such signs as “Nigger, keep out of this county!” If that is not sufficient, a native comes swinging across the fields and remarks: “I don’t want to have any trouble, and I don’t suppose it makes any difference to you, but if that nigger goes two miles farther, he’ll be shot. We don’t allow any niggers in this county.” Such exclusions are not unknown in other states. In the town of Syracuse, Ohio, for generations no Negro has ever been allowed to stay overnight; and the founder of a little city in Oklahoma heard his buildings blown up at night because he had ventured to domicile colored servants there. In the two Northern settlements of Fitzgerald, Ga., and Cullman, Ala., the attempt was made to keep Negroes out altogether.
In addition to these artificial separations, there is a redistribution of the population going on all the while. Few of the owners of good plantations any longer live on them, and the outlying Whites move into town, or into counties where Negroes are fewer. The places thus vacated are taken up through rent or purchase by colored people; so that we have the striking phenomenon that black counties are getting blacker and white counties whiter. Thus in Pulaski County, Ga., in thirty years the Negroes doubled and the Whites increased only about twenty per cent. The same thing is true inside the cities and towns; most of them have well-marked negro quarters, near or alongside which none but the lowest Whites like to live. In Richmond, on one of the main streets, it is tacitly understood that the Negroes take the north sidewalk and the Whites the south sidewalk. Probably no place is now quite so strict in the matter as Morristown, Tenn., was twenty-five years ago, when white women first came to teach the Negroes; they were literally thrown off the sidewalks into the gutter because that was the only place where “niggers or nigger-lovers” were allowed to walk.
The principle of race separation extends from civil into religious matters. Before the Civil War Negroes were often acceptable and honored members of white churches, and there are still some cases where old members continue this relation, but they could now hardly sit in the same pews. There are also difficulties in attempts to unite separate black and white churches into one general denomination. The Protestant Episcopal Church is much perplexed over a proposition for separate negro bishops, inferior to the regular bishops. However, not a twentieth of the Negroes to-day are members of churches which are in organic relation to white churches; they have their own presbyteries, and conferences, and synods; set their own doctrines and moral standards, and (if the white man is right in thinking the race inferior) they will necessarily develop an inferior Christianity.
The discriminations so far mentioned have to do with unwritten practices; with customs which differ from community to community; there is another long series upon the statute books. In 1865, in the so-called Vagrant Laws, special provision was made for the relations of colored people; four states allowed colored children to be “apprenticed,” which practically meant a mild slavery; in South Carolina “servants,” as the Negroes were called in the statute, were forbidden to leave their master’s place without consent; Mississippi forbade people to rent land to Negroes outside the towns; South Carolina established a special court for the trial of negro offenses; several states forbade blacks to practice any trade or business without a license. These laws, which competent Southerners now think to have been a serious mistake, seemed to Congress evidence of a purpose to restore a milder form of slavery, and they were swept away by the Reconstruction governments. Nevertheless, in all the Southern states, constitutions or statutes forbid the intermarriage of Whites and Negroes; and either during Reconstruction or since, all the Southern states have provided for separate public schools for Negroes; and several states prohibit the education of Whites and blacks in the same private school.
The most striking discrimination is the separate accommodations on railroads and steamboats, which has entirely grown up since the Civil War. In slavery times few Negroes traveled except as the obvious servants of white people; but in 1865 legislation began for separate cars or compartments, and of the former slaveholding states, only two, Missouri and Delaware, are now without laws on that subject. The term “Jim Crow” commonly applied to these laws goes back to an old negro song and dance, and was first used in Massachusetts, where, in 1841, the races were thus separated. The Civil Rights Act of Congress of 1875 forbade such distinctions, but was held unconstitutional by the Supreme Court in 1883. Several state and federal cases have given opportunity for the courts to decide that if there is a division between the two races, the accommodations must be equal. Hence, most Southern trains have a separate Jim Crow car, with a smoking compartment. The Pullman Car Company, perhaps because its business is chiefly interstate, has hesitated to make distinctions, and commonly will sell a berth to anybody who will show a railroad ticket good on the appropriate train; but in some states there are now demands for separate colored Pullmans, or for colored compartments, or for excluding Negroes altogether. But nobody who knows the Pullman Car Company will for a moment expect that it will do anything because patrons desire it. The discrimination in many states extends to the stations. For instance, in the beautiful new Spanish Mission building at Mobile, there are separate waiting rooms, separate ticket windows, and two exits—one for Whites and one for colored people. In Greensboro, N. C., the waiting room, a large and lofty hall, is simply bisected by a brass railing.
Similar laws apply to steamboats, though here it is not so easy to shut off part of the passengers from the general facilities of the boat. Even in the Boston steamers running to Southern ports there are separate dining rooms, toilet rooms and smoking rooms for colored passengers. Eight Southern states separate street-car passengers; sometimes they have a separate compartment for Negroes—more often, a little movable sign is shifted up and down the car to divide the races. Elsewhere, Whites sit at one end and Negroes at the other, and fill up till they meet. In most of these laws there is an exception, allowing colored nurses with white children and colored attendants of feeble or sick people to enter the white car; and it has been thought necessary to provide that railroad employees, white or black, may circulate through the train.
In restaurants and hotels the distinction is still sharper, for except those which are kept only for the accommodations of Negroes, there is no provision for tables for colored people in any form outside of the railroad eating houses. It is hence practically impossible for any colored person to get accommodation in a Southern hotel.
These discriminations on travel have never been desired by the railroad companies, inasmuch as they involve trouble and expense, and are a check on the Negro’s love for riding on trains and boats, which is an important factor in the passenger receipts. It is everywhere disliked by the Negroes, both because they do not, in fact, have accommodations as good as those of the Whites, and because it is intended to be a mark of their inferiority. The low-class white man who, in 1902, acted as ticket agent, baggage man and division superintendent and conductor on the three-mile branch road connecting Tuskegee with the main line remarked affably: “Been to see the nigger school, I suppose? That’s all right, Booker Washington’s all right. Oh, yes, he’s a good man, he often rides on this train. Not in this part of the car, you know, but over there in the Jim Crow. Oh, yes, I often set down and talk to Booker Washington. Not on the same seat of course. Jest near by.”
Besides these shackles of custom or of law, the Negro is in general excluded in the South from every position which might be construed to give him authority over white people. The civil service of the federal government is on a different footing; ever since war times there have always been some negro federal officials, collectors of internal revenue, collectors of ports, postmasters, and the like; but there is a determined effort in the South to get rid of them. At Lake City, S. C., in 1898, part of the family of Baker, the negro postmaster, was massacred as a hint that his presence was not desired. The people of Indianola, Miss., in 1903, practically served notice on a colored postmistress that she could not be allowed to officiate any longer; whereupon President Roosevelt directed the closing of the Indianola office. When in 1902 Dr. Crum was appointed collector of Charleston, there was an uproar in South Carolina and throughout the South. That episode involved some painful and some comical things; for instance, a white lady who bears one of the most honored names in American history, and who sorely needed the employment, was practically compelled by public sentiment to resign a clerkship in the customhouse when Dr. Crum came in; and the people who protested against his appointment, on the ground that he was unfit, had previously helped to select him as a commissioner in the Charleston Exposition.
In all these controversies the issue was double; first, that the white people thought it an indignity to transact any public business with a Negro representing the United States; and second, that it would somehow bring about race equality to admit that a Negro was competent to hold any important office. The President was furiously censured because he did not take into account the preferences of the Southern people, by which, of course, was meant the Southern white people; that in South Carolina there are more African citizens than Caucasian seemed to them quite beside the question.