“Whereas, We recognize the duty of the stronger race to uphold the weaker, and that upon it rests the responsibility of an honest and faithful endeavor to raise the weaker race to the level of intelligent citizenship; and
“Whereas, The colored people have been erroneously taught that legislation under Democratic auspices would be inimical to their rights and interests, thereby causing a number of them to entertain honest fears in the premises,
“The General Assembly of North Carolina do resolve, That, while we regard with repugnance the absurd attempts, by means of ‘Civil Rights’ Bills, to eradicate certain race distinctions, implanted by nature and sustained by the habits of forty centuries; and while we are sure that good government demands for both races alike that the great representation and executive offices of the country should be administered by men of the highest intelligence and best experience in public affairs, we do, nevertheless, heartily accord alike to every citizen, without distinction of race or color, equality before the law.
“Resolved, That we recognize the full purport and intent of that amendment to the Constitution of the United States which confers the right of suffrage and citizenship upon the people of color, and that part of the Constitution of North Carolina conferring educational privileges upon both races: that we are disposed and determined to carry out in good faith these as all other constitutional provisions.”
STATE LEGISLATION AFTER 1883
In South
The civil rights legislation in the South after 1883 may be shortly disposed of, for an examination of the session laws of the Southern States since that time reveals only one statute that can at all properly be called a Civil Rights Bill. That was a statute of Tennessee[[243]] of March 25, 1885, providing against discrimination in theatres, shows, parks, places of public resort for observation of scenery or amusement of any kind whatever, where fee or toll is charged. But it adds this significant section: “That nothing herein contained shall be construed as interfering with the existing rights to provide separate accommodations and seats for colored and white persons at such places.” It may be taken for granted that the Civil Rights Bills passed in the South by the Reconstruction administrations became inoperative, if they were not actually repealed, as soon as the government reverted to the hands of the resident white people. Of course, all the Southern legislation as to separate schools and separate accommodations in public conveyances relates to the civil rights of Negroes, and most of this has come since 1883, but the discussion of these two important subjects is postponed to later chapters.
In States Outside of South
The Federal Civil Rights Bill, as has been seen, was declared unconstitutional in 1883, and the national government was thereby declared impotent to secure for Negroes equality of accommodations in public places. Thus the burden, as has been said before, was thrown upon the States. Many of the States outside the South responded by adopting bills which practically copied the Civil Rights Bill of 1875. The following is a list of the States that have such Civil Rights Bills with the dates of their adoption and amendments: Connecticut,[[244]] 1884 and 1905; Iowa,[[245]] 1884 and 1892; New Jersey,[[246]] 1884; Ohio,[[247]] 1884 and 1894; Colorado,[[248]] 1885 and 1895; Illinois,[[249]] 1885; Indiana,[[250]] 1885; Massachusetts,[[251]] 1885, 1893, and 1895; Michigan,[[252]] 1885; Minnesota,[[253]] 1885, 1897, and 1899; Nebraska,[[254]] 1885 and 1893; Rhode Island,[[255]] 1885; New York,[[256]] 1893 and 1895; Pennsylvania,[[257]] 1887; Washington,[[258]] 1890; Wisconsin,[[259]] 1895; and California,[[260]] 1897. The Kansas[[261]] bill has already been considered.
A clearer idea of what the various State statutes mean and how they differ from the Civil Rights Bill of 1875 may be got from the accompanying table. The list contains the names of places where all citizens, without regard to race, color, or previous condition of servitude are guaranteed equality of accommodation. It will be noticed that none of the Southern States have Civil Rights Bills and, therefore, depend upon the courts to determine the rights of citizens in public places, and in addition the following States have no such statute: Delaware, Idaho, Maine, Maryland, Missouri, Montana, Nevada, New Hampshire, North Dakota, Oregon, South Dakota, Utah, Vermont, West Virginia, and Wyoming.