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Race Distinctions in American Law

Chapter 145: INDEX
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About This Book

A legal study that investigates how American constitutions, statutes, and judicial decisions have created and enforced distinctions among racial groups, especially focusing on the legal status of Black Americans after emancipation. It defines what counts as a race-based legal distinction, traces laws labeled as black codes and later statutes, and examines how law treated marriage, intermarriage, civil rights and accommodations, education, public transport, labor and criminal regulations. The author compares federal and state measures, summarizes key court rulings, and assesses where statutory distinctions produce formal separation or unequal treatment, presenting sources and notes for readers interested in legal authority.

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.