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BY CHARLES W. CHESNUTT, ESQ.
The fiat having gone forth from the wise men of the South that the "all-pervading, all-conquering Anglo-Saxon race" must continue forever to exercise exclusive control and direction of the government of this so-called Republic, it becomes important to every citizen who values his birthright to know who are included in this grandiloquent term. It is of course perfectly obvious that the writer or speaker who used this expression--perhaps Mr. Grady of Georgia--did not say what he meant. It is not probable that he meant to exclude from full citizenship the Celts and Teutons and Gauls and Slavs who make up so large a proportion of our population; he hardly meant to exclude the Jews, for even the most ardent fireeater would hardly venture to advocate the disfranchisement of the thrifty race whose mortgages cover so large a portion of Southern soil. What the eloquent gentleman really meant by this high-sounding phrase was simply the white race; and the substance of the argument of that school of Southern writers to which he belongs, is simply that for the good of the country the Negro should have no voice in directing the government or public policy of the Southern States or of the nation.
But it is evident that where the intermingling of the races has made such progress as it has in this country, the line which separates the races must in many instances have been practically obliterated. And there has arisen in the United States a very large class of the population who are certainly not Negroes in an ethnological sense, and whose children will be no nearer Negroes than themselves. In view, therefore, of the very positive ground taken by the white leaders of the South, where most of these people reside, it becomes in the highest degree important to them to know what race they belong to. It ought to be also a matter of serious concern to the Southern white people; for if their zeal for good government is so great that they contemplate the practical overthrow of the Constitution and laws of the United States to secure it, they ought at least to be sure that no man entitled to it by their own argument, is robbed of a right so precious as that of free citizenship; the "all-pervading, all conquering Anglo-Saxon" ought to set as high a value on American citizenship as the all-conquering Roman placed upon the franchise of his State two thousand years ago. This discussion would of course be of little interest to the genuine Negro, who is entirely outside of the charmed circle, and must content himself with the acquisition of wealth, the pursuit of learning and such other privileges as his "best friends" may find it consistent with the welfare of the nation to allow him; but to every other good citizen the inquiry ought to be a momentous one. What is a white man?
In spite of the virulence and universality of race prejudice in the United States, the human intellect long ago revolted at the manifest absurdity of classifying men fifteen-sixteenths white as black men; and hence there grew up a number of laws in different states of the Union defining the limit which separated the white and colored races, which was, when these laws took their rise and is now to a large extent, the line which separated freedom and opportunity from slavery or hopeless degradation. Some of these laws are of legislative origin; others are judge-made laws, brought out by the exigencies of special cases which came before the courts for determination. Some day they will, perhaps, become mere curiosities of jurisprudence; the "black laws" will be bracketed with the "blue laws," and will be at best but landmarks by which to measure the progress of the nation. But to-day these laws are in active operation, and they are, therefore, worthy of attention; for every good citizen ought to know the law, and, if possible, to respect it; and if not worthy of respect, it should be changed by the authority which enacted it. Whether any of the laws referred to here have been in any manner changed by very recent legislation the writer cannot say, but they are certainly embodied in the latest editions of the revised statutes of the states referred to.
The colored people were divided, in most of the Southern States, into two classes, designated by law as Negroes and mulattoes respectively. The term Negro was used in its ethnological sense, and needed no definition; but the term "mulatto" was held by legislative enactment to embrace all persons of color not Negroes. The words "quadroon" and "mestizo" are employed in some of the law books, tho not defined; but the term "octoroon," as indicating a person having one-eighth of Negro blood, is not used at all, so far as the writer has been able to observe.
The states vary slightly in regard to what constitutes a mulatto or person of color, and as to what proportion of white blood should be sufficient to remove the disability of color. As a general rule, less than one-fourth of Negro blood left the individual white-in theory; race questions being, however, regulated very differently in practice. In Missouri, by the code of 1855, still in operation, so far as not inconsistent with the Federal Constitution and laws, "any person other than a Negro, any one of whose grandmothers or grandfathers is or shall have been a Negro, tho all of his or her progenitors except those descended from the Negro may have been white persons, shall be deemed a mulatto." Thus the color-line is drawn at one-fourth of Negro blood, and persons with only one-eighth are white.
By the Mississippi code of 1880, the color-line is drawn at one-fourth of Negro blood, all persons having less being theoretically white.
Under the code noir of Louisiana, the descendant of a white and a quadroon is white, thus drawing the line at one-eighth of Negro blood. The code of 1876 abolished all distinctions of color; as to whether they have been re-enacted since the Republican Party went out of power in that state the writer is not informed.
Jumping to the extreme North, persons are white within the meaning of the Constitution of Michigan who have less than one-fourth of Negro blood.
In Ohio the rule, as established by numerous decisions of the Supreme Court, was that a preponderance of white blood constituted a person a white man in the eye of the law, and entitled him to the exercise of all the civil rights of a white man. By a retrogressive step the color-line was extended in 1861 in the case of marriage, which by statute was forbidden between a person of pure white blood and one having a visible admixture of African blood. But by act of legislature, passed in the spring of 1887, all laws establishing or permitting distinctions of color were repealed. In many parts of the state these laws were always ignored, and they would doubtless have been repealed long ago but for the sentiment of the southern counties, separated only by the width of the Ohio River from a former slave-holding state. There was a bill introduced in the legislature during the last session to reenact the "black laws," but it was hopelessly defeated; the member who introduced it evidently mistook his latitude; he ought to be a member of the Georgia legislature.
But the state which, for several reasons, one might expect to have the strictest laws in regard to the relations of the races, has really the loosest. Two extracts from decisions of the Supreme Court of South Carolina will make clear the law of that state in regard to the color line.
"The definition of the term mulatto, as understood in this state, seems to be vague, signifying generally a person of mixed white or European and Negro parentage, in whatever proportions the blood of the two races may be mingled in the individual. But it is not invariably applicable to every admixture of African blood with the European, nor is one having all the features of a white to be ranked with the degraded class designated by the laws of this state as persons of color, because of some remote taint of the Negro race. The line of distinction, however, is not ascertained by any rule of law.... Juries would probably be justified in holding a person to be white in whom the admixture of African blood did not exceed the proportion of one-eighth. But it is in all cases a question for the jury, to be determined by them upon the evidence of features and complexion afforded by inspection, the evidence of reputation as to parentage, and the evidence of the rank and station in society occupied by the party. The only rule which can be laid down by the courts is that where there is a distinct and visible admixture of Negro blood, the individual is to be denominated a mulatto or person of color."
In a later case the court held:
"The question whether persons are colored or white, where color or feature are doubtful, is for the jury to decide by reputation, by reception into society, and by their exercise of the privileges of the white man, as well as by admixture of blood."
It is an interesting question why such should have been, and should still be, for that matter, the law of South Carolina, and why there should exist in that state a condition of public opinion which would accept such a law. Perhaps it may be attributed to the fact that the colored population of South Carolina always outnumbered the white population, and the eagerness of the latter to recruit their ranks was sufficient to overcome in some measure their prejudice against the Negro blood. It is certainly true that the color-line is, in practice as in law, more loosely drawn in South Carolina than in any other Southern State, and that no inconsiderable element of the population of that state consists of these legal white persons, who were either born in the state, or, attracted thither by this feature of the laws, have come in from surrounding states, and, forsaking home and kindred, have taken their social position as white people. A reasonable degree of reticence in regard to one's antecedents is, however, usual in such cases.
Before the War the color-line, as fixed by law, regulated in theory the civil and political status of persons of color. What that status was, was expressed in the Dred Scott decision. But since the War, or rather since the enfranchisement of the colored people, these laws have been mainly confined--in theory, be it always remembered--to the regulation of the intercourse of the races in schools and in the marriage relation. The extension of the color-line to places of public entertainment and resort, to inns and public highways, is in most states entirely a matter of custom. A colored man can sue in the courts of any Southern State for the violation of his common-law rights, and recover damages of say fifty cents without costs. A colored minister who sued a Baltimore steamboat company a few weeks ago for refusing him first-class accommodation, he having paid first-class fare, did not even meet with that measure of success; the learned judge, a Federal judge by the way, held that the plaintiff's rights had been invaded, and that he had suffered humiliation at the hands of the defendant company, but that "the humiliation was not sufficient to entitle him to damages." And the learned judge dismissed the action without costs to either party.
Having thus ascertained what constitutes a white man, the good citizen may be curious to know what steps have been taken to preserve the purity of the white race. Nature, by some unaccountable oversight having to some extent neglected a matter so important to the future prosperity and progress of mankind. The marriage laws referred to here are in active operation, and cases under them are by no means infrequent. Indeed, instead of being behind the age, the marriage laws in the Southern States are in advance of public opinion; for very rarely will a Southern community stop to figure on the pedigree of the contracting parties to a marriage where one is white and the other is known to have any strain of Negro blood.
In Virginia, under the title "Offenses against Morality," the law provides that "any white person who shall intermarry with a Negro shall be confined in jail not more than one year and fined not exceeding one hundred dollars." In a marginal note on the statute-book, attention is called to the fact that "a similar penalty is not imposed on the Negro"--a stretch of magnanimity to which the laws of other states are strangers. A person who performs the ceremony of marriage in such a case is fined two hundred dollars, one-half of which goes to the informer.
In Maryland, a minister who performs the ceremony of marriage between a Negro and a white person is liable to a fine of one hundred dollars.
In Mississippi, code of 1880, it is provided that "the marriage of a white person to a Negro or mulatto or person who shall have one-fourth or more of Negro blood, shall be unlawful"; and as this prohibition does not seem sufficiently emphatic, it is further declared to be "incestuous and void," and is punished by the same penalty prescribed for marriage within the forbidden degrees of consanguinity.
But it is Georgia, the alma genetrix of the chain-gang, which merits the questionable distinction of having the harshest set of color laws. By the law of Georgia the term "person of color" is defined to mean "all such as have an admixture of Negro blood, and the term 'Negro,' includes mulattoes." This definition is perhaps restricted somewhat by another provision, by which "all Negroes, mestizoes, and their descendants, having one-eighth of Negro or mulatto blood in their veins, shall be known in this State as persons of color." A colored minister is permitted to perform the ceremony of marriage between colored persons only, tho white ministers are not forbidden to join persons of color in wedlock. It is further provided that "the marriage relation between white persons and persons of African descent is forever prohibited, and such marriages shall be null and void." This is a very sweeping provision; it will be noticed that the term "persons of color," previously defined, is not employed, the expression "persons of African descent" being used instead. A court which was so inclined would find no difficulty in extending this provision of the law to the remotest strain of African blood. The marriage relation is forever prohibited. Forever is a long time. There is a colored woman in Georgia said to be worth $300,000--an immense fortune in the poverty stricken South. With a few hundred such women in that state, possessing a fair degree of good looks, the color-line would shrivel up like a scroll in the heat of competition for their hands in marriage. The penalty for the violation of the law against intermarriage is the same sought to be imposed by the defunct Glenn Bill for violation of its provisions; i.e., a fine not to exceed one thousand dollars, and imprisonment not to exceed six months, or twelve months in the chain-gang.
Whatever the wisdom or justice of these laws, there is one objection to them which is not given sufficient prominence in the consideration of the subject, even where it is discussed at all; they make mixed blood a prima-facie proof of illegitimacy. It is a fact that at present, in the United States, a colored man or woman whose complexion is white or nearly white is presumed, in the absence of any knowledge of his or her antecedents, to be the offspring of a union not sanctified by law. And by a curious but not uncommon process, such persons are not held in the same low estimation as white people in the same position. The sins of their fathers are not visited upon the children, in that regard at least; and their mothers' lapses from virtue are regarded either as misfortunes or as faults excusable under the circumstances. But in spite of all this, illegitimacy is not a desirable distinction, and is likely to become less so, as these people of mixed blood advance in wealth and social standing. This presumption of illegitimacy was once, perhaps, true of the majority of such persons; but the times have changed. More than half of the colored people of the United States are of mixed blood; they marry and are given in marriage, and they beget children of complexions similar to their own. Whether or not, therefore, laws which stamp these children as illegitimate, and which by indirection establish a lower standard of morality for a large part of the population than the remaining part is judged by, are wise laws; and whether or not the purity of the white race could not be as well preserved by the exercise of virtue, and the operation of those natural laws which are so often quoted by Southern writers as the justification of all sorts of Southern "policies"-are questions which the good citizen may at least turn over in his mind occasionally, pending the settlement of other complications which have grown out of the presence of the Negro on this continent.
Chesnutt, Charles W. "What Is a White Man?" The Independent, 41 (30 May 1889): 5-6.