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for whites and negroes. Though fair on their face, they are everywhere known to discriminate against the colored people in their administration, and were intended to humiliate and degrade them.
Setting apart separate places for negroes on public carriers, is just as repugnant to the spirit and intent of the national Constitution, as would be a law compelling all Jews or all Roman Catholics to occupy compartments specially set apart for them on account of their religion. If these statutes were not especially aimed at the negro, an arrangement of different fares, such as first, second and third classes, would have been far more just and preferable, and would have enabled the refined and exclusive of both races to avoid the presence of the coarse and vicious, by selecting the more expensive fare. Still these laws have been upheld by the Federal Supreme Court, and pronounced not in conflict with the amendments to the Constitution of the United States.
City ordinances providing for separate street cars for white and colored passengers, are in force in Atlanta, New Orleans, and in nearly all the cities of the South. In all the principal cities of Alabama, a certain portion of the street cars is set apart and marked for negroes. The conductors are clothed with the authority of determining to what race the passenger belongs, and may arrest persons refusing to obey his orders. It is often a very difficult task to determine to what race some passengers belong, there being so many dark-white persons that might be mistaken for negroes, and persons known as negroes who are as fair as any white person.
In the State of Georgia, a negro cannot purchase a berth in a sleeping car, under any circumstances, no matter where his destination, owing to the following statute enacted December 20th, 1899: "Sleeping car companies, and all railroads operating sleeping cars in this State, shall separate the white and colored races, and shall not permit them to occupy the same compartment; provided, that nothing in this act shall be construed to compel sleeping car companies or railroads operating sleeping cars, to carry persons of color in sleeping or parlor cars; provided also, that this act shall not apply to colored nurses or servants travelling with their employers." The violation of this statute is a misdemeanor.
Article 45, section 639 of the statutes of Georgia, 1895, makes it a misdemeanor to keep or confine white and colored convicts together, or to chain them together going to and from work. There is also a statute in Georgia requiring that a separate tax list be kept in every county, of the property of white and colored persons. Both races generally approve the laws prohibiting inter-marriages between white and colored persons, which seem to be uniform throughout the Southern States.
Florida seems to have gone a step further than the rest, and by sections 2612 and 2613, Revised Statutes, 1892, it is made a misdemeanor for a white man and a colored woman, and vice versa, to sleep under the same roof at night, occupying the same room. Florida is entitled to credit, however, for a statute making marriages between white and colored persons prior to 1866, where they continue to live together, valid and binding to all intents and purposes.
In addition to this forced separation of the races by law, "from the cradle to the grave," there is yet a sadder and more deplorable separation, in the almost universal disposition to leave the negroes wholly and severely to themselves in their home life and religious life, by the white Christian people of the South, distinctly manifesting no concern in their moral and religious development.