Negro Law Quotes

Daily the Negro is coming more and more to look upon law and justice, not as protecting safeguards, but as sources of humiliation and oppression. The laws are made by men who have little interest in him; they are executed by men who have absolutely no motive for treating the black people with courtesy or consideration; and, finally, the accused law-breaker is tried, not by his peers, but too often by men who would rather punish ten innocent Negroes than let one guilty one escape.

The white man who begins by cheating a Negro usually ends by cheating a white man. The white man who begins to break the law by lynching a Negro soon yields to the temptation to lynch a white man.

THIS PAST, THE NEGRO’S PAST, OF ROPE, FIRE, TORTURE…DEATH AND HUMILIATION; FEAR BY DAY AND NIGHT, FEAR AS DEEP AS THE MARROW OF THE BONE…THIS PAST, THIS ENDLESS STRUGGLE TO ACHIEVE AND CONFIRM A HUMAN IDENTITY…YET CONTAINS, FOR ALL ITS HORROR, SOMETHING VERY BEAUTIFUL…. PEOPLE WHO CANNOT SUFFER CAN NEVER GROW UP, CAN NEVER DISCOVER WHO THEY ARE…. —James Baldwin

In his grave, we praise him for his decency - but when he walked amongst us, we responded with no decency of our own. When he suggested that all men should have a place in the sun - we put a special sanctity on the right of ownership and the privilege of prejudice by maintaining that to deny homes to Negroes was a democratic right. Now we acknowledge his compassion - but we exercised no compassion of our own. When he asked us to understand that men take to the streets out of anguish and hopelessness and a vision of that dream dying, we bought guns and speculated about roving agitators and subversive conspiracies and demanded law and order. We felt anger at the effects, but did little to acknowledge the causes. We extol all the virtues of the man - but we chose not to call them virtues before his death. And now, belatedly, we talk of this man's worth - but the judgement comes late in the day as part of a eulogy when it should have been made a matter of record while he existed as a living force. If we are to lend credence to our mourning, there are acknowledgements that must be made now, albeit belatedly. We must act on the altogether proper assumption that Martin Luther King asked for nothing but that which was his due... He asked only for equality, and it is that which we denied him. [excerpt from a letter to The Los Angeles Times in response to the assassination of Martin Luther King, Jr.; April 8, 1968

Not only is it true that many of the alleged cases of rape against the Negro, are like the foregoing, but the same crime committed by white men against Negro women and girls, is never punished by mob or the law. A leading journal in South Carolina openly said some months ago that “it is not the same thing for a white man to assault a colored woman as for a colored man to assault a white woman, because the colored woman had no finer feelings nor virtue to be outraged!” Yet colored women have always had far more reason to complain of white men in this respect than ever white women have had of Negroes.

In any case, white people, who had robbed black people of their liberty and who profited by this theft every hour that they lived, had no moral ground on which to stand. They had the judges, the juries, the shotguns, the law—in a word, power. But it was a criminal power, to be feared but not respected, and to be outwitted in any way whatever. And those virtues preached but not practiced by the white world were merely another means of holding Negroes in subjection.

Thus the negro transmits the eternal mark of his ignominy to all his descendants; and although the law may abolish slavery, God alone can obliterate the traces of its existence.

Being challenged by the law was a rite of passage for any Negro who wanted to better himself or his situation.

We could move,” she suggested once to her mother-in-law. “What’d be the point?” asked Baby Suggs. “Not a house in the country ain’t packed to its rafters with some dead Negro’s grief. We lucky this ghost is a baby.

In a sense, the well-meaning or the ill-meaning American who asks: "What more will the Negro want?" or "When will he be satisfied?" or "What will it take to make these demonstrations cease?" is asking the Negro to purchase something that already belongs to him by every concept of law, justice and our Judaeo-Christian heritage. Moreover, he is asking the Negro to accept half the loaf and to pay for that half by waiting willingly for the other half to be distributed in crumbs over a hard and protracted winter of injustice. I would like to ask those people who seek to apportion to us the rights they have always enjoyed whether they believe that the framers of the Declaration of Independence intended that liberty should be divided into installments, doled out on a deferred-payment plan. Did not nature create birth as a single process? Is not freedom the negation of servitude? Does not one have to end totally for the other to begin?

Whether Maycomb knows it or not, we're paying the highest tribute we can pay a man. We trust him to do right. It's that simple.' 'Who?' Aunt Alexandra never knew she was echoing her twelve-year-old nephew. 'The handful of people in this town who that that fair play is not marked White Only; the handful of people who say a fair trial is for everybody, not just us; the handful of people with enough humility to think, when they look at a Negro, there but for the Lord's kindness am I.

All Negroes shall be prohibited from voting, holding public office, practicing law, medicine, or teaching in any class above the grade of grammar school, and they shall be taxed 100 per cent of all sums in excess of $10,000 per family per year which they may earn or in any other manner receive.

They had the judges, the juries, the shotguns, the law—in a word, power. But it was a criminal power, to be feared but not respected, and to be outwitted in any way whatever. And those virtues preached but not practiced by the white world were merely another means of holding Negroes in subjection.

There are several specific things that the church can do. First, it should try to get to the ideational roots of race hate, something that the law cannot accomplish. All race prejudice is based upon fears, suspicions, and misunderstandings, usually groundless. The church can be of immeasurable help in giving the popular mind direction here. Through its channels of religious education, the church can point out the irrationality of these beliefs. It can show that the idea of a superior or inferior race is a myth that has been completely refuted by anthropological evidence. It can show that Negroes are not innately inferior in academic, health, and moral standards. It can show that, when given equal opportunities, Negroes can demonstrate equal achievement.

If the Baron meets with a parcel of negro ships carrying whites into slavery to work upon their plantations in a cold climate, should we therefore imagine that he intends a reflection on the present traffic in human flesh? And that, if the negroes should do so, it would be simple justice, as retaliation is the law of God! If we were to think this a reflection on any present commercial or political matter, we should be tempted to imagine, perhaps, some political ideas conveyed in every page, in every sentence of the whole. Whether such things are or are not the intentions of the Baron the reader must judge.

At that meal in the small kitchen, Diane hadn’t identified the girl’s race. And when Belle had asked, had the girl with Lawrence been Negro or white? her sister-in-law had blushed and said she couldn’t remember. Belle knew then, even if Diane didn’t suffer from a medical condition, she truly didn’t care what race somebody was. Instead of pleasing Belle, this discovery made her furious, and she walked to the stove, though the burners were off and had cooled. Belle stirred a pot of lukewarm greens to cover the noise of her loud breathing. Her outraged exhalations, as she considered that Diane was a white woman who could walk through the world and stay blessedly unaware of the color line.

... laws of changeless justice bind Oppressor with oppressed; And, close as sin and suffering joined, We march to Fate abreast.

From any point of view, I had rather be what I am, a member of the Negro race, than be able to claim membership with the most favoured of any other race. I have always been made sad when I have heard members of any race claiming rights and privileges, or certain badges of distinction, on the ground simply that they were members of this or that race, regardless of their own individual worth or attainments. I have been made to feel sad for such persons because I am conscious of the fact that mere connection with what is known as a superior race will not permanently carry an individual forward unless he has individual worth, and mere connection with what is regarded as an inferior race will not finally hold an individual back if he possesses intrinsic, individual merit. Every persecuted individual and race should get much consolation out of the great human law, which is universal and eternal, that merit, no matter under what skin found, is, in the long run, recognized and rewarded. This I have said here, not to call attention to myself as an individual, but to the race to which I am proud to belong.

...I shall pledge myself to the Abolitionist cause, because I owe my life to a self-freed slave & because I must begin somewhere. I hear my father-in-law's response: 'Oho, fine, Whiggish sentiments, Adam. But don't tell *me* about justice! Ride to Tennessee on an ass & convince the rednecks that they are merely white-washed negroes & their negroes that they are black-washed Whites! Sail to the Old World, tell 'em their imperial slaves' rights are as inalienable as the Queen of Belgium's! Oh, you'll grow hoarse, poor & gray in caucuses! You'll be spat on, shot at, lynched, pacified with medals, spurned by backwoodsmen! Crucified! Naïve, dreaming Adam. He who would do battle with the many-headed hydra of human nature must pay a world of pain & his family must pay along with him! & only as you gasp your dying breath shall you understand, your life amounted to no more than one drop in a limitless ocean!' Yet what is any ocean but a multitude of drops?

I was concious of Zach's breathing, his shirt pulled across his chest, one arm draped on the steering wheel. The hard, dark look of it. The mystery of his skin. It was foolish to think some things were beyond happening, even being attracted to Negroes. I'd honestly thought such a thing couldn't happen, the way water could nog run uphill or salt could not taste sweet. A law of nature.

A statistician for the Prudential Insurance Company predicted the imminent extinction of Black people in his epic book that relied on the 1890 census figures. Unlike the Plessy ruling, Frederick Hoffman’s Race Traits and Tendencies of the American Negro received plenty of attention in 1896. Packed with statistical tables and published by the American Economic Association, the book was a pioneering work in American medical research, and it catapulted Hoffman into scientific celebrity in the Western world as the heralded father of American public health. At “the time of emancipation,” he wrote, southern Blacks were “healthy in body and cheerful in mind.” “What are the conditions thirty years after?” Well, “in the plain language of the facts,” free Blacks were headed toward “gradual extinction,” pulled down by their natural immoralities, law-breaking, and diseases. Hoffman supplied his employer with an excuse for its discriminatory policies concerning African Americans—that is, for denying them life insurance. White life insurance companies refused to insure a supposedly dying race. Yet another racist idea was produced to defend a racist policy.3

So they changed the rules—and did away with democracy. “Give us a [constitutional] convention, and I will fix it so that…the Negro shall never be heard from,” former Georgia senator Robert Toombs declared as Reconstruction was coming to an end. Between 1885 and 1908, all eleven post-Confederate states reformed their constitutions and electoral laws to disenfranchise African Americans.

His ability came from being raised in Blackford County, Indiana, where cussing among men was as necessary as church on Sunday. Except, in Wade's case, it was church on Saturday, because Wade's daddy was a religious bigot who hated Jews, Negroes, Catholics, Coca Cola (which represented frivolity and broken dietary laws), F.D.R., city people, country people, and members of his own 7th Day Adventist church.

To an American Negro living in the northern part of the United States the word South has an unpleasant sound, an overtone of horror and of fear. For it is in the South that our ancestors were slaves for three hundred years, bought and sold like cattle. It is in the South today that we suffer the worst forms of racial persecution and economic exploitation--segregation, peonage, and lynching. It is in the Southern states that the color line is hard and fast, Jim Crow rules, and I am treated like a dog. Yet it is in the South that two-thirds of my people live: A great Black Belt stretching from Virginia to Texas, across the cotton plantations of Georgia and Alabama and Mississippi, down into the orange groves of Florida and the sugar cane lands of Louisiana. It is in the South that black hands create the wealth that supports the great cities--Atlanta, Memphis, New Orleans, where the rich whites live in fine houses on magnolia-shaded streets and the Negroes live in slums restricted by law. It is in the South that what the Americans call the "race problem" rears its ugly head the highest and, like a snake with its eyes on a bird, holds the whole land in its power. It is in the South that hate and terror walk the streets and roads by day, sometimes quiet, sometimes violent, and sleep n the beds with the citizens at night.

But the Catholic Church had another agenda for the Black (Israelite) people living in Africa.  They had to change what the natives in Africa already knew about the Old Testament and then add the New Testaments teachings, but with a “White Supremacy” Europeanized twist.  The first thing they had to do was establish the “Whiteness” of the Bible starting with Adam, Eve, Abraham, Jacob, the Children of Israel all the way down to Yeshua Mashiach (Jesus Christ).  They had to do away with the Sabbath and force the slaves to forget their laws.  They had to explain the Black Negro slaves’ role in the bible as “Cursed Canaanites”.   The “Gentile” Europeans (Greeks, Romans etc.) had to write and insert themselves into the Bible using the Apocrypha Books with the mysterious appearance of the White Greek Jewish Maccabean family.   Many of the Blacks in Africa bought this lie and continued to teach this to their children generation after generation. 

Stories of law violations are weighed on a different set of scales in the Black mind than in the white. Petty crimes embarrass the community and many people wistfully wonder why Negroes don't rob more banks, embezzle more funds and employ graft in the unions. “We are the victims of the world's most comprehensive robbery. Life demands a balance. It's all right if we do a little robbing now.” This belief appeals particularly to one who is unable to compete legally with his fellow citizens.

Nazi persecution didn’t limit itself to race. Religion, national origin, alternative lifestyles, persons with disabilities—all were targets. How would you characterize the Slavs? Gypsies? Moors? All the lines get blurred. Even within Judaism, there are many races. There are Negro Jews in Ethiopia and Middle Eastern Jews in Iraq. There have been Jews in Japan since the 1860s. Poland was fractionally Jewish, but there were still three and a half million Jews living there in the 1930s.” “But still, today it all seems so incomprehensible.” Ben raised his eyebrows. “Incomprehensible because we’re Americans? Land of the free and home of the brave? Let’s not kid ourselves. We’ve authored our own chapters in the history of shame, periods where the world looked at us and shook its head. Early America built an economy based on slavery and it was firmly supported by law. Read the Supreme Court’s decision in Dred Scott. We trampled entire cultures of Native Americans. ‘No Irish Need Apply’ was written on factory gates in nineteenth-century New York.” Ben shook his head. “We’d like to think we’re beyond such hatred, but the fact is, we can never let our guard down. That’s why this case is so important. To you and to me. It’s another reminder of what can happen when evil is allowed to incubate. Find a reason to turn your nose up at a culture, to denigrate a people because they’re different, and it’s not such a giant leap from ethnic subjugation to ethnic slaughter.” Catherine

It wasn’t until 1967 that the United States Supreme Court finally struck down anti-miscegenation statutes in Loving v. Virginia, but restrictions on interracial marriage persisted even after that landmark ruling. Alabama’s state constitution still prohibited the practice in 1986 when Walter met Karen Kelly. Section 102 of the state constitution read: The legislature shall never pass any law to authorise or legalise any marriage between any white person and a Negro or descendant of a Negro.* No

More and more I am convinced that the final solution of the political end of our race problem will be for each state that finds it necessary to change the law bearing upon the franchise to make the law apply with absolute honesty, and without opportunity for double dealing or evasion, to both races alike. Any other course my daily observation in the South convinces me, will be unjust to the Negro, unjust to the white man, and unfair to the rest of the states in the Union, and will be, like slavery, a sin that at some time we shall have to pay for.

At the same time he could hardly believe what he had been reading. It struck him as verging on madness. This wild confession, this owing to a crime so outlandish, so totally different from the true ones of mating and theft of the negroes, outraged him with its insolence and perversity. In the conflict of these feelings Erasmus was swept by doubt and loneliness. His whole being seemed under threat of dissolution. What became of law, of legitimacy, of established order, if a man could assume such attitudes of private morality, decide for himself where his fault lay? It turned everything upside down. He could think of nothing more damnable. And yet… He remembered suddenly the second, rarer smile his cousin had, the one that came slowly, transforming his face. Briefly, unwillingly, Erasmus glimpsed the possibility of freedom.

I know the South claims that it has spent millions for the education of the blacks, and that it has of its own free will shouldered this awful burden. It seems to be forgetful of the fact that these millions have been taken from the public tax funds for education, and that the law of political economy which recognizes the land owner as the one who really pays the taxes is not tenable. It would be just as reasonable for the relatively few land owners of Manhattan to complain that they had to stand the financial burden of the education of the thousands and thousands of children whose parents pay rent for tenements and flats. Let the millions of producing and consuming Negroes be taken out of the South, and it would be quickly seen how much less of public funds there would be to appropriate for education or any other purpose.

Old Colonel Chesnut came for us. When the train stopped, Quashie, shiny black, was seen on his box, as glossy and perfect in his way as his blooded bays, but the old colonel would stop and pick up the dirtiest little Negro I ever saw who was crying by the roadside. This ragged little black urchin was made to climb up and sit beside Quash. It spoilt the symmetry of the turn-out, but it was a character touch, and the old gentleman knows no law but his own will. He had a biscuit in his pocket which he gave this sniffling little Negro, who proved to be his man Scip’s son. I

It was foolish to think some things were beyond happening, even being attracted to Negroes. I’d honestly thought such a thing couldn’t happen, the way water could not run uphill or salt could not taste sweet. A law of nature. Maybe it was a simple matter of being attracted to what I couldn’t have.

I believe in the brotherhood of man, not merely the brotherhood of white men but the brotherhood of all men before the law. . . . In giving the Negro the rights which are theirs we are only acting in accord with our ideals of a true democracy. . . . The majority of our Negro people find but cold comfort in shanties and tenements. Surely, as free men, they are entitled to something better than this. . . . It is our duty to see that the Negroes in our locality have increased opportunities to exercise their privilege as free men.” With these words, my father was saying what he truly believed.

Nine Southern states adopted vagrancy laws - which essentially made it a criminal offense not to work and were applied selectively to blacks - and eight of those states enacted convict laws allowing for the hiring-out of county prisoners to plantation owners and private companies. Prisoners were forced to work for little or no pay. One vagrancy act specifically provided that 'all free negroes and mulattoes over the age of eighteen' must have written proof of a job at the beginning of the year. Those found with no lawful employment were deemed vagrants and convicted. Clearly, the purpose of the black codes in general and the vagrancy laws in particular was to establish another system of forced labor. In W.E.B. Du Bois's words: 'The Codes spoke for themselves. . . . No open-minded student can read them without being convinced they meant nothing more nor less than slavery in daily toil.

This was even harder to accept for 200,000 Black soldiers who had returned from military service in France and felt entitled to be full citizens. “The great war in Europe, its recoil on America, the ferment in the United States, all conspired to break up the stereotyped conception of the Negro’s place,” wrote James Weldon Johnson, the literary polymath, a leader of the Harlem Renaissance. Cities erupted in violent attacks on Black property and life. And as vigilante executions by a hangman’s noose continued without sanction in the South, Congress could not muster enough votes to pass an anti-lynching law.

Of one slave Carter wrote, “dismembering will reclaim him.… I have cured many a Negro of running away by this means.” This horrible practice, legalized in 1705, evidently became widespread, with much resultant butchery; it received further legal blessing in the tightening of the slave laws in 1723, when the Virginia Assembly absolved owners and surgeons of manslaughter if such “dismembering” resulted in the slave’s death. The lawmakers assumed that no sane man would deliberately destroy his own very valuable property. It is hideous to imagine that doctors would participate in such medical atrocities, but they did.

Stephens resumed speaking as the crowd quieted. He referred to one final “improvement” the Confederate Constitution had introduced, a brief but crucial clause that banned forever any “bill of attainder, ex post facto law, or law denying or impairing the right of property in negro slaves.” “The new Constitution has put at rest, forever, all the agitating questions relating to our peculiar institutions—African slavery as it exists among us—the proper status of the negro in our form of civilization.” This question, Stephens baldly admitted, “was the immediate cause of the late rupture and present revolution.”20 Stephens then referenced

Its foundations are laid,” said Alexander Stephens, the vice president of the Confederacy, “its corner-stone rests upon the great truth that the negro is not equal to the white man; that slavery subordination to the superior race is his natural and normal condition. This, our new government, is the first, in the history of the world, based upon this great physical, philosophical, and moral truth….With us, all of the white race, however high or low, rich or poor, are equal in the eye of the law. Not so with the negro. Subordination is his place. He, by nature, or by the curse against Canaan, is fitted for that condition which he occupies in our system.

All of this represents disappointment lifted to astronomical proportions. It is disappointment with timid white moderates who feel that they can set the timetable for the Negro’s freedom. It is disappointment with a federal administration that seems to be more concerned about winning an ill-considered war in Vietnam than about winning the war against poverty here at home. It is disappointment with white legislators who pass laws on behalf of Negro rights that they never intended to implement. It is disappointment with the Christian church that appears to be more white than Christian, and with many white clergymen who prefer to remain silent behind the security of stained-glass windows.

Scholars discern motions in history & formulate these motions into rules that govern the rises & falls of civilizations. My belief runs contrary, however. To wit: history admits no rules, only outcomes. What precipitates outcomes? Vicious acts & virtuous acts. What precipitates acts? Belief. Belief is both prize & battlefield, within the mind & in the mind's mirror, the world. If we believe humanity is a ladder of tribes, a colosseum of confrontation, exploitation & bestiality, such a humanity is surely brought into being, & history's Horroxes, Boerhaaves & Gooses shall prevail. You & I, the moneyed, the privileged, the fortunate, shall not fare so badly in this world, provided our luck holds. What of it if our consciences itch? Why undermine the dominance of our race, our gunships, our heritage & our legacy? Why fight the 'natural' (oh, weaselly word!) order of things? Why? Because of this: -- one fine day, a purely predatory world shall consume itself. Yes, the devil shall take the hindmost until the foremost is the hindmost. In an individual, selfishness uglifies the soul; for the human species, selfishness is extinction. Is this the entropy written in our nature? If we believe that humanity may transcend tooth & claw, if we believe divers [sic] races & creeds can share this world as peaceably as the orphans share their candlenut tree, if we believe leaders must be just, violence muzzled, power accountable & the riches of the Earth & its Oceans shared equitably, such a world will come to pass. I am not deceived. It is the hardest of worlds to make real. Tortuous advances won over generations can be lost by a single stroke of a myopic president's pen or a vainglorious general's sword. A life spent shaping a world I want Jackson to inherit, not one I fear Jackson shall inherit, this strikes me as a life worth the living. Upon my return to San Francisco, I shall pledge myself to the Abolitionist cause, because I owe my life to a self-freed slave & because I must begin somewhere. I hear my father-in-law's response. 'Oho, fine, Whiggish sentiments, Adam. But don't tell me about justice! Ride to Tennessee on an ass & convince the red-necks that they are merely white-washed negroes & their negroes are black-washed Whites! Sail to the Old World, tell 'em their imperial slaves' rights are as inalienable as the Queen of Belgium's! Oh, you'll grow hoarse, poor & grey in caucuses! You'll be spat on, shot at, lynched, pacified with medals, spurned by backwoodsmen! Crucified! Naïve, dreaming Adam. He who would do battle with the many-headed hydra of human nature must pay a world of pain & his family must pay along with him! & only as you gasp your dying breath shall you understand, your life amounted to no more than one drop in a limitless ocean!' Yet what is any ocean but a multitude of drops?

The bravest of the carpetbaggers, Tourgee, declared concerning the Negro voters, "They instituted a public school system in a realm where public schools had been unknown. They opened the ballot box and jury box to thousands of white men who had been debarred from them by a lack of earthly possessions. They introduced home rule in the south. They abolished the whipping post, and branding iron, the stocks and other barbarous forms of punishment which had up to that time prevailed. They reduced capital felonies from about twenty to two or three. In an age of extravagance they were extravagant in the sums appropriated for public works. In all that time, no man's rights were invaded under the forms of law

Religious Society of Negroes” in Boston. It was one of the first known organizations of African people in colonial America. In 1693, Cotton Mather drew up the society’s list of rules, prefaced by a covenant: “Wee, the miserable children of Adam and Noah . . . freely resolve . . . to become the Servants of that Glorious Lord.” Two of Mather’s rules were instructive: members were to be counseled by someone “wise and of English” descent, and they were not to “afford” any “Shelter” to anyone who had “Run away from their Masters.” Meeting weekly, some members of the society probably delighted in hearing Mather cast their souls as White. Some probably rejected these racist ideas and used the society to mobilize against enslavement. The Religious Society of Negroes did not last. Few Africans wanted to be Christians at that time (though that would change in a few decades). And not many masters were willing to let their captives become Christians because, unlike in other colonies, there was no Massachusetts law stipulating that baptized slaves did not have to be freed.

This was especially true of the law schools, closed during the wave of legislation against the Negro, at the very time the largest possible number of Negroes needed to know the law for the protection of their civil and political rights. In other words, the thing which the patient needed most to pass the crisis was taken from him that he might more easily die.

No, sir,” Wyatt insisted. “There can’t be one law for rich Texans and another law for broke Texans, and another law for Negroes, and another one for Chinamen, and squaws, and Irishmen, and whores, and another one for everybody else. I can’t parse it that way, Dog! I am not that smart! There’s got to be one law for everybody, or I can’t do this job. You want my badge or not?

Another significant factor in the problem that blacks faced in getting over-the-road truck driving positions was the refusal of white truck drivers to ride with them. In 1966, The Wall Street Journal reported that one Teamster official asked, “Would you like to climb in a bunk bed that a nigger just got out of?” Another said, “To my knowledge no law has been written yet that says a white man has to bed down with Negroes.”[102] Teamster officials protected union men who were discharged by a company for refusing to ride with a black driver.[103] Seniority rules, the refusal of white drivers to ride with black drivers, and the Teamsters’ highly discriminatory job-referral practices contributed to reducing black opportunities for jobs in the trucking industry.[104]

Alabama legislature swiftly passed a measure under which the orphans of freed slaves, or the children of blacks deemed inadequate parents, were to be "apprenticed" to their former masters. The South Carolina planter Henry William Ravenel wrote in September 1865: "There must… be stringent laws to control the negroes, & require them to fulfill their contracts of labour on the farms."44

Across the United States, there are more than seventeen hundred monuments to the Confederacy, monuments to a breakaway republic whose constitution and leaders were unequivocal in declaring the purpose of their new nation. “Its foundations are laid,” said Alexander Stephens, the vice president of the Confederacy, “its corner-stone rests upon the great truth that the negro is not equal to the white man; that slavery subordination to the superior race is his natural and normal condition. This, our new government, is the first, in the history of the world, based upon this great physical, philosophical, and moral truth….With us, all of the white race, however high or low, rich or poor, are equal in the eye of the law. Not so with the negro. Subordination is his place.

Negroes who were neither doltish nor servile did not feel that they were doing anything wrong when they robbed white people. In spite of the Puritan-Yankee equation of virtue with well-being, Negroes had excellent reasons for doubting that money was made or kept by any very striking adherence to the Christian virtues; it certainly did not work that way for black Christians. In any case, white people, who had robbed black people of their liberty and who profited by this theft every hour that they lived, had no moral ground on which to stand. They had the judges, the juries, the shotguns, the law—in a word, power. But it was a criminal power, to be feared but not respected, and to be outwitted in any way whatever. And those virtues preached but not practiced by the white world were merely another means of holding Negroes in subjection.

Some poor creatures have been so brutalized by the lash that they will sneak out of the way to give their masters free access to their wives and daughters. Do you think this proves the black man to belong to an inferior order of beings? What would you be, if you had been born and brought up a slave, with generations of slaves for ancestors? I admit that the black man is inferior. But what is it that makes him so? It is the ignorance in which white men compel him to live; it is the torturing whip that lashes manhood out of him; it is the fierce bloodhounds of the South, and the scarcely less cruel human bloodhounds of the north, who enforce the Fugitive Slave Law. They do the work. Southern gentlemen indulge in the most contemptuous expressions about the Yankees, while they, on their part, consent to do the vilest work for them, such as the ferocious bloodhounds and the despised negro-hunters are employed to do at home. When southerners go to the north, they are proud to do them honor; but the northern man is not welcome south of Mason Dixon's line, unless he suppresses every thought and feeling at variance with their "peculiar institution." Nor is it enough to be silent. The masters are not pleased, unless they obtain a greater degree of subservience than that; and they are generally accommodated. Do they respect the northerner for this? I trow not. Even the slaves despise "a northern man with southern principles;" and that is the class they generally see. When northerners go to the south to reside, they prove very apt scholars. They soon imbibe the sentiments and disposition of their neighbors, and generally go beyond their teachers. Of the two, they are proverbially the hardest masters.

What the turbulent months of the campaign and the election revealed most of all, I think, was that the American people were voicing a profound demand for change. On the one hand, the Humphrey people were demanding a Marshall Plan for our diseased cities and an economic solution to our social problems. The Nixon and Wallace supporters, on the other hand, were making their own limited demands for change. They wanted more "law and order," to be achieved not through federal spending but through police, Mace, and the National Guard. We must recognize and accept the demand for change, but now we must struggle to give it a progressive direction. For the immediate agenda, I would make four proposals. First, the Electoral College should be eliminated. It is archaic, undemocratic, and potentially very dangerous. Had Nixon not achieved a majority of the electoral votes, Wallace might have been in the position to choose and influence our next President. A shift of only 46,000 votes in the states of Alaska, Delaware, New Jersey, and Missouri would have brought us to that impasse. We should do away with this system, which can give a minority and reactionary candidate so much power and replace it with one that provides for the popular election of the President. It is to be hoped that a reform bill to this effect will emerge from the hearings that will soon be conducted by Senator Birch Bayh of Indiana. Second, a simplified national registration law should be passed that provides for universal permanent registration and an end to residence requirements. Our present system discriminates against the poor who are always underregistered, often because they must frequently relocate their residence, either in search of better employment and living conditions or as a result of such poorly planned programs as urban renewal (which has been called Negro removal). Third, the cost of the presidential campaigns should come from the public treasury and not from private individuals. Nixon, who had the backing of wealthy corporate executives, spent $21 million on his campaign. Humphrey's expenditures totaled only $9.7 million. A system so heavily biased in favor of the rich cannot rightly be called democratic. And finally, we must maintain order in our public meetings. It was disgraceful that each candidate, for both the presidency and the vice-presidency, had to be surrounded by cordons of police in order to address an audience. And even then, hecklers were able to drown him out. There is no possibility for rational discourse, a prerequisite for democracy, under such conditions. If we are to have civility in our civil life, we must not permit a minority to disrupt our public gatherings.

That silence is not accidental. The eighteenth-century origins of the “right to bear arms” explicitly excluded Black people. 19 South Carolina encoded into law that the enslaved could not “carry or make use of fire-arms or any offensive weapons whatsoever” unless “in the presence of some white person.” Moreover, the state’s various militias had the “power to search and examine all negro-houses for offensive weapons and ammunition.” In Delaware, there could be no valid earthly reason that any “bought Servant, or Negro, or Mulatto slave … be allowed to bear Arms.” Georgia was even more direct. Not only were Blacks forbidden from owning or carrying firearms, but white men were required to own “a good gun or pistol” to give them the means to “search and examine all negro houses for offensive weapons and ammunition.” The distinction was clear: “Citizen( s) had the right to keep arms; the slave did not.” 20

Certainly, the Negro has been deprived. Few people consider the fact that, in addition to being enslaved for two centuries, the Negro was, during all those years, robbed of the wages of his toil. No amount of gold could provide an adequate compensation for the exploitation and humiliation of the Negro in America down through the centuries. Not all the wealth of this affluent society could meet the bill. Yet a price can be placed on unpaid wages. The ancient common law has always provided a remedy for the appropriation of the labor of one human being by another. This law should be made to apply for American Negroes. The payment should be in the form of a massive program by the government of special, compensatory measures which could be regarded as a settlement in accordance with the accepted practice of common law. Such measures would certainly be less expensive than any computation based on two centuries of unpaid wages and accumulated interest.

Through demonstrations, Negroes learn that unity and militance have more force than bullets. They find that the bruises of clubs, electric cattle prods, and fists hurt less than the scars of submission. And segregationists learn from demonstrations that Negroes who have been taught to fear can also be taught to be fearless. Finally, the millions of Americans on the sidelines learn that inhumanity wears an official badge and wields the power of law in large areas of the democratic nation of their pride.

First, I must confess that over the past few years I have been gravely disappointed with the white moderate. I have almost reached the regrettable conclusion that the Negro's great stumbling block in his stride toward freedom is not the White Citizens' Councilor or the Ku Klux Klanner, but the white moderate, who is more devoted to "order" than to justice; who prefers a negative peace which is the absence of tension to a positive peace which is the presence of justice; who constantly says: "I agree with you in the goal you seek, but I cannot agree with your methods of direct action"; who paternalistically believes he can set the timetable for another man's freedom; who lives by a mythical concept of time and who constantly advises the Negro to wait for a "more convenient season." Shallow understanding from people of good will is more frustrating than absolute misunderstanding from people of ill will. Lukewarm acceptance is much more bewildering than outright rejection. I had hoped that the white moderate would understand that law and order exist for the purpose of establishing justice and that when they fail in this purpose they become the dangerously structured dams that block the flow of social progress. I had hoped that the white moderate would understand that the present tension in the South is a necessary phase of the transition from an obnoxious negative peace, in which the Negro passively accepted his unjust plight, to a substantive and positive peace, in which all men will respect the dignity and worth of human personality. Actually, we who engage in nonviolent direct action are not the creators of tension. We merely bring to the surface the hidden tension that is already alive. We bring it out in the open, where it can be seen and dealt with. Like a boil that can never be cured so long as it is covered up but must be opened with all its ugliness to the natural medicines of air and light, injustice must be exposed, with all the tension its exposure creates, to the light of human conscience and the air of national opinion before it can be cured.

century America was a country, wrote Fritsch, that had finally learned the error of its egalitarian ways: “America, soaked in ideas of freedom and equality, has hitherto accorded equal rights to all races. But it finds itself compelled to revise its attitudes and its laws and create restrictions on Negroes and Chinese.”82 To Fritsch, the history of American immigration law offered a parable on the dangers of ignoring race in favor of a foolish egalitarianism. As we shall see shortly, Hitler and other Nazis would often repeat Fritsch’s interpretive line.

Sssh,’ she said, waving her hand. I had to get the news from the TV man. ‘Today, July second, 1964,’ he said, ‘the president of the United States signed the Civil Rights Act into law in the East Room of the White House…’ I looked over at Rosaleen, who sat there shaking her head, mumbling, ‘Lord have mercy,’ just looking so disbelieving and happy, like people on television when they have answered the $64,000 Question. I didn’t know whether to be excited for her or worried. All people ever talked about after church were the Negroes and whether they’d get their civil rights.

Thus through two centuries a continuous indoctrination of Americans has separated people according to mythically superior and inferior qualities while a democratic spirit of equality was evoked as the national ideal. These concepts of racism, and this schizophrenic duality of conduct, remain deeply rooted in American thought today. This tendency of the nation to take one step forward on the question of racial justice and then to take a step backward is still the pattern. Just as an ambivalent nation freed the slaves a century ago with no plan or program to make their freedom meaningful, the still ambivalent nation in 1954 declared school segregation unconstitutional with no plan or program to make integration real. Just as the Congress passed a civil rights bill in 1868 and refused to enforce it, the Congress passed a civil rights bill in 1964 and to this day has failed to enforce it in all its dimensions. Just as the Fifteenth Amendment in 1870 proclaimed Negro suffrage, only to permit its de facto withdrawal in half the nation, so in 1965 the Voting Rights Law was passed and then permitted to languish with only fractional and halfhearted implementation.

The dangerously clear logic of the Negro's position will more and more loudly assert itself in that day when increasing wealth and more intricate social organization preclude the South from being, as it so largely is, simply an armed camp for intimidating black folk. Such waste of energy cannot be spared if the South is to catch up with civilization. And as the black third of the land grows in thrift and skill, unless skilfully guided in its larger philosophy, it must more and more brood over the red past and the creeping, crooked present, until it grasps a gospel of revolt and revenge and throws its new-found energies athwart the current of advance. Even to-day the masses of the Negroes see all too clearly the anomalies of their position and the moral crookedness of yours. You may marshal strong indictments against them, but their counter-cries, lacking though they be in formal logic, have burning truths within them which you may not wholly ignore, O Southern Gentlemen! If you deplore their presence here, they ask, Who brought us? When you cry, Deliver us from the vision of intermarriage, they answer that legal marriage is infinitely better than systematic concubinage and prostitution. And if in just fury you accuse their vagabonds of violating women, they also in fury quite as just may reply: The rape which your gentlemen have done against helpless black women in defiance of your own laws is written on the foreheads of two millions of mulattoes, and written in ineffaceable blood. And finally, when you fasten crime upon this race as its peculiar trait, they answer that slavery was the arch-crime, and lynching and lawlessness its twin abortions; that color and race are not crimes, and yet it is they which in this land receive most unceasing condemnation, North, East, South, and West.

America is a war and you are on the other side. How's a black man ever going to get a fair trial with the enemy on the bench and in the jury box?. My life in white hands? You Jake, that's how. You are my secret weapon because you are one of the bad guys. You don't mean to be but you are. It's how you was raised. Nigger, negro, black, African-american, no matter how you see me, you see me different, you see me like that jury sees me, you are them. Now throw out your points of law Jake. If you was on that jury, what would it take to convince you to set me free? That's how you save my ass. That's how you save us both.

The White Liners didn’t bother with any such pretense of civility or restraint. On October 7, John Milton Brown, the sheriff of Coahoma County, reported a “perfect state of terror” had seized his jurisdiction. “I have been driven from my county by an armed force. I am utterly powerless to enforce law or to restore order.” Disheartened by Grant’s refusal to rush troops to Mississippi, Ames sat brooding and besieged in the governor’s mansion in Jackson. He concluded that Reconstruction was a dead letter, white supremacists in his state having engineered a coup d’état. “Yes, a revolution has taken place—by force of arms—and a race are disfranchised—they are to be returned to a condition of serfdom—an era of second slavery,” he lamented to his wife. Sarcastically referring to Grant’s and Pierrepont’s words, he wrote, “The political death of the Negro will forever release the nation . . . from such ‘political outbreaks.’ You may think I exaggerate. Time will show you how accurate my statements are.” To head off threatened impeachment, he decided to resign after the election. His darkly prophetic letter previewed the nearly century-long Jim Crow system that would cast blacks back into a state of involuntary servitude to southern whites.

Let us have peace." But there was the black man looming like a dark ghost on the horizon. He was the child of force and greed, and the father of wealth and war. His labor was indispensable, and the loss of it would have cost many times the cost of the war. If the Negro has been silent, his very presence would have announced his plight. He was not silence. He was in usual evidence. He was writing petitions, making speeches, parading with returned soldiers, reciting his adventures as slave and freeman. Even dumb and still, he must be noticed. His poverty has to be relieved, and emancipation in his case had to mean poverty. If he had to work, he had to have land and tools. If his labor was in reality to be free labor, he had to have legal freedom and civil rights. His ignorance could only be removed by that very education which the law of the South had long denied him and the custom of the North had made exceedingly difficult. Thus civil status and legal freedom, food, clothes and tools, access to land and help to education, were the minimum demands of four million laborers, and these demands no man could ignore, Northerner or Southerner, Abolitionist or Copperhead, laborer or captain of industry. How did the nation face this paradox and dilemma?

On the labour front in 1919 there was an unprecedented number of strikes involving many millions of workers. One of the lager strikes was mounted by the AF of L against the United States Steel Corporation. At that time workers in the steel industry put in an average sixty-eight-hour week for bare subsistence wages. The strike spread to other plants, resulting in considerable violence -- the death of eighteen striking workers, the calling out of troops to disperse picket lines, and so forth. By branding the strikers Bolsheviks and thereby separating them from their public support, the Corporation broke the strike. In Boston, the Police Department went on strike and governor Calvin Coolidge replaced them. In Seattle there was a general strike which precipitated a nationwide 'red scare'. this was the first red scare. Sixteen bombs were found in the New York Post Office just before May Day. The bombs were addressed to men prominent in American life, including John D. Rockefeller and Attorney General Mitchell Palmer. It is not clear today who was responsible for those bombs -- Red terrorists, Black anarchists, or their enemies -- but the effect was the same. Other bombs pooped off all spring, damaging property, killing and maiming innocent people, and the nation responded with an alarm against Reds. It was feared that at in Russia, they were about to take over the country and shove large cocks into everyone's mother. Strike that. The Press exacerbated public feeling. May Day parades in the big cities were attacked by policemen, and soldiers and sailors. The American Legion, just founded, raided IWW headquarters in the State of Washington. Laws against seditious speech were passed in State Legislatures across the country and thousands of people were jailed, including a Socialist Congressman from Milwaukee who was sentenced to twenty years in prison. To say nothing of the Espionage and Sedition Acts of 1917 which took care of thousands more. To say nothing of Eugene V. Debs. On the evening of 2 January 1920, Attorney General Palmer, who had his eye on the White House, organized a Federal raid on Communist Party offices throughout the nation. With his right-hand assistant, J. Edgar Hoover, at his right hand, Palmer effected the arrest of over six thousand people, some Communist aliens, some just aliens, some just Communists, and some neither Communists nor aliens but persons visiting those who had been arrested. Property was confiscated, people chained together, handcuffed, and paraded through the streets (in Boston), or kept in corridors of Federal buildings for eight days without food or proper sanitation (in Detroit). Many historians have noted this phenomenon. The raids made an undoubted contribution to the wave of vigilantism winch broke over the country. The Ku Klux Klan blossomed throughout the South and West. There were night raidings, floggings, public hangings, and burnings. Over seventy Negroes were lynched in 1919, not a few of them war veterans. There were speeches against 'foreign ideologies' and much talk about 'one hundred per cent Americanism'. The teaching of evolution in the schools of Tennessee was outlawed. Elsewhere textbooks were repudiated that were not sufficiently patriotic. New immigration laws made racial distinctions and set stringent quotas. Jews were charged with international conspiracy and Catholics with trying to bring the Pope to America. The country would soon go dry, thus creating large-scale, organized crime in the US. The White Sox threw the Series to the Cincinnati Reds. And the stage was set for the trial of two Italian-born anarchists, N. Sacco and B. Vanzetti, for the alleged murder of a paymaster in South Braintree, Mass. The story of the trial is well known and often noted by historians and need not be recounted here. To nothing of World War II--

What made Bacon’s Rebellion especially fearsome for the rulers of Virginia was that black slaves and white servants joined forces. The final surrender was by “four hundred English and Negroes in Armes” at one garrison, and three hundred “freemen and African and English bondservants” in another garrison. The naval commander who subdued the four hundred wrote: “Most of them I persuaded to go to their Homes, which accordingly they did, except about eighty Negroes and twenty English which would not deliver their Armes.” All through those early years, black and white slaves and servants ran away together, as shown both by the laws passed to stop this and the records of the courts. In 1698, South Carolina passed a “deficiency law” requiring plantation owners to have at least one white servant for every six male adult Negroes. A letter from the southern colonies in 1682 complained of “no white men to superintend our negroes, or repress an insurrection of negroes. . . .” In 1691, the House of Commons received “a petition of divers merchants, masters of ships, planters and others, trading to foreign plantations . . . setting forth, that the plantations cannot be maintained without a considerable number of white servants, as well to keep the blacks in subjection, as to bear arms in case of invasion.

We can make stricter laws, Harriet, but people will just figure out a way around them if their hearts are hardened. The Emancipation Proclamation freed the slaves, but it couldn’t make people accept the negros. They’re still hated and treated unfairly and given only the poorest paying jobs. When the suffrage amendment passes and women are allowed to vote, there will still be many more battles to win. Men who are biased against women are not going to treat us equally overnight. No, there aren’t enough laws in the world to change human nature. We’ve had the Ten Commandments since Moses’ time and people still murder and steal every day. Only God can change people.

The crystallized opposition of the segregationists was not unexpected; but we had only dimly foreseen the resistance that came from another quarter. Victor Hugo has spoken of the "madmen of moderation" who are "un-paving hell." The descendants of Hugo's moderates appeared in the fall of 1963, bearing banners inscribed with the message: Order Before Justice. For the most part, these moderates counted themselves as friends of the civil-rights movement; certainly they were in no sense moral bedfellows of the forces of segregation and violence. But they were now wrestling with a logic that an earlier, more passive, movement had never forced them to question. They had long settled on a simple compromise, one easy to accept and to live with. They could countenance token changes, and they had always believed these would make the Negro content. They were not asking him to stay in his old ghetto. They were ready to build a brand-new ghetto for him with a small exit door for a few. But the breath of the new movement chilled them. The Negro was insisting upon the mass application of equality to jobs, housing, education and social mobility. He sought a full life for a whole people. These moderates had come some distance in step with the thundering drums, but at the point of mass application they wanted the bugle to sound a retreat.

known psychotic who nevertheless was allowed to move freely, an assassinated leading Negro national politician, endless other assassination attempts, unsuccessful, partly successful, and successful; d) So many casual killings in public streets and public parks and public transports that most lawful citizens avoided going out after dark, especially the elderly; e) Public school teachers and state university professors who taught that patriotism was an obsolete concept, that marriage was an obsolete concept, that sin was an obsolete concept, that politeness was an obsolete concept—that the United States itself was an obsolete concept; f) School teachers who could not speak or write grammatically, could not spell, could not cipher; g) The nation’s leading farm state had as its biggest cash crop: an outlawed plant that was the source of the major outlaw drug; h) Cocaine and heroin called “recreational drugs,” felony theft called “joyriding,” vandalism by gangs called “trashing,” burglary called “ripping off,” felonious assault by gangs called “muggings,” and the reaction to all of these crimes was “boys will be boys,” so scold them and put them on probation but don’t ruin their lives by treating them as criminals; i) Millions of women who found it more rewarding to have babies out of wedlock than it would be to get married or to go to work.

In spite of the Puritan-Yankee equation of virtue with well-being, Negroes had excellent reasons for doubting that money was made or kept by any very striking adherence to the Christian virtues; it certainly did not work that way for black Christians. In any case, white people, who had robbed black people of their liberty and who profited by this theft every hour that they lived, had no moral ground on which to stand. They had the judges, the juries, the shotguns, the law—in a word, power. But it was a criminal power, to be feared but not respected, and to be outwitted in any way whatever. And those virtues preached but not practiced by the white world were merely another means of holding Negroes in subjection.

Jim Crow was not merely about the physical separation of blacks and whites. Nor was segregation strictly about laws, despite historians' tendency to fix upon legal landmarks as Plessy v. Ferguson (1896), Brown v. Board of Education (1954), and the Civil Rights Act of 1964. In order to maintain dominance, whites needed more than the statutes and signs that specified "whites" and "blacks" only; they had to assert and reiterate black inferiority with every word and gesture, in every aspect of both public and private life. Noted theologian Howard Thurman dissected the "anatomy" of segregation with chilling precision in his classic 1965 book, The Luminous Darkness. A white supremacist society must not only "array all the forces of legislation and law enforcement, " he wrote; "it must falsify the facts of history, tamper with the insights of religion and religious doctrine, editorialize and slant news and the printed word. On top of that it must keep separate schools, separate churches, separate graveyards, and separate public accommodations-all this in order to freeze the place of the Negro in society and guarantee his basic immobility." Yet this was "but a partial indication of the high estimate" that the white South placed upon African Americans. "Once again, to state it categorically, " Thurman concludes, "the measure of a man's estimate of your strength is the kind of weapons he feels he must use in order to hold you fast in a prescribed place.

On the train I had a lot of time to think. I thought how in the thirty years of my life I had seldom gotten on a train in America without being conscious of my color. In the South, there are Jim Crow cars and Negroes must ride separate from the whites, usually in a filthy antiquated coach next to the engine, getting all the smoke and bumps and dirt. In the South, we cannot buy sleeping car tickets. Such comforts are only for white folks. And in the North where segregated travel is not the law, colored people have, nevertheless, many difficulties. In auto buses they must take the seats in the rear, over the wheels. On the boats they must occupy the worst cabins. The ticket agents always say that all other accommodations are sold. On trains, if one sits down by a white person, the white person will sometimes get up, flinging back an insult at the Negro who has dared to take a seat beside him. Thus it is that in America, if you are yellow, brown, or black, you can never travel anywhere without being reminded of your color, and oft-times suffering great inconveniences. I sat in the comfortable sleeping car on my first day out of Moscow and remembered many things about trips I had taken in America. I remembered how, once as a youngster going alone to see my father who was working in Mexico, I went into the dining car of the train to eat. I sat down at a table with a white man. The man looked at me and said, "You're a nigger, ain't you?" and left the table. It was beneath his dignity to eat with a Negro child. At St. Louis I went onto the station platform to buy a glass of milk. The clerk behind the counter said, “We don't serve niggers," and refused to sell me anything. As I grew older I learned to expect this often when traveling. So when I went South to lecture on my poetry at Negro universities, I carried my own food because I knew I could not go into the dining cars. Once from Washington to New Orleans, I lived all the way on the train on cold food. I remembered this miserable trip as I sat eating a hot dinner on the diner of the Moscow-Tashkent express. Traveling South from New York, at Washington, the capital of our country, the official Jim Crow begins. There the conductor comes through the train and, if you are a Negro, touches you on the shoulder and says, "The last coach forward is the car for colored people." Then you must move your baggage and yourself up near the engine, because when the train crosses the Potomac River into Virginia, and the dome of the Capitol disappears, it is illegal any longer for white people and colored people to ride together. (Or to eat together, or sleep together, or in some places even to work together.) Now I am riding South from Moscow and am not Jim-Crowed, and none of the darker people on the train with me are Jim-Crowed, so I make a happy mental note in the back of my mind to write home to the Negro papers: "There is no Jim Crow on the trains of the Soviet Union.

There is nothing wrong with a traffic law which says you have to stop for a red light. But when a fire is raging, the fire truck goes right through that red light, and normal traffic had better get out of its way. Or, when a man is bleeding to death, the ambulance goes through those red lights at top speed. There is a fire raging now for the Negroes and the poor of this society. They are living in tragic conditions because of the terrible economic injustices that keep them locked in as an "under-class," as the sociologists are now calling it. Disinherited people all over the world are bleeding to death from deep social and economic wounds. They need brigades of ambulance drivers who will have to ignore the red lights of the present system until the emergency is solved.

Jean Louise interrupted. “Hester, let me ask you something. I’ve been home since Saturday now, and since Saturday I’ve heard a great deal of talk about mongrelizin’ the race, and it’s led me to wonder if that’s not rather an unfortunate phrase, and if probably it should be discarded from Southern jargon these days. It takes two races to mongrelize a race—if that’s the right word—and when we white people holler about mongrelizin’, isn’t that something of a reflection on ourselves as a race? The message I get from it is that if it were lawful, there’d be a wholesale rush to marry Negroes. If I were a scholar, which I ain’t, I would say that kind of talk has a deep psychological significance that’s not particularly flattering to the one who talks it. At its best, it denotes an alarmin’ mistrust of one’s own race.

In order to understand what this lady was saying about her upstairs neighbors,” I went on, because no one else was saying anything, “you have to turn the situation around. If the two sweet homosexuals hadn’t fed the cats at all but instead had pelted them with stones or tossed poisoned pork chops down to them from their balcony, then they would have been just plain dirty faggots. I think that’s what Claire meant about Guess Who’s Coming to Dinner? That the friendly Sidney Poitier was a sweet boy too. That the person who made that movie was absolutely no better than the lady in that program. In fact, Sidney Poitier was supposed to serve as a role model. An example for all those other nasty Negroes, the uppity Negroes. The dangerous Negroes, the muggers and the rapists and the crack dealers. When you people put on a good-looking suit like Sidney’s and start behaving like the perfect son-in-law, we white folks will be your friends.

The Negro had never really been patient in the pure sense of the word. The posture of silent waiting was forced upon him psychologically because he was shackled physically. In the days of slavery, this suppression was openly, scientifically and consistently applied. Sheer physical force kept the Negro captive at every point. He was prevented from learning to read and write, prevented by laws actually inscribed in the statute books. He was forbidden to associate with other Negroes living on the same plantation, except when weddings or funerals took place. Punishment for any form of resistance or complaint about his condition could range from mutilation to death. Families were torn apart, friends separated, cooperation to improve their condition carefully thwarted. Fathers and mothers were sold from their children and children were bargained away from their parents. Young girls were, in many cases, sold to become the breeders of fresh generations of slaves. The slaveholders of America had devised with almost scientific precision their systems for keeping the Negro defenseless, emotionally and physically. With the ending of physical slavery after the Civil War, new devices were found to "keep the Negro in his place." It would take volumes to describe these methods, extending from birth in jim-crow hospitals through burial in jim-crow sections of cemeteries. They are too well known to require a catalogue here. Yet one of the revelations during the past few years is the fact that the straitjackets of race prejudice and discrimination do not wear only southern labels. The subtle, psychological technique of the North has approached in its ugliness and victimization of the Negro the outright terror and open brutality of the South. The result has been a demeanor that passed for patience in the eyes of the white man, but covered a powerful impatience in the heart of the Negro.

Díjele que entre nosotros existía una sociedad de hombres educados desde su juventud en el arte de probar con palabras multiplicadas al efecto que lo blanco es negro y lo negro es blanco, según para lo que se les paga. El resto de las gentes son esclavas de esta sociedad. Por ejemplo: si mi vecino quiere mi vaca, asalaria un abogado que pruebe que debe quitarme la vaca. Entonces yo tengo que asalariar otro para que defienda mi derecho, pues va contra todas las reglas de la ley que se permita a nadie hablar por si mismo. Ahora bien; en este caso, yo, que soy el propietario legítimo, tengo dos desventajas. La primera es que, como mi abogado se ha ejercitado casi desde su cuna en defender la falsedad, cuando quiere abogar por la justicia -oficio que no le es natural- lo hace siempre con gran torpeza, si no con mala fe. La segunda desventaja es que mi abogado debe proceder con gran precaución, pues de otro modo le reprenderán los jueces y le aborrecerán sus colegas, como a quien degrada el ejercicio de la ley. No tengo, pues, sino dos medios para defender mi vaca. El primero es ganarme al abogado de mi adversario con un estipendio doble, que le haga traicionar a su cliente insinuando que la justicia está de su parte. El segundo procedimiento es que mi abogado dé a mi causa tanta apariencia de injusticia como le sea posible, reconociendo que la vaca pertenece a mi adversario; y esto, si se hace diestramente, conquistará sin duda, el favor del tribunal. Ahora debe saber su señoría que estos jueces son las personas designadas para decidir en todos los litigios sobre propiedad, así como para entender en todas las acusaciones contra criminales, y que se los saca de entre los abogados más hábiles cuando se han hecho viejos o perezosos; y como durante toda su vida se han inclinado en contra de la verdad y de la equidad, es para ellos tan necesario favorecer el fraude, el perjurio y la vejación, que yo he sabido de varios que prefirieron rechazar un pingüe soborno de la parte a que asistía la justicia a injuriar a la Facultad haciendo cosa impropia de la naturaleza de su oficio. Es máxima entre estos abogados que cualquier cosa que se haya hecho ya antes puede volver a hacerse legalmente, y, por lo tanto, tienen cuidado especial en guardar memoria de todas las determinaciones anteriormente tomadas contra la justicia común y contra la razón corriente de la Humanidad. Las exhiben, bajo el nombre de precedentes, como autoridades para justificar las opiniones más inicuas, y los jueces no dejan nunca de fallar de conformidad con ellas. Cuando defienden una causa evitan diligentemente todo lo que sea entrar en los fundamentos de ella; pero se detienen, alborotadores, violentos y fatigosos, sobre todas las circunstancias que no hacen al caso. En el antes mencionado, por ejemplo, no procurarán nunca averiguar qué derechos o títulos tiene mi adversario sobre mi vaca; pero discutirán si dicha vaca es colorada o negra, si tiene los cuernos largos o cortos, si el campo donde la llevo a pastar es redondo o cuadrado, si se la ordeña dentro o fuera de casa, a qué enfermedades está sujeta y otros puntos análogos. Después de lo cual consultarán precedentes, aplazarán la causa una vez y otra, y a los diez, o los veinte, o los treinta años, se llegará a la conclusión. Asimismo debe consignarse que esta sociedad tiene una jerigonza y jerga particular para su uso, que ninguno de los demás mortales puede entender, y en la cual están escritas todas las leyes, que los abogados se cuidan muy especialmente de multiplicar. Con lo que han conseguido confundir totalmente la esencia misma de la verdad y la mentira, la razón y la sinrazón, de tal modo que se tardará treinta años en decidir si el campo que me han dejado mis antecesores de seis generaciones me pertenece a mí o pertenece a un extraño que está a trescientas millas de distancia.

Emmett White became a firm, even unyielding, sheriff. Still, he showed remarkable consideration toward the people in his custody and insisted on making arrests without brandishing his six-shooter. He did not philosophize about the law or his responsibilities, but Tom noticed that he always maintained the same manner, no matter whether the prisoners were black or white or Mexican. At the time, extrajudicial lynchings, particularly of blacks in the South, were one of the most egregious failures of the American legal system. Whenever Emmett heard that locals were planning to throw a “necktie party,” he would rush out to try to stop it. “If a mob attempts to take the negro” from the sheriff, a reporter noted in one case, “there will be trouble.” Emmett refused to put young, nonviolent prisoners in the jail alongside older, more dangerous convicts, and because there was no other place for them, he let them stay in his own house, living with his children. One girl remained with them for weeks on end. Tom never knew why she was in jail, and his father never discussed it.

Among the Founders, Thomas Jefferson wrote about race at greatest length. He thought blacks were mentally inferior to whites and biologically distinct: “[They] secrete less by the kidnies [sic], and more by the glands of the skin, which gives them a strong and disagreeable odor.” He hoped slavery would be abolished, but he did not want free blacks to remain in America: “When freed, [the Negro] is to be removed from beyond the reach of mixture.” Jefferson was one of the first and most influential advocates of “colonization,” or returning blacks to Africa. He also believed in the destiny of whites as a racially distinct people. In 1786 he wrote, “Our Confederacy [the United States] must be viewed as the nest from which all America, North and South, is to be peopled.” In 1801 he looked forward to the day “when our rapid multiplication will expand itself . . . over the whole northern, if not the southern continent, with a people speaking the same language, governed in similar forms, and by similar laws; nor can we contemplate with satisfaction either blot or mixture on that surface.

At the diner where we went for our snack, there was yet another curious thing that made me think. White people like us would come in and take seats at the counter, but black people would place an order and then stand against the wall. When their food was ready, it would be handed to them in a paper bag and they would take it home or out to their car. My father explained to us that Negroes weren’t allowed to sit at luncheon counters in Washington. It wasn’t against the law exactly, but they didn’t do it because Washington was enough of a Southern city that they just didn’t dare. That seemed strange too and it made me even more reflective. Afterwards, lying awake in the hot hotel room, listening to the restless city, I tried to understand the adult world and could not. I had always thought that once you grew up you could do anything you wanted—stay up all night or eat ice cream straight out of the container. But now, on this one important evening of my life, I had discovered that if you didn’t measure up in some critical way, people might shoot you in the head or make you take your food out to the car. I sat up on one elbow and asked my dad if there were places where Negroes ran lunch counters and made white people stand against the wall. My dad regarded me over the top of a book and said he didn’t think so. I asked him what would happen if a Negro tried to sit at a luncheon counter, even though he wasn’t supposed to. What would they do to him? My dad said he didn’t know and told me I should go to sleep and not worry about such things. I lay down and thought about it for a while and supposed that they would shoot him in the head. Then I rolled over and tried to sleep, but I couldn’t, partly because it was so hot and I was confused and partly because earlier in the evening my brother had told me that he was going to come over to my bed when I was asleep and wipe boogers on my face because I hadn’t given him a bite of my frosted malt at the ball game, and I was frankly unsettled by this prospect, even though he seemed to be sleeping soundly now. The world has changed a lot since those days, of course. Now if you lie awake in a hotel room at night, you don’t hear the city anymore.

The assassination of President Kennedy killed not only a man but a complex of illusions. It demolished the myth that hate and violence can be confined in an airtight chamber to be employed against but a few. Suddenly the truth was revealed that hate is a contagion; that it grows and spreads as a disease; that no society is so healthy that it can automatically maintain its immunity. If a smallpox epidemic had been raging in the South, President Kennedy would have been urged to avoid the area. There was a plague afflicting the South, but its perils were not perceived. Negroes tragically know political assassination well. In the life of Negro civil-rights leaders, the whine of the bullet from ambush, the roar of the bomb have all too often broken the night's silence. They have replaced lynching as a political weapon. More than a decade ago, sudden death came to Mr. and Mrs. Harry T. Moore, N.A.A.C.P. leaders in Florida. The Reverend George Lee of Belzoni, Mississippi, was shot to death on the steps of a rural courthouse. The bombings multiplied. Nineteen sixty-three was a year of assassinations. Medgar Evers in Jackson, Mississippi; William Moore in Alabama; six Negro children in Birmingham—and who could doubt that these too were political assassinations? The unforgivable default of our society has been its failure to apprehend the assassins. It is a harsh judgment, but undeniably true, that the cause of the indifference was the identity of the victims. Nearly all were Negroes. And so the plague spread until it claimed the most eminent American, a warmly loved and respected president. The words of Jesus "Inasmuch as ye have done it unto one of the least of these my brethren, ye have done it unto me" were more than a figurative expression; they were a literal prophecy. We were all involved in the death of John Kennedy. We tolerated hate; we tolerated the sick stimulation of violence in all walks of life; and we tolerated the differential application of law, which said that a man’s life was sacred only if we agreed with his views. This may explain the cascading grief that flooded the country in late November. We mourned a man who had become the pride of the nation, but we grieved as well for ourselves because we knew we were sick.

Yet there remains a great deal of desirable land to be settled, further inland toward the mountains. It is somewhat remote, and yet, as you say, for men accustomed to the far reaches of the Scottish Highlands—” “I did hear mention of such grants, sir,” Jamie interrupted. “Yet is not the wording that persons holding such grants shall be white males, Protestant, and above thirty years of age? And this statement holds the force of law?” “That is the official wording of the Act, yes.” Mr. Tryon turned so that I saw him now in profile, tapping the ash from his cigar into a small porcelain bowl. The corner of his mouth was turned up in anticipation; the face of a fisherman who feels the first twitch on his line. “The offer is one of considerable interest,” Jamie said formally. “I must point out, however, that I am not a Protestant, nor are most of my kinsmen.” The Governor pursed his lips in deprecation, lifting one brow. “You are neither a Jew nor a Negro. I may speak as one gentleman to another, may I not? In all frankness, Mr. Fraser, there is the law, and then there is what is done.” He raised his glass with a small smile, setting the hook. “And I am convinced that you understand that as well as I do.

The first drug laws, the anti-opium laws of the 1870s, were directed at Chinese immigrants, never mind that the country was full of white middle-class laudanum addicts, tippling from their dropper bottles all day long. Early in the next century, support for the laws criminalizing cocaine was ginned up by claims that “drug-crazed Negroes” were destroying white society and murdering white women. Southern senators, unperturbed by their wives’ opioid addictions, believed that cocaine made black men superhuman, even that it made them immune to bullets. When the first drug czar, a man named Harry Anslinger, wanted to criminalize marijuana, he appealed to people’s biases against immigrants from Mexico, claiming that the drug made Mexicans sexually violent. William Randolph Hearst jumped on this bandwagon, warning again and again in the pages of his newspapers about the dangers of the Mexican “Marihuana-Crazed Madman.” This demonization continues today.*1 White people are five times as likely to use drugs as African Americans, yet African Americans are incarcerated for drug offenses at ten times the rate of whites.*2 The racism of the drug war has been the single most important driving factor in the ever-escalating incarceration of people of color in the United States.

Why is equality so assiduously avoided? Why does white America delude itself, and how does it rationalize the evil it retains? The majority of white Americans consider themselves sincerely committed to justice for the Negro. They believe that American society is essentially hospitable to fair play and to steady growth toward a middle-class Utopia embodying racial harmony. But unfortunately this is a fantasy of self-deception and comfortable vanity. Overwhelmingly America is still struggling with irresolution and contradictions. It has been sincere and even ardent in welcoming some change. But too quickly apathy and disinterest rise to the surface when the next logical steps are to be taken. Laws are passed in a crisis mood after a Birmingham or a Selma, but no substantial fervor survives the formal signing of legislation. The recording of the law in itself is treated as the reality of the reform. This limited degree of concern is a reflection of an inner conflict which measures cautiously the impact of any change on the status quo. As the nation passes from opposing extremist behavior to the deeper and more pervasive elements of equality, white America reaffirms its bonds to the status quo. It had contemplated comfortably hugging the shoreline but now fears that the winds of change are blowing it out to sea.

Urban riots must now be recognized as durable social phenomena. They may be deplored, but they are there and should be understood. Urban riots are a special form of violence. They are not insurrections. The rioters are not seeking to seize territory or to attain control of institutions. They are mainly intended to shock the white community. They are a distorted form of social protest. The looting which is their principal feature serves many functions. It enables the most enraged and deprived Negro to take hold of consumer goods with the ease the white man does by using his purse. Often the Negro does not even want what he takes; he wants the experience of taking. But most of all, alienated from society and knowing that this society cherishes property above people, he is shocking it by abusing property rights. There are thus elements of emotional catharsis in the violent act. This may explain why most cities in which riots have occurred have not had a repetition, even though the causative conditions remain. It is also noteworthy that the amount of physical harm done to white people other than police is infinitesimal and in Detroit whites and Negroes looted in unity. A profound judgment of today’s riots was expressed by Victor Hugo a century ago. He said, ‘If a soul is left in the darkness, sins will be committed. The guilty one is not he who commits the sin, but he who causes the darkness.’ The policymakers of the white society have caused the darkness; they create discrimination; they structured slums; and they perpetuate unemployment, ignorance and poverty. It is incontestable and deplorable that Negroes have committed crimes; but they are derivative crimes. They are born of the greater crimes of the white society. When we ask Negroes to abide by the law, let us also demand that the white man abide by law in the ghettos. Day-in and day-out he violates welfare laws to deprive the poor of their meager allotments; he flagrantly violates building codes and regulations; his police make a mockery of law; and he violates laws on equal employment and education and the provisions for civic services. The slums are the handiwork of a vicious system of the white society; Negroes live in them but do not make them any more than a prisoner makes a prison. Let us say boldly that if the violations of law by the white man in the slums over the years were calculated and compared with the law-breaking of a few days of riots, the hardened criminal would be the white man. These are often difficult things to say but I have come to see more and more that it is necessary to utter the truth in order to deal with the great problems that we face in our society.

I definitely do not like the Law," said Simple, using the word with a capital letter to mean police and courts combined. "Why?" I asked. "Because the Law beats my head. Also because the Law will give a white man One Year and give me Ten." "But if it wasn't for the Law," I said, "you would not have any protection." "Protection?" yelled Simple. "The Law always protects a white man. But if I holler for the Law, the Law says, 'What do you want, Negro?' Only most white polices do not say 'Negro.' " "Oh, I see. You are talking about the police, not the Law in general." "Yes, I am talking about the polices." "You have a bad opinion of the Law," I said. "The Law has a bad opinion of me," said Simple. "The Law thinks all Negroes are in the criminal class. The Law'll stop me on the streets and shake me down—me, a workingman—as quick as they will any old weed-headed hustler or two-bit rounder. I do not like polices." "You must be talking about the way-down-home-in-Dixie Law," I said, "not up North." "I am talking about the Law all over America," said Simple, "North or South. Insofar as I am concerned, a police is no good. It was the Law that started the Harlem riots by shooting that soldier-boy. Take a cracker down South or an ofay up North—as soon as he puts on a badge he wants to try out his billy club on some Negro's head. I tell you police are no good! If they was, they wouldn't be polices.

Equal protection under the law is not a hard principle to convince Americans of. The difficulty comes in persuading them that it has been violated in particular cases, and of the need to redress the wrong. Prejudice and indifference run deep. Education, social reform, and political action can persuade some. But most people will not feel the sufferings of others unless they feel, even in an abstract way, that 'it could have been me or someone close to me'. Consider the astonishingly rapid transformation of American attitudes toward homosexuality and even gay marriage over the past decades. Gay activism brought these issues to public attention but attitudes were changed during tearful conversations over dinner tables across American when children came out to their parents (and, sometimes, parents came out to their children). Once parents began to accept their children, extended families did too, and today same-sex marriages are celebrated across the country with all the pomp and joy and absurd overspending of traditional American marriages. Race is a wholly different matter. Given the segregation in American society white families have little chance of seeing and therefore understanding the lives of black Americans. I am not black male motorist and never will be. All the more reason, then, that I need some way to identify with one if I am going to be affected by his experience. And citizenship is the only thing I know we share. The more differences between us are emphasized, the less likely I will be to feel outrage at his mistreatment. Black Lives Matter is a textbook example of how not to build solidarity. There is no denying that by publicizing and protesting police mistreatment of African-Americans the movement mobilized supporters and delivered a wake-up call to every American with a conscience. But there is also no denying that the movement's decision to use this mistreatment to build a general indictment of American society, and its law enforcement institutions, and to use Mau-Mau tactics to put down dissent and demand a confession of sins and public penitence (most spectacularly in a public confrontation with Hillary Clinton, of all people), played into the hands of the Republican right. As soon as you cast an issue exclusively in terms of identity you invite your adversary to do the same. Those who play one race card should be prepared to be trumped by another, as we saw subtly and not so subtly in the 2016 presidential election. And it just gives that adversary an additional excuse to be indifferent to you. There is a reason why the leaders of the civil rights movement did not talk about identity the way black activists do today, and it was not cowardice or a failure to be "woke". The movement shamed America into action by consciously appealing to what we share, so that it became harder for white Americans to keep two sets of books, psychologically speaking: one for "Americans" and one for "Negroes". That those leaders did not achieve complete success does not mean that they failed, nor does it prove that a different approach is now necessary. No other approach is likely to succeed. Certainly not one that demands that white Americans agree in every case on what constitutes discrimination or racism today. In democratic politics it is suicidal to set the bar for agreement higher than necessary for winning adherents and elections.

According to Bartholomew, an important goal of St. Louis zoning was to prevent movement into 'finer residential districts . . . by colored people.' He noted that without a previous zoning law, such neighborhoods have become run-down, 'where values have depreciated, homes are either vacant or occupied by color people.' The survey Bartholomew supervised before drafting the zoning ordinance listed the race of each building's occupants. Bartholomew attempted to estimate where African Americans might encroach so the commission could respond with restrictions to control their spread. The St. Louis zoning ordinance was eventually adopted in 1919, two years after the Supreme Court's Buchanan ruling banned racial assignments; with no reference to race, the ordinance pretended to be in compliance. Guided by Bartholomew's survey, it designated land for future industrial development if it was in or adjacent to neighborhoods with substantial African American populations. Once such rules were in force, plan commission meetings were consumed with requests for variances. Race was frequently a factor. For example, on meeting in 1919 debated a proposal to reclassify a single-family property from first-residential to commercial because the area to the south had been 'invaded by negroes.' Bartholomew persuaded the commission members to deny the variance because, he said, keeping the first-residential designation would preserve homes in the area as unaffordable to African Americans and thus stop the encroachment. On other occasions, the commission changed an area's zoning from residential to industrial if African American families had begun to move into it. In 1927, violating its normal policy, the commission authorized a park and playground in an industrial, not residential, area in hopes that this would draw African American families to seek housing nearby. Similar decision making continued through the middle of the twentieth century. In a 1942 meeting, commissioners explained they were zoning an area in a commercial strip as multifamily because it could then 'develop into a favorable dwelling district for Colored people. In 1948, commissioners explained they were designating a U-shaped industrial zone to create a buffer between African Americans inside the U and whites outside. In addition to promoting segregation, zoning decisions contributed to degrading St. Louis's African American neighborhoods into slums. Not only were these neighborhoods zoned to permit industry, even polluting industry, but the plan commission permitted taverns, liquor stores, nightclubs, and houses of prostitution to open in African American neighborhoods but prohibited these as zoning violations in neighborhoods where whites lived. Residences in single-family districts could not legally be subdivided, but those in industrial districts could be, and with African Americans restricted from all but a few neighborhoods, rooming houses sprang up to accommodate the overcrowded population. Later in the twentieth century, when the Federal Housing Administration (FHA) developed the insure amortized mortgage as a way to promote homeownership nationwide, these zoning practices rendered African Americans ineligible for such mortgages because banks and the FHA considered the existence of nearby rooming houses, commercial development, or industry to create risk to the property value of single-family areas. Without such mortgages, the effective cost of African American housing was greater than that of similar housing in white neighborhoods, leaving owners with fewer resources for upkeep. African American homes were then more likely to deteriorate, reinforcing their neighborhoods' slum conditions.

Events in the African American town of Hamburg, in the Edgefield District of South Carolina, were typical of many others across the former Confederacy where white paramilitary groups mobilized to regain control of state governments. Their aim was simple: prevent African Americans from voting. In July 1876, a few months before the election that gave the presidency to Hayes, a violent rampage in Hamburg abolished the civil rights of freed slaves. Calling itself the Red Shirts, a collection of white supremacists killed six African American men and then murdered four others whom the gang had captured. Benjamin Tillman led the Red shirts; the massacre propelled him to a twenty-four-year career as the most vitriolic racist in the U.S. Senate. Following the massacre, the terror did not abate. In September, a 'rifle club' of more than 500 whites crossed the Savannah River from Georgia and camped outside Hamburg. A local judge begged the governor to protect the African American population, but to no avail. The rifle club then moved on to the nearby hamlet of Ellenton, killing as many as fifty African Americans. President Ulysses S. Grant then sent in federal troops, who temporarily calmed things down but did not eliminate the ongoing threats. Employers in the Edgefield District told African Americans they would be fired, and landowners threatened black sharecroppers with eviction if they voted to maintain a biracial state government. When the 1876 election took place, fraudulent white ballots were cast; the total vote in Edgefield substantially exceeded the entire voting age population. Results like these across the state gave segregationist Democrats the margin of victory they needed to seize control of South Carolina's government from the black-white coalition that had held office during Reconstruction. Senator Tillman later bragged that 'the leading white men of Edgefield' had decided to 'seize the first opportunity that the Negroes might offer them to provoke a riot and teach the Negroes a lesson.' Although a coroner's jury indicted Tillman and ninety-three other Red Shirts for the murders, they were never prosecuted and continued to menace African Americans. Federal troops never came to offer protection. The campaign in Edgefield was of a pattern followed not only in South Carolina but throughout the South. With African Americans disenfranchised and white supremacists in control, South Carolina instituted a system of segregation and exploitation that persisted for the next century. In 1940, the state legislature erected a statute honoring Tillman on the capitol grounds, and in 1946 Clemson, one of the state's public universities, renamed its main hall in Tillman's honor. It was in this environment that hundreds of thousands of African Americans fled the former Confederacy in the first half of the twentieth century.

There is a society. It’s made up of a few men who are willing to take some risks. They don’t initiate anything; they don’t even choose. They are as indifferent as rain. But when a Negro child, Negro woman, or Negro man is killed by whites and nothing is done about it by their law and their courts, this society selects a similar victim at random, and they execute him or her in a similar manner if they can. If the Negro was hanged, they hang; if a Negro was burnt, they burn; raped and murdered, they rape and murder. If they can. If they can’t do it precisely in the same manner, they do it any way they can, but they do it. They call themselves the Seven Days. They are made up of seven men. Always seven and only seven. If one of them dies or leaves or is no longer effective, another is chosen. Not right away, because that kind of choosing takes time. But they don’t seem to be in a hurry. Their secret is time. To take the time, to last. Not to grow; that’s dangerous because you might become known. They don’t write their names in toilet stalls or brag to women. Time and silence. Those are their weapons, and they go on forever.

However, Rice went on to say that while Jim Crow laws ought to be abolished, “many things are worse than these, and most intelligent people would prefer to have Jim Crow laws than to have unrestrained intermarriage between the races.” The problems with integration were practical, Rice believed. Negroes were “not inherently inferior”; however, Negroes were unfortunately “not morally advanced” compared to white people. For example, Rice said, “Some years ago in Atlanta, Georgia…a check proved that venereal disease was 10 times as frequent among Negroes as among white people…Now suppose that the question of whether white people and Negro people should use the same swimming pools in the parks of Atlanta comes up.

Most of the rules and customs that whites made for blacks to live by emerged from, or anyway were justified by, the whites’ ideas about blacks’ “nature.” Scrupulous financial dealings with sharecroppers were pointless, since any money the sharecroppers cleared, they would only waste. There was nothing wrong with the planters’ winking at all sorts of violations of the law by their sharecroppers, from moonshining to petty theft to polygamy to murder, because blacks had no moral life to begin with. The education of sharecroppers’ children was haphazard as a convenience to the planters, but also by design, because, in David Cohn’s words, “the Negro should be taught to work with his hands,” and real schooling “tends to unbalance him mentally.” The white ideal in the Delta was that a planter should be like a father and the sharecroppers like his children, dependent, carefree, and grateful.

As South Carolina’s black labor force grew and reduced whites to minority status, their fears rose accordingly, especially given their perception of African people. Carolina’s first comprehensive slave code, passed in 1712, confirms this. After its preamble explains why slavery was an absolute necessity, it issued a stern warning about the dangerous presence of African people. The Negroes, it said, “are of barbarous, wild, savage natures,” wholly unfit to be governed under the enlightened law of the province. Therefore special laws were required “for the good regulating and ordering of them, as may restrain the disorders, rapines and inhumanity, to which they are naturally prone and inclined; and may also tend to the safety and security of the people of this Province and their estates.” Under these circumstances and to maintain order, it was necessary for all whites to cooperate and, if necessary, use violence to enforce the law.

Rev. Frank T. Boone: "I was born in Nansemond County, Virginia. I was born free. We were members of the colonies. You know there were what is known as Free Colonies. They were Negros that had always been free. The first landing of Negroes in America, they claimed, formed a colony. The Negro men who came over, it is said, could buy their own freedom and a number of them did. But I didn't become free that way. My ancestors were a white man and an Indian woman. He was my great-grandfather. None of my family have been slaves as far back as I know. ...My grandmother on my fathers side owned slaves. The law was that colored people could own slaves but they weren't allowed to buy them. I don't know how many slaves my grandmother owned. I didn't know they were slaves until the War was over. I saw the colored people living in the little houses on the place but I did not know they was slaves. One morning grandmother went down to the quarters and when she came back she said to my aunt, 'Well, the slaves left last night.' And that was the first I knew of their being slaves.

In 1923, one state tried to do just that by enacting a law providing that “in no event shall a negro be eligible to participate in a Democratic party primary election held in the State of Texas”—though this first attempt to suppress the black vote did not end well for Texas.

That April, the Senate had adopted the Thirteenth Amendment, declaring an end to slavery, and in January 1865, the House of Representatives followed. With the Proclamation, the Union army was open to blacks. And the more blacks entered the war, the more it appeared a war for their liberation. The more whites had to sacrifice, the more resentment there was, particularly among poor whites in the North, who were drafted by a law that allowed the rich to buy their way out of the draft for $300. And so the draft riots of 1863 took place, uprisings of angry whites in northern cities, their targets not the rich, far away, but the blacks, near at hand. It was an orgy of death and violence. A black man in Detroit described what he saw: a mob, with kegs of beer on wagons, armed with clubs and bricks, marching through the city, attacking black men, women, children. He heard one man say: “If we are got to be killed up for Negroes then we will kill every one in this town.

It reminds me of how often we educated, higher-class black people change the tone in our voices, like we’re getting ready to sing an old Negro spiritual anytime we quote from “Ain’t I a Woman.” Sojourner Truth never said “Ain’t I a Woman.” She said, “I am a woman’s rights.” The phrase that elucidates how Truth saw herself—an enslaved black woman—as central to any conversation America can have about the law. She did not need to be rich or privileged to do this. She did not ask anyone if she was human enough to be of consideration. Truth’s speech, which was published in the Anti-Slavery Bugle weeks after her extemporaneous delivery, was “translated” by a white female abolitionist twelve years later to sound like minstrel black English. The transcription from the Bugle looks nothing like “Ain’t I a Woman.” Truth’s speech was originally delivered, and printed, in scholarly American English. Yet, here we are, Truth inscribed in even our memories as some white person’s version of her. I think

I feel that if white people were attacked by Negroes—if the forces of law prove unable, or inadequate, or reluctant to protect those whites from those Negroes—then those white people should protect and defend themselves from those Negroes, using arms if necessary. And I feel that when the law fails to protect Negroes from whites’ attack, then those Negroes should use arms, if necessary, to defend themselves.

Nine Southern states adopted vagrancy laws—which essentially made it a criminal offense not to work and were applied selectively to blacks—and eight of those states enacted convict laws allowing for the hiring-out of people in county prisons to plantation owners and private companies. People trapped in this system were forced to work for little or no pay. One vagrancy act specifically provided that “all free negroes and mulattoes over the age of eighteen” must have written proof of a job at the beginning of every year. Those found with no lawful employment were deemed vagrants and convicted.

Their children—not the children of wealthy whites—attended schools most likely to fall under busing orders. The affluent white liberals who were pressing the legal claims of blacks and other minorities “were often sheltered, in their private lives, and largely immune to the costs of implementing minority claims.”59 This reality made it possible for conservatives to characterize the “liberal Democratic establishment” as being out of touch with ordinary working people—thus resolving one of the central problems facing conservatives: how to persuade poor and working-class voters to join in alliance with corporate interests and the conservative elite. By 1968, 81 percent of those responding to the Gallup Poll agreed with the statement that “law and order has broken down in this country,” and the majority blamed “Negroes who start riots” and “Communists.”60

Louisiana had a law on the books as recently as 1983 setting the boundary at “one-thirty-second Negro blood.” Louisiana culture went to great specificity, not so unlike the Indian Laws of Manu, in delineating the various subcastes, based on the estimated percentage of African “blood.” There was griffe (three-fourths black), marabon (five-eighths black), mulatto (one-half), quadroon (one-fourth), octaroon (one-eighth), sextaroon (one-sixteenth), demi-meamelouc (one-thirty-second), and sangmelee (one-sixty-fourth). The latter categories, as twenty-first-century genetic testing has now shown, would encompass millions of Americans now classified as Caucasian. All of these categories bear witness to a historic American, dominant-caste preoccupation with race and caste purity.

It is obvious from a glance at the . . . transit plans that an attempt is being made to eliminate the Negro and Puerto Rican ghetto areas by . . . building highways that benefit white suburbanites, facilitating their movement from the suburbs to work and back.