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The
Jim Crow Laws were state and local laws enacted in the Southern United States and
Border states (Civil War) of the
United States and enforced between 1876 and 1965. They mandated "
separate but equal" status for black Americans. In reality, this led to treatment and accommodations that were almost always inferior to those provided to white Americans. The
Jim Crow period or the
Jim Crow era refers to the time during which this practice occurred. The most important laws required that public schools, public places and public transportation, like trains and buses, have separate facilities for whites and blacks. (These Jim Crow Laws were separate from the 1800-66
Black Codes in the USA, which had restricted the civil rights and civil liberties of African Americans.) State-sponsored school segregation was declared unconstitutional by the
Supreme Court of the United States in 1954 in
Brown v. Board of Education. Generally, the remaining Jim Crow laws were overruled by the
Civil Rights Act of 1964 and the Voting Rights Act; none were in effect at the end of the 1960s.
During the Reconstruction period of 1865-76, federal law provided civil rights protection in the South for
freedmen—the African-Americans who had formerly been slaves. Reconstruction ended at different dates (the latest 1877), and was followed in each Southern state by Redeemers governments that passed the Jim Crow laws to separate the races. In the
Progressive Era the restrictions were formalized, and segregation was extended to the federal government by President
Woodrow Wilson in 1913.
After 1945, the American Civil Rights Movement (1896-1954) gained momentum and used federal courts to attack Jim Crow. The Supreme Court declared legal, or
de jure, public school segregation unconstitutional in 1954, and it ended in practice in the 1970s. The court ruling did not stop
de facto or informal school segregation, which continued in large cities. President
Lyndon B. Johnson, building a coalition of northern Democrats and Republicans, pushed United States Congress to pass the
Civil Rights Act of 1964 which immediately annulled Jim Crow laws that segregated restaurants, hotels and theatres; these facilities (with rare exceptions) immediately dropped racial segregation. The Voting Rights Act ended discrimination in voting for all federal, state and local elections.
Origins
In the first stage of Presidential Reconstruction, all white Southern legislatures overwhelmingly dominated by ex-
Confederate States of America, abolished laws regarding slavery but passed the black codes, which gave new rights to the freedmen but fewer than whites possessed. The Northern United States reacted against those codes, which never went into effect in any state. Instead, the
Radical Republicans passed the Civil Rights Act of 1866 which gave freedmen legal rights (but not the right to vote). The country, by 1870, passed the Fourteenth Amendment to the United States Constitution and Fifteenth Amendment to the United States Constitution Amendments to the United States Constitution, guaranteeing civil rights and the right to vote. The southern states came under Republican control— a party comprising the Freedmen, white Southerners ("
Scalawags") and migrants from the North ("Carpetbaggers"). The
Ku Klux Klan and related groups reacted violently, but they were suppressed by President Ulysses S. Grant using the federal courts and troops. By 1877, the conservatives and Democrats, forming a Redeemer coalition, ousted all the Republican governments. From 1877 until the 1970s, the Southern Democrats largely controlled every Southern state.
After 1877, the Redeemers reversed many of the civil rights gains that African Americans had made during Reconstruction, passing laws that mandated discrimination by both local governments and by private citizens. Since "Jim Crow law" is a blanket term for any of this type of legislation, the date of inception for the laws varies by state. The most important laws came in the 1890s with the adoption of legislation segregating railroad cars in New Orleans as the first genuine Jim Crow law. By 1915, every Southern state had effectively destroyed the gains in civil rights and liberties that blacks had enjoyed from the Reconstructionist efforts.The term
Jim Crow comes from the
minstrel show song "Jump Jim Crow" written in
1828 and performed by
Thomas_D._Rice, a white English migrant to the U.S. and the first popularizer of blackface performance. The song and blackface itself were an immediate hit. A caricature of a shabbily dressed rural black, "Jim Crow" became a standard character in minstrel shows. He was often paired with "Zip Coon," a flamboyantly dressed urban black who associated more with
White (people) culture. By 1837,
Jim Crow was being used to refer to racial segregation in Vermont.
Many of the discriminatory Jim Crow laws were enacted to support
racial segregation in everyday life. They required black and white people to use separate water fountains, public schools, public bath houses, restaurants, public libraries, buses and rail cars—although, even without legal segregation, the desire of the white majority to use the frequently inferior facilities set aside for black use was limited.
Voting disfranchisement
Between 1890 and 1920, many state governments prevented most blacks from voting by various techniques, such as
poll taxes and
literacy tests. (These could be waived for whites by
grandfather clauses, until this was found to be unconstitutional in
1915.) It is estimated that of 181,000 African-American males of voting age in Alabama in 1900, only 3,000 were registered to vote.
Examples
The following examples of segregation are excerpts from examples of Jim Crow laws shown on the
National Park Service website.
The examples include
anti-miscegenation laws; though sometimes counted among the "Jim Crow laws" of the South, those laws had also existed outside the South for many years. Anti-miscegenation laws were not repealed by the Civil Rights Act of 1964 but were declared unconstitutional in the 1967 Supreme Court case
Loving v. Virginia.
Alabama
- "All passenger stations in this state operated by any motor transportation company shall not have separate waiting rooms or space and separate ticket windows for the white and colored races."
Arkansas
- Various laws from 1884 to 1947 prohibited marriage or sexual relations between whites and blacks or mulattoes, providing for specific fines and imprisonment of up to three years. The History of Jim Crow—Inside the South
- Various laws from 1891 to 1959 segregated rail travel, streetcars, buses, all public carriers, race tracks, gaming establishments, polling places, washrooms in mines, tuberculosis hospitals, public schools and teachers' colleges.
- A poll tax was first imposed in the 1890s.
Florida
- "All marriages between a white person and a Negro, or between a white person and a person of Negro descent to the fourth generation inclusive, are hereby forever prohibited."
- "Any Negro man and white woman, or any white man and Negro woman, who are not married to each other, who shall habitually live in and occupy in the nighttime the same room shall each be punished by imprisonment not exceeding twelve (12) months, or by fine not exceeding five hundred ($500.00) dollars."
- "The schools for white children and the schools for Negro children shall be conducted separately."
Georgia
- "All persons licensed to conduct a restaurant, shall serve either white people exclusively or colored people exclusively and shall not sell to the two races within the same room or serve the two races anywhere under the same license."
- "It shall be unlawful for any amateur white baseball team to play baseball on any vacant lot or baseball diamond within two blocks of a playground devoted to the Negro race, and it shall be unlawful for any amateur colored baseball team to play baseball in any vacant lot or baseball diamond within two blocks of any playground devoted to the white race."
Louisiana
- "Any person who shall rent any part of any such building to a Negro person or a Negro family when such building is already in whole or in part in occupancy by a white person or white family, or vice versa when the building is in occupancy by a Negro person or Negro family, shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than twenty-five ($25.00) nor more than one hundred ($100.00) dollars or be imprisoned not less than 10, or more than 60 days, or both such fine and imprisonment in the discretion of the court."
Mississippi
- "Any person...who shall be guilty of printing, publishing or circulating printed, typewritten or written matter urging or presenting for public acceptance or general information, arguments or suggestions in favor of social equality or of intermarriage between whites and Negroes, shall be guilty of a misdemeanor and subject to fine or not exceeding five hundred (500.00) dollars or imprisonment not exceeding six (6) months or both."
North Carolina
- "Books shall not be interchangeable between the white and colored schools, but shall continue to be used by the race first using them. "
- "The state librarian is directed to fit up and maintain a separate place for the use of the colored people who may come to the library for the purpose of reading books or periodicals."
South Carolina
- "No persons, firms, or corporations, who or which furnish meals to passengers at station restaurants or station eating houses, in times limited by common carriers of said passengers, shall furnish said meals to white and colored passengers in the same room, or at the same table, or at the same counter."
- "It shall be unlawful for any parent, relative, or other white person in this State, having the control or custody of any white child, by right of guardianship, natural or acquired, or otherwise, to dispose of, give or surrender such white child permanently into the custody, control, maintenance, or support, of a negro."
Texas
Twenty-seven Jim Crow laws were passed in the Lone Star state from 1866 to 1958. Some examples include:
- 1925: Required racially segregated schools.
- 1950: Separate facilities required for white and black citizens in state parks
- 1953: Public carriers to be segregated
- 1958: No child compelled to attend schools that are racially mixed. No desegregation unless approved by election. Governor may close schools where troops used on federal authority.
drinks out of a segregated water cooler designated for "colored" patrons in 1939 at a streetcar terminal in Oklahoma City
Virginia
- "Every person...operating...any public hall, theater, opera house, motion picture show or any place of public entertainment or public assemblage which is attended by both white and colored persons, shall separate the white race and the colored race and shall set apart and designate...certain seats therein to be occupied by white persons and a portion thereof, or certain seats therein, to be occupied by colored persons."
- "The conductors or managers on all such railroads shall have power, and are hereby required, to assign to each white or colored passenger his or her respective car, coach or compartment. If the passenger fails to disclose his race, the conductor and managers, acting in good faith, shall be the sole judges of his race."
Attempts at dismantling the laws
Congress passed the Civil Rights Act of 1875, legislation introduced by Charles Sumner and Benjamin F. Butler in 1870, and passed March 1,
1875. It guaranteed that everyone, regardless of race, color, or previous condition of servitude, was entitled to the same treatment in "public accommodations" (inns, public conveyances on land or water, theaters, and other places of public amusement).
In 1883, the Supreme Court restricted the Civil Rights Act of 1875 to actions by state and local government. It Civil Rights Cases Congress could not control private persons or corporations. After Congress passed the Civil Rights Act of 1875, it did not pass another civil rights law until 1957.
In 1890, Louisiana passed a law requiring separate accommodations for colored and white passengers on railroads. Louisiana law distinguished between "white," "black" and "colored" (that is, people of mixed white and black ancestry). The law already had provided that blacks could not ride with white people, but colored people could ride with whites prior to 1890. A group of concerned black, colored and white citizens in New Orleans formed an association dedicated to the repeal of the law. They persuaded
Homer Plessy, who was only one-eighth "Negro" and of fair complexion, to test it. In 1892, Plessy purchased a first-class ticket from New Orleans on the
East Louisiana Railway. Once he had boarded the train, he informed the train conductor of his racial lineage and took a seat in the whites-only car. He was directed to leave that car and sit instead in the "coloreds only" car. Plessy refused and was immediately arrested. The Citizens Committee of New Orleans fought the case all the way to the Supreme Court of the United States. They lost in 1896, and
Plessy v. Ferguson resulted in 58 more years of legal discrimination against black and colored people in the United States.
When black soldiers returning from World War II refused to put up with the second class citizenship of segregation, the movement for Civil Rights was renewed. The
NAACP Legal Defense Committee (a group independent of the NAACP)—and its lawyer
Thurgood Marshall—brought the landmark case
Brown v. Board of Education, before the Supreme Court. In 1954, the court unanimously overturned the 1896 Plessy decision in its ruling; Thurgood Marshall later became the first black
List of Justices of the Supreme Court of the United States.
Legacy
The Supreme Court of the United States held in the
Civil Rights Cases 109 US 3 (1883) that the Fourteenth Amendment did not give the federal government the power to outlaw private discrimination, and then held in
Plessy v. Ferguson 163 US 537 (1896) that Jim Crow laws were constitutional as long as they allowed for "separate but equal" facilities. In the years that followed, the court made this "separate but equal" requirement a hollow phrase by approving discrimination even in the face of evidence of profound inequalities in practice.
In 1902, Reverend
Thomas Dixon, Jr., a white Southern anti-Reconstructionist, published the novel
The Leopard's Spots, which intentionally fanned racial animosity. http://docsouth.unc.edu/dixonclan/bio.html
Jim Crow laws were a product of the
Solid South. As the party which supported the Confederacy, the Democrats quickly dominated all aspects of local, state, and federal political life in the post-Civil War South, right up through the 1970s. As late as 1956, a resolution called Southern Manifesto, condemning the Supreme Court's ruling in
Brown v. Board of Education, was read into the Congressional Record and supported by 96 southern congressmen and senators, each one a Democrat.
The Jim Crow laws were a major factor in
Great Migration (African American) during the early part of the 20th century, because opportunities were so limited in the South that African Americans moved in great numbers to northern cities to seek a better life.
While African-American entertainers, musicians, and literary figures had broken into the white world of American art and culture after 1890, African-American athletes found obstacles confronting them at every turn. By 1900, white opposition to African-American boxers, baseball players, track athletes, and basketball players kept them segregated and limited in what they could do. But their prowess and abilities in all-African-American teams and sporting events could not be denied, and the barriers to African-American participation in all the major sports began to crumble in the 1950s and 1960s.
Twentieth century
In the 20th century, the Supreme Court began to overturn Jim Crow laws on constitutional grounds. In
Buchanan v. Warley 245 US 60 (1917), the court held that a Kentucky law could not require residential segregation. The Supreme Court in 1946, in
Irene Morgan ruled segregation in interstate transportation to be unconstitutional, though its reasoning stemmed from the commerce clause of the Constitution rather than any moral objection to the practice. It was not until 1954 in
Brown v. Board of Education of Topeka 347 US 483 that the court held that separate facilities were inherently unequal in the area of public schools, effectively overturning
Plessy v. Ferguson, and outlawing Jim Crow in other areas of society as well. This landmark case consisted of complaints filed in the states of Delaware (
Gebhart v. Belton); South Carolina (
Briggs v. Elliott); Virginia (
Davis v. County School Board of Prince Edward County); and
Washington, D.C. (
Bolling v. Sharpe). These decisions, along with other cases such as
McLaurin v. Oklahoma State Board of Regents 339 US 637 (1950),
NAACP v. Alabama 357 US 449 (1958), and
Boynton v. Virginia 364 US 454 (1960), slowly dismantled the state-sponsored segregation imposed by Jim Crow laws.
In addition to Jim Crow laws, in which the state compelled segregation of the races, businesses, political parties, unions and other private parties created their own Jim Crow arrangements, barring blacks from buying homes in certain neighborhoods, from shopping or working in certain stores, from working at certain trades, etc. The Supreme Court outlawed some forms of private discrimination in
Shelley v. Kraemer 334 US 1 (1948), in which it held that "restrictive covenants" that barred sale of homes to blacks or Jews or
Asian peoples were unconstitutional, on the grounds that they represented state-sponsored discrimination, in that they were only effective if the courts enforced them.
The Supreme Court was unwilling, however, to attack other forms of private discrimination; it reasoned that private parties did not violate the
Equal Protection clause of the Constitution when they discriminated, because they were not "state actors" covered by that clause.
After World War II, as attitudes in the Federal courts turned against segregation, the segregationist white governments of many of the states of the Southeast countered with even more numerous and strict segregation laws on the local level until the start of the 1960s. The modern American Civil Rights Movement is often considered to have been sparked by an act of civil disobedience against Jim Crow laws when Rosa Parks, an African-American woman, refused to give up her seat on a bus to a white man after being ordered to do so by the bus driver. Her action, and the demonstrations that it spawned, led to a series of legislation and court decisions in which Jim Crow laws were repealed or annulled.
However, the Montgomery Bus Boycott led by Reverend
Martin Luther King, Jr. which followed Rosa Parks' action, was not an isolated case. Numerous boycotts and demonstrations against segregation had occurred throughout the 1930s and 1940s. These early demonstrations achieved positive results and helped spark political activism. For instance,
K. Leroy Irvis of
Pittsburgh, Pennsylvania Urban League led a demonstration against employment discrimination by Pittsburgh's department stores in 1947, and he became the first 20th century African-American to serve as a state Speaker of the House.
In 1964, the U.S. Congress attacked the parallel system of private Jim Crow practices. It invoked the
commerce clause to pass the
Civil Rights Act of 1964, which outlawed discrimination in public accommodations (privately owned restaurants, hotels, and stores, and in private schools and workplaces). This use of the commerce clause was upheld in
Heart of Atlanta Motel v. United States 379 US 241 (1964).
In 1971, the Supreme Court, in Swann v. Charlotte-Mecklenburg Board of Education, upheld
desegregation busing of students to achieve integration.
End of
de jure segregation
's "Jim Crow"
In January, 1964, President
Lyndon Johnson met with civil rights leaders. On
January 8, during his first State of the Union (USA), Johnson asked Congress to "let this session of Congress be known as the session which did more for civil rights than the last hundred sessions combined." On
June 21, civil rights workers
Michael Schwerner, Andrew Goodman, and James Chaney, disappeared in
Neshoba County, Mississippi. The three were volunteers traveling to Mississippi to aid in the registration of African-American voters as part of the Mississippi Summer Project. The
FBI recovered their bodies, which had been buried in an earthen dam, 44 days later. The Neshoba County deputy sheriff, Cecil Price and 16 others, all
Ku Klux Klan members, were indicted for the crimes; seven were convicted. On July 2, President Johnson signed the Civil Rights Act of 1964. LBJ for Kids CIVIL RIGHTS DURING THE JOHNSON ADMINISTRATION
According to the United States Department of Justice, "By 1965 concerted efforts to break the grip of state disfranchisement had been under way for some time, but had achieved only modest success overall and in some areas had proved almost entirely ineffectual. The murder of voting-rights activists in
Philadelphia, Mississippi, gained national attention, along with numerous other acts of violence and terrorism. Finally, the Selma_to_Montgomery_marches#First_march, by state troopers on peaceful marchers crossing the
Edmund Pettus Bridge in Selma, Alabama, Alabama, en route to the state capitol in
Montgomery, Alabama, persuaded the President and Congress to overcome Southern legislators' resistance to effective voting rights legislation. President Johnson issued a call for a strong voting rights law and hearings began soon thereafter on the bill that would become the Voting Rights Act." United States Department of Justice Introduction To Federal Voting Rights Laws
See also
- Anti-miscegenation laws
- Black Codes in the USA
- Racial segregation in the United States
- Racial segregation
- Apartheid
- Carpetbagger
- Disfranchisement after the Civil War
- Dunning School
- Freedman
- Freedmen's Bureau
References
Further reading
- Ayers, Edward L. The Promise of the New South Oxford University Press, 1992, a general history of the South in the late 19th century
- Barnes, Catherine A. Journey from Jim Crow: The Desegregation of Southern Transit Columbia University Press, 1983.
- Bartley, Numan V. The Rise of Massive Resistance: Race and Politics in the South during the 1950s Louisiana State University Press, 1969.
- Bond, Horace Mann. “The Extent and Character of Separate Schools in the United States.” Journal of Negro Education 4(July 1935):321–27. online via JSTOR
- Gabriel Chin & Hrishi Karthikeyan, Preserving Racial Identity: Population Patterns and the Application of Anti-Miscegenation Statutes to Asians, 1910 to 1950, 9 Asian L.J. (2002)
- Campbell, Nedra. "More Justice, More Peace: The Black Person's Guide to the American Legal System" Lawrence Hill Books; Chicago Review Press], 2003, which includes in its chapter "Free at Last" a chronology of laws during the Jim Crow era. ISBN 1-55652-468-4
- Jane Dailey, Glenda Elizabeth Gilmore, and Bryant Simon, eds. Jumpin' Jim Crow: Southern Politics from Civil War to Civil Rights (2000), essays by scholars on impact of Jum Crow on black communities
- Fairclough, Adam. “‘Being in the Field of Education and Also Being a Negro…Seems…Tragic’: Black Teachers in the Jim Crow South.” Journal of American History 87 (June 2000): 65–91. online via JSTOR
- Feldman, Glenn. Politics, Society, and the Klan in Alabama, 1915–1949. University of Alabama Press, 1999.
- Harvey Fireside, Separate and Unequal: Homer Plessy and the Supreme Court Decision That Legalized Racism, 2004. ISBN 0-7867-1293-7
- Eric Foner Reconstruction, America's Unfinished Revolution, 1863-1877: America's Unfinished Revolution, 1863-1877 (Harpercollins, 1988), ISBN 0-06-015851-4, standard history of Reconstruction from neoabolitionist school
- Gaines, Kevin. Uplifting the Race: Black Leadership, Politics, and Culture in the Twentieth Century University of North Carolina Press, 1996.
- Gaston, Paul M. The New South Creed: A Study in Southern Mythmaking Alfred A. Knopf, 1970.
- Glenda Elizabeth Gilmore; Gender and Jim Crow Women and the Politics of White Supremacy in North Carolina, 1896-1920 (1996)
- John Howard Griffin Black Like Me by (Signet, 1996) ISBN 0-451-19203-6. Author leaves privileged life as Southern white man and darkens his skin to experience segregation in the Deep South in 1959.
- Haws, Robert, ed. The Age of Segregation: Race Relations in the South, 1890– 1945 University Press of Mississippi, 1978.
- Sheldon Hackney, Populism to Progressivism in Alabama (1969)
- Johnson, Charles S. Patterns of Negro Segregation Harper and Brothers, 1943.
- Michael J. Klarman; From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality Oxford University Press, 2004
- Leon F. Litwack, Trouble in Mind: Black Southerners in the Age of Jim Crow (Alfred A. Knopf: 1998) "This is the most complete and moving account we have had of what the victims of the Jim Crow South suffered and somehow endured" — C. Vann Woodward
- Stephen Kantrowitz. Ben Tillman & the Reconstruction of White Supremacy (2000)
- McMillen, Neil R. Dark Journey: Black Mississippians in the Age of Jim Crow. University of Illinois Press, 1989.
- Keith Weldon Medley, We As Freemen: Plessy v. Ferguson by Pelican Publishing Company, March, 2003. ISBN 1-58980-120-2. Popular story of Homer Plessy, who lost his case before the Supreme Court; the case legalized segregation in the U.S. for the next 58 years.
- Myrdal, Gunnar. An American Dilemma: The Negro Problem and Modern Democracy Harper and Row, 1944. the most detailed analysis of the Jim Crow system in operation.
- Percy, William Alexander. Lanterns on the Levee: Recollections of a Planter's Son. 1941. Reprint, Louisiana State University Press, 1993. by conservative white planter
- Rabinowitz, Howard N. Race Relations in the Urban South, 1856–1890 (1978)
- J. Douglas Smith; Managing White Supremacy: Race, Politics, and Citizenship in Jim Crow Virginia University of North Carolina Press, 2002
- Smith, J. Douglas. “The Campaign for Racial Purity and the Erosion of Paternalism in Virginia, 1922–1930: “Nominally White, Biologically Mixed, and Legally Negro.’” Journal of Southern History 68 (February 2002): 65–106.
- Smith, J. Douglas. “Patrolling the Boundaries of Race: Motion Picture Censorship and Jim Crow in Virginia, 1922–1932.” Historical Journal of Film, Radio, and Television 21 (August 2001): 273–91.
- Sterner, Richard. The Negro's Share (1943) detailed statistics
- C. Vann Woodward. The Strange Career of Jim Crow (1955) the classic history by Pulitzer prize winner.
- C. Vann Woodward. The Origins of the New South: 1877-1913 (1951).
External links
- Racial Etiquette: The Racial Customs and Rules of Racial Behavior in Jim Crow America - A detailed article outlining the basics of Jim Crow etiquette.
- Jim Crow Museum of Racist Memorabilia
- An article on "New Racist Forms: Jim Crow in the 21st Century"
- "You Don't Have to Ride Jim Crow!" PBS documentary on first Freedom Ride, in 1947
- The History of Jim Crow
- A 1923 article in the SF Chronicle lauding California's Jim Crow handgun law, which is still in force today
- List of laws enacted in various states
- Video: The Rise and Fall of Jim Crow
- Video: The Strange Demise of Jim Crow
- Ferris University page about Jim Crow
- PBS page about a relevant program
- Interactive map of Jim Crow laws by state
The
Jim Crow Laws were state and local laws enacted in the
Southern United States and Border states (Civil War) of the
United States and enforced between 1876 and 1965. They mandated "
separate but equal" status for black Americans. In reality, this led to treatment and accommodations that were almost always inferior to those provided to white Americans. The
Jim Crow period or the
Jim Crow era refers to the time during which this practice occurred. The most important laws required that public schools, public places and public transportation, like trains and buses, have separate facilities for whites and blacks. (These Jim Crow Laws were separate from the 1800-66 Black Codes in the USA, which had restricted the civil rights and civil liberties of African Americans.) State-sponsored school segregation was declared unconstitutional by the Supreme Court of the United States in 1954 in
Brown v. Board of Education. Generally, the remaining Jim Crow laws were overruled by the
Civil Rights Act of 1964 and the Voting Rights Act; none were in effect at the end of the 1960s.
During the
Reconstruction period of 1865-76, federal law provided civil rights protection in the South for
freedmen—the African-Americans who had formerly been slaves. Reconstruction ended at different dates (the latest 1877), and was followed in each Southern state by
Redeemers governments that passed the Jim Crow laws to separate the races. In the
Progressive Era the restrictions were formalized, and segregation was extended to the federal government by President Woodrow Wilson in 1913.
After 1945, the American Civil Rights Movement (1896-1954) gained momentum and used federal courts to attack Jim Crow. The Supreme Court declared legal, or
de jure, public school segregation unconstitutional in 1954, and it ended in practice in the 1970s. The court ruling did not stop
de facto or informal school segregation, which continued in large cities. President Lyndon B. Johnson, building a coalition of northern Democrats and Republicans, pushed
United States Congress to pass the
Civil Rights Act of 1964 which immediately annulled Jim Crow laws that segregated restaurants, hotels and theatres; these facilities (with rare exceptions) immediately dropped racial segregation. The
Voting Rights Act ended discrimination in voting for all federal, state and local elections.
Origins
In the first stage of Presidential Reconstruction, all white Southern legislatures overwhelmingly dominated by ex-Confederate States of America, abolished laws regarding slavery but passed the black codes, which gave new rights to the freedmen but fewer than whites possessed. The
Northern United States reacted against those codes, which never went into effect in any state. Instead, the Radical Republicans passed the
Civil Rights Act of 1866 which gave freedmen legal rights (but not the right to vote). The country, by 1870, passed the Fourteenth Amendment to the United States Constitution and
Fifteenth Amendment to the United States Constitution Amendments to the United States Constitution, guaranteeing civil rights and the right to vote. The southern states came under Republican control— a party comprising the Freedmen, white Southerners ("Scalawags") and migrants from the North ("
Carpetbaggers"). The
Ku Klux Klan and related groups reacted violently, but they were suppressed by President
Ulysses S. Grant using the federal courts and troops. By 1877, the conservatives and Democrats, forming a Redeemer coalition, ousted all the Republican governments. From 1877 until the 1970s, the Southern Democrats largely controlled every Southern state.
After 1877, the Redeemers reversed many of the civil rights gains that African Americans had made during Reconstruction, passing laws that mandated discrimination by both local governments and by private citizens. Since "Jim Crow law" is a blanket term for any of this type of legislation, the date of inception for the laws varies by state. The most important laws came in the 1890s with the adoption of legislation segregating railroad cars in New Orleans as the first genuine Jim Crow law. By 1915, every Southern state had effectively destroyed the gains in civil rights and liberties that blacks had enjoyed from the Reconstructionist efforts.The term
Jim Crow comes from the minstrel show song "Jump Jim Crow" written in 1828 and performed by
Thomas_D._Rice, a white English migrant to the U.S. and the first popularizer of blackface performance. The song and blackface itself were an immediate hit. A caricature of a shabbily dressed rural black, "Jim Crow" became a standard character in minstrel shows. He was often paired with "
Zip Coon," a flamboyantly dressed urban black who associated more with White (people) culture. By 1837,
Jim Crow was being used to refer to racial segregation in Vermont.
Many of the discriminatory Jim Crow laws were enacted to support
racial segregation in everyday life. They required black and white people to use separate water fountains, public schools, public bath houses, restaurants, public libraries, buses and rail cars—although, even without legal segregation, the desire of the white majority to use the frequently inferior facilities set aside for black use was limited.
Voting disfranchisement
Between 1890 and 1920, many state governments prevented most blacks from voting by various techniques, such as poll taxes and literacy tests. (These could be waived for whites by grandfather clauses, until this was found to be unconstitutional in 1915.) It is estimated that of 181,000 African-American males of voting age in
Alabama in 1900, only 3,000 were registered to vote.
Examples
The following examples of segregation are excerpts from examples of Jim Crow laws shown on the National Park Service website.
The examples include
anti-miscegenation laws; though sometimes counted among the "Jim Crow laws" of the South, those laws had also existed outside the South for many years. Anti-miscegenation laws were not repealed by the Civil Rights Act of 1964 but were declared unconstitutional in the 1967 Supreme Court case
Loving v. Virginia.
Alabama
- "All passenger stations in this state operated by any motor transportation company shall not have separate waiting rooms or space and separate ticket windows for the white and colored races."
Arkansas
- Various laws from 1884 to 1947 prohibited marriage or sexual relations between whites and blacks or mulattoes, providing for specific fines and imprisonment of up to three years. The History of Jim Crow—Inside the South
- Various laws from 1891 to 1959 segregated rail travel, streetcars, buses, all public carriers, race tracks, gaming establishments, polling places, washrooms in mines, tuberculosis hospitals, public schools and teachers' colleges.
- A poll tax was first imposed in the 1890s.
Florida
- "All marriages between a white person and a Negro, or between a white person and a person of Negro descent to the fourth generation inclusive, are hereby forever prohibited."
- "Any Negro man and white woman, or any white man and Negro woman, who are not married to each other, who shall habitually live in and occupy in the nighttime the same room shall each be punished by imprisonment not exceeding twelve (12) months, or by fine not exceeding five hundred ($500.00) dollars."
- "The schools for white children and the schools for Negro children shall be conducted separately."
Georgia
- "All persons licensed to conduct a restaurant, shall serve either white people exclusively or colored people exclusively and shall not sell to the two races within the same room or serve the two races anywhere under the same license."
- "It shall be unlawful for any amateur white baseball team to play baseball on any vacant lot or baseball diamond within two blocks of a playground devoted to the Negro race, and it shall be unlawful for any amateur colored baseball team to play baseball in any vacant lot or baseball diamond within two blocks of any playground devoted to the white race."
Louisiana
- "Any person who shall rent any part of any such building to a Negro person or a Negro family when such building is already in whole or in part in occupancy by a white person or white family, or vice versa when the building is in occupancy by a Negro person or Negro family, shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than twenty-five ($25.00) nor more than one hundred ($100.00) dollars or be imprisoned not less than 10, or more than 60 days, or both such fine and imprisonment in the discretion of the court."
Mississippi
- "Any person...who shall be guilty of printing, publishing or circulating printed, typewritten or written matter urging or presenting for public acceptance or general information, arguments or suggestions in favor of social equality or of intermarriage between whites and Negroes, shall be guilty of a misdemeanor and subject to fine or not exceeding five hundred (500.00) dollars or imprisonment not exceeding six (6) months or both."
North Carolina
- "Books shall not be interchangeable between the white and colored schools, but shall continue to be used by the race first using them. "
- "The state librarian is directed to fit up and maintain a separate place for the use of the colored people who may come to the library for the purpose of reading books or periodicals."
South Carolina
- "No persons, firms, or corporations, who or which furnish meals to passengers at station restaurants or station eating houses, in times limited by common carriers of said passengers, shall furnish said meals to white and colored passengers in the same room, or at the same table, or at the same counter."
- "It shall be unlawful for any parent, relative, or other white person in this State, having the control or custody of any white child, by right of guardianship, natural or acquired, or otherwise, to dispose of, give or surrender such white child permanently into the custody, control, maintenance, or support, of a negro."
Texas
Twenty-seven Jim Crow laws were passed in the Lone Star state from 1866 to 1958. Some examples include:
- 1925: Required racially segregated schools.
- 1950: Separate facilities required for white and black citizens in state parks
- 1953: Public carriers to be segregated
- 1958: No child compelled to attend schools that are racially mixed. No desegregation unless approved by election. Governor may close schools where troops used on federal authority.
drinks out of a segregated water cooler designated for "colored" patrons in 1939 at a streetcar terminal in Oklahoma City
Virginia
- "Every person...operating...any public hall, theater, opera house, motion picture show or any place of public entertainment or public assemblage which is attended by both white and colored persons, shall separate the white race and the colored race and shall set apart and designate...certain seats therein to be occupied by white persons and a portion thereof, or certain seats therein, to be occupied by colored persons."
- "The conductors or managers on all such railroads shall have power, and are hereby required, to assign to each white or colored passenger his or her respective car, coach or compartment. If the passenger fails to disclose his race, the conductor and managers, acting in good faith, shall be the sole judges of his race."
Attempts at dismantling the laws
Congress passed the
Civil Rights Act of 1875, legislation introduced by Charles Sumner and Benjamin F. Butler in 1870, and passed March 1,
1875. It guaranteed that everyone, regardless of race, color, or previous condition of servitude, was entitled to the same treatment in "public accommodations" (inns, public conveyances on land or water, theaters, and other places of public amusement).
In 1883, the Supreme Court restricted the Civil Rights Act of 1875 to actions by state and local government. It Civil Rights Cases Congress could not control private persons or corporations. After Congress passed the Civil Rights Act of 1875, it did not pass another civil rights law until 1957.
In 1890, Louisiana passed a law requiring separate accommodations for colored and white passengers on railroads. Louisiana law distinguished between "white," "black" and "colored" (that is, people of mixed white and black ancestry). The law already had provided that blacks could not ride with white people, but colored people could ride with whites prior to 1890. A group of concerned black, colored and white citizens in New Orleans formed an association dedicated to the repeal of the law. They persuaded Homer Plessy, who was only one-eighth "Negro" and of fair complexion, to test it. In 1892, Plessy purchased a first-class ticket from New Orleans on the
East Louisiana Railway. Once he had boarded the train, he informed the train conductor of his racial lineage and took a seat in the whites-only car. He was directed to leave that car and sit instead in the "coloreds only" car. Plessy refused and was immediately arrested. The Citizens Committee of New Orleans fought the case all the way to the Supreme Court of the United States. They lost in 1896, and
Plessy v. Ferguson resulted in 58 more years of legal discrimination against black and colored people in the United States.
When black soldiers returning from World War II refused to put up with the second class citizenship of segregation, the movement for
Civil Rights was renewed. The
NAACP Legal Defense Committee (a group independent of the NAACP)—and its lawyer Thurgood Marshall—brought the landmark case
Brown v. Board of Education, before the Supreme Court. In 1954, the court unanimously overturned the 1896 Plessy decision in its ruling; Thurgood Marshall later became the first black List of Justices of the Supreme Court of the United States.
Legacy
The Supreme Court of the United States held in the
Civil Rights Cases 109 US 3 (1883) that the Fourteenth Amendment did not give the federal government the power to outlaw private discrimination, and then held in
Plessy v. Ferguson 163 US 537 (1896) that Jim Crow laws were constitutional as long as they allowed for "separate but equal" facilities. In the years that followed, the court made this "separate but equal" requirement a hollow phrase by approving discrimination even in the face of evidence of profound inequalities in practice.
In 1902, Reverend
Thomas Dixon, Jr., a white Southern anti-Reconstructionist, published the novel
The Leopard's Spots, which intentionally fanned racial animosity. http://docsouth.unc.edu/dixonclan/bio.html
Jim Crow laws were a product of the Solid South. As the party which supported the Confederacy, the Democrats quickly dominated all aspects of local, state, and federal political life in the post-Civil War South, right up through the 1970s. As late as 1956, a resolution called
Southern Manifesto, condemning the Supreme Court's ruling in
Brown v. Board of Education, was read into the Congressional Record and supported by 96 southern congressmen and senators, each one a Democrat.
The Jim Crow laws were a major factor in Great Migration (African American) during the early part of the 20th century, because opportunities were so limited in the South that African Americans moved in great numbers to northern cities to seek a better life.
While African-American entertainers, musicians, and literary figures had broken into the white world of American art and culture after 1890, African-American athletes found obstacles confronting them at every turn. By 1900, white opposition to African-American boxers, baseball players, track athletes, and basketball players kept them segregated and limited in what they could do. But their prowess and abilities in all-African-American teams and sporting events could not be denied, and the barriers to African-American participation in all the major sports began to crumble in the 1950s and 1960s.
Twentieth century
In the 20th century, the Supreme Court began to overturn Jim Crow laws on constitutional grounds. In
Buchanan v. Warley 245 US 60 (1917), the court held that a Kentucky law could not require residential segregation. The Supreme Court in 1946, in
Irene Morgan ruled segregation in interstate transportation to be unconstitutional, though its reasoning stemmed from the commerce clause of the Constitution rather than any moral objection to the practice. It was not until 1954 in
Brown v. Board of Education of Topeka 347 US 483 that the court held that separate facilities were inherently unequal in the area of public schools, effectively overturning
Plessy v. Ferguson, and outlawing Jim Crow in other areas of society as well. This landmark case consisted of complaints filed in the states of Delaware (
Gebhart v. Belton); South Carolina (
Briggs v. Elliott); Virginia (
Davis v. County School Board of Prince Edward County); and
Washington, D.C. (
Bolling v. Sharpe). These decisions, along with other cases such as
McLaurin v. Oklahoma State Board of Regents 339 US 637 (1950),
NAACP v. Alabama 357 US 449 (1958), and
Boynton v. Virginia 364 US 454 (1960), slowly dismantled the state-sponsored segregation imposed by Jim Crow laws.
In addition to Jim Crow laws, in which the state compelled segregation of the races, businesses, political parties, unions and other private parties created their own Jim Crow arrangements, barring blacks from buying homes in certain neighborhoods, from shopping or working in certain stores, from working at certain trades, etc. The Supreme Court outlawed some forms of private discrimination in
Shelley v. Kraemer 334 US 1 (1948), in which it held that "restrictive covenants" that barred sale of homes to blacks or Jews or Asian peoples were unconstitutional, on the grounds that they represented state-sponsored discrimination, in that they were only effective if the courts enforced them.
The Supreme Court was unwilling, however, to attack other forms of private discrimination; it reasoned that private parties did not violate the Equal Protection clause of the Constitution when they discriminated, because they were not "state actors" covered by that clause.
After World War II, as attitudes in the Federal courts turned against segregation, the segregationist white governments of many of the states of the Southeast countered with even more numerous and strict segregation laws on the local level until the start of the 1960s. The modern American Civil Rights Movement is often considered to have been sparked by an act of civil disobedience against Jim Crow laws when Rosa Parks, an African-American woman, refused to give up her seat on a bus to a white man after being ordered to do so by the bus driver. Her action, and the demonstrations that it spawned, led to a series of legislation and court decisions in which Jim Crow laws were repealed or annulled.
However, the
Montgomery Bus Boycott led by Reverend
Martin Luther King, Jr. which followed Rosa Parks' action, was not an isolated case. Numerous boycotts and demonstrations against segregation had occurred throughout the 1930s and 1940s. These early demonstrations achieved positive results and helped spark political activism. For instance, K. Leroy Irvis of
Pittsburgh, Pennsylvania Urban League led a demonstration against employment discrimination by Pittsburgh's department stores in 1947, and he became the first 20th century African-American to serve as a state Speaker of the House.
In 1964, the U.S. Congress attacked the parallel system of private Jim Crow practices. It invoked the
commerce clause to pass the Civil Rights Act of 1964, which outlawed discrimination in public accommodations (privately owned restaurants, hotels, and stores, and in private schools and workplaces). This use of the commerce clause was upheld in
Heart of Atlanta Motel v. United States 379 US 241 (1964).
In 1971, the Supreme Court, in
Swann v. Charlotte-Mecklenburg Board of Education, upheld desegregation busing of students to achieve integration.
End of
de jure segregation
's "Jim Crow"
In January, 1964, President
Lyndon Johnson met with civil rights leaders. On January 8, during his first State of the Union (USA), Johnson asked Congress to "let this session of Congress be known as the session which did more for civil rights than the last hundred sessions combined." On June 21, civil rights workers Michael Schwerner,
Andrew Goodman, and
James Chaney, disappeared in Neshoba County, Mississippi. The three were volunteers traveling to Mississippi to aid in the registration of African-American voters as part of the Mississippi Summer Project. The FBI recovered their bodies, which had been buried in an earthen dam, 44 days later. The Neshoba County deputy sheriff, Cecil Price and 16 others, all Ku Klux Klan members, were indicted for the crimes; seven were convicted. On July 2, President Johnson signed the
Civil Rights Act of 1964. LBJ for Kids CIVIL RIGHTS DURING THE JOHNSON ADMINISTRATION
According to the
United States Department of Justice, "By 1965 concerted efforts to break the grip of state disfranchisement had been under way for some time, but had achieved only modest success overall and in some areas had proved almost entirely ineffectual. The murder of voting-rights activists in Philadelphia, Mississippi, gained national attention, along with numerous other acts of violence and terrorism. Finally, the Selma_to_Montgomery_marches#First_march, by state troopers on peaceful marchers crossing the
Edmund Pettus Bridge in
Selma, Alabama,
Alabama, en route to the state capitol in Montgomery, Alabama, persuaded the President and Congress to overcome Southern legislators' resistance to effective voting rights legislation. President Johnson issued a call for a strong voting rights law and hearings began soon thereafter on the bill that would become the Voting Rights Act." United States Department of Justice Introduction To Federal Voting Rights Laws
See also
References
Further reading
- Ayers, Edward L. The Promise of the New South Oxford University Press, 1992, a general history of the South in the late 19th century
- Barnes, Catherine A. Journey from Jim Crow: The Desegregation of Southern Transit Columbia University Press, 1983.
- Bartley, Numan V. The Rise of Massive Resistance: Race and Politics in the South during the 1950s Louisiana State University Press, 1969.
- Bond, Horace Mann. “The Extent and Character of Separate Schools in the United States.” Journal of Negro Education 4(July 1935):321–27. online via JSTOR
- Gabriel Chin & Hrishi Karthikeyan, Preserving Racial Identity: Population Patterns and the Application of Anti-Miscegenation Statutes to Asians, 1910 to 1950, 9 Asian L.J. (2002)
- Campbell, Nedra. "More Justice, More Peace: The Black Person's Guide to the American Legal System" Lawrence Hill Books; Chicago Review Press], 2003, which includes in its chapter "Free at Last" a chronology of laws during the Jim Crow era. ISBN 1-55652-468-4
- Jane Dailey, Glenda Elizabeth Gilmore, and Bryant Simon, eds. Jumpin' Jim Crow: Southern Politics from Civil War to Civil Rights (2000), essays by scholars on impact of Jum Crow on black communities
- Fairclough, Adam. “‘Being in the Field of Education and Also Being a Negro…Seems…Tragic’: Black Teachers in the Jim Crow South.” Journal of American History 87 (June 2000): 65–91. online via JSTOR
- Feldman, Glenn. Politics, Society, and the Klan in Alabama, 1915–1949. University of Alabama Press, 1999.
- Harvey Fireside, Separate and Unequal: Homer Plessy and the Supreme Court Decision That Legalized Racism, 2004. ISBN 0-7867-1293-7
- Eric Foner Reconstruction, America's Unfinished Revolution, 1863-1877: America's Unfinished Revolution, 1863-1877 (Harpercollins, 1988), ISBN 0-06-015851-4, standard history of Reconstruction from neoabolitionist school
- Gaines, Kevin. Uplifting the Race: Black Leadership, Politics, and Culture in the Twentieth Century University of North Carolina Press, 1996.
- Gaston, Paul M. The New South Creed: A Study in Southern Mythmaking Alfred A. Knopf, 1970.
- Glenda Elizabeth Gilmore; Gender and Jim Crow Women and the Politics of White Supremacy in North Carolina, 1896-1920 (1996)
- John Howard Griffin Black Like Me by (Signet, 1996) ISBN 0-451-19203-6. Author leaves privileged life as Southern white man and darkens his skin to experience segregation in the Deep South in 1959.
- Haws, Robert, ed. The Age of Segregation: Race Relations in the South, 1890– 1945 University Press of Mississippi, 1978.
- Sheldon Hackney, Populism to Progressivism in Alabama (1969)
- Johnson, Charles S. Patterns of Negro Segregation Harper and Brothers, 1943.
- Michael J. Klarman; From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality Oxford University Press, 2004
- Leon F. Litwack, Trouble in Mind: Black Southerners in the Age of Jim Crow (Alfred A. Knopf: 1998) "This is the most complete and moving account we have had of what the victims of the Jim Crow South suffered and somehow endured" — C. Vann Woodward
- Stephen Kantrowitz. Ben Tillman & the Reconstruction of White Supremacy (2000)
- McMillen, Neil R. Dark Journey: Black Mississippians in the Age of Jim Crow. University of Illinois Press, 1989.
- Keith Weldon Medley, We As Freemen: Plessy v. Ferguson by Pelican Publishing Company, March, 2003. ISBN 1-58980-120-2. Popular story of Homer Plessy, who lost his case before the Supreme Court; the case legalized segregation in the U.S. for the next 58 years.
- Myrdal, Gunnar. An American Dilemma: The Negro Problem and Modern Democracy Harper and Row, 1944. the most detailed analysis of the Jim Crow system in operation.
- Percy, William Alexander. Lanterns on the Levee: Recollections of a Planter's Son. 1941. Reprint, Louisiana State University Press, 1993. by conservative white planter
- Rabinowitz, Howard N. Race Relations in the Urban South, 1856–1890 (1978)
- J. Douglas Smith; Managing White Supremacy: Race, Politics, and Citizenship in Jim Crow Virginia University of North Carolina Press, 2002
- Smith, J. Douglas. “The Campaign for Racial Purity and the Erosion of Paternalism in Virginia, 1922–1930: “Nominally White, Biologically Mixed, and Legally Negro.’” Journal of Southern History 68 (February 2002): 65–106.
- Smith, J. Douglas. “Patrolling the Boundaries of Race: Motion Picture Censorship and Jim Crow in Virginia, 1922–1932.” Historical Journal of Film, Radio, and Television 21 (August 2001): 273–91.
- Sterner, Richard. The Negro's Share (1943) detailed statistics
- C. Vann Woodward. The Strange Career of Jim Crow (1955) the classic history by Pulitzer prize winner.
- C. Vann Woodward. The Origins of the New South: 1877-1913 (1951).
External links
- Racial Etiquette: The Racial Customs and Rules of Racial Behavior in Jim Crow America - A detailed article outlining the basics of Jim Crow etiquette.
- Jim Crow Museum of Racist Memorabilia
- An article on "New Racist Forms: Jim Crow in the 21st Century"
- "You Don't Have to Ride Jim Crow!" PBS documentary on first Freedom Ride, in 1947
- The History of Jim Crow
- A 1923 article in the SF Chronicle lauding California's Jim Crow handgun law, which is still in force today
- List of laws enacted in various states
- Video: The Rise and Fall of Jim Crow
- Video: The Strange Demise of Jim Crow
- Ferris University page about Jim Crow
- PBS page about a relevant program
- Interactive map of Jim Crow laws by state
Jim Crow Laws
After the American Civil War most states in the South passed anti-African American legislation. These became known as Jim Crow laws. This included laws that discriminated against ...
Jim Crow laws - Wikipedia, the free encyclopedia
The Jim Crow laws, often referred to as a system or legal state as the Jim Crow Era or merely Jim Crow, were state and local laws enacted primarily but not exclusively in the ...
The History of Jim Crow
An educator's site that presents teachers with historical resources and teaching ideas on one of the most shameful periods in American history.
The History of Jim Crow
Jimcrowhistory.org is an educator's site that presents teachers with new historical resources and teaching ideas on one of the most shameful periods in American history, an era of ...
Martin Luther King, Jr., NHS Jim Crow Laws
Click to see larger image. ( K) From the 1880s into the 1960s, a majority of American states enforced segregation through "Jim Crow" laws (so called after a black character in ...
The Rise and Fall of Jim Crow | PBS
The official home of the PBS documentary, The Rise and Fall of Jim Crow.
The Rise and Fall of Jim Crow . Interactive Maps | PBS
2002 Educational Broadcasting Corporation. All rights reserved.
Jim Crow laws — Infoplease.com
Encyclopedia Jim Crow laws. Jim Crow laws, in U.S. history, statutes enacted by Southern states and municipalities, beginning in the 1880s, that legalized segregation between ...
Jim Crow laws definition of Jim Crow laws in the Free Online ...
Encyclopedia article about Jim Crow laws. Information about Jim Crow laws in the Columbia Encyclopedia, Computer Desktop Encyclopedia, computing dictionary.
Jim Crow Laws
By the 1890s, as the gains of Reconstruction were stripped away, southern states began enacting Jim Crow laws that enforced separate facilities for blacks and whites. Here are ...