Crime and Punishment in American History - Lawrence M. Friedman [311]
41 Flanigan, The Criminal Law of Slavery and Freedom, p. 165.
42 Hindus, Prison and Plantation, pp. 153-54.
43 George (a Slave) v. State, 37 Miss. 316 (1859).
44 Laws. Miss. 1860, chap. 62, p. 102. The convicted defendant could receive up to a hundred lashes for five successive days, or be sentenced to death, as the jury might determine.
45 Rev. Code Miss. 1857, p. 578.
46 Eric Foner, Reconstruction: America’s Unfinished Revolution, 1863-1877 (1988), p. 198.
47 Laws Miss. 1865, chap. 6.
48 See, in particular, 16 U.S. Stats. 141, sec. 6 (act of May 31, 1870).
49 See Daniel A. Novak, The Wheel of Servitude: Black Forced Labor After Slavery (1978); William Cohen, “Negro Involuntary Servitude in the South, 1865-1940: A Preliminary Analysis,” Journal of Southern History, 42:31 (1976).
50 See, for example, Gen’l. Stats Ky. 1873, pp. 902-4.
51 Cohen, “Negro Involuntary Servitude,” p. 56.
52 Charles A. Lofgren, The Plessy Case: A Legal-Historical Interpretation (1987), p. 18.
53 The history of segregation is much disputed; any discussion has to start, however, with C. Vann Woodward’s path-breaking book, The Strange Career of Jim Crow (2d revised ed., 1966).
54 163 U.S. 537 (1896). In general, see Lofgren, The Plessy Case.
55 Lofgren, The Plessy Case, pp. 54-58.
56 Plessy v. Ferguson, 163 U.S. at 551-52.
57 Ayers, Vengeance and Justice, p. 176.
58 For the colonial period, see Yasuhide Kawashima, Puritan Justice and the Indian: White Man’s Law in Massachusetts, 1630-1763 (1986), chap. 6.
59 For example, a law of Kansas that made it a misdemeanor to “sell, barter, or give to any Indian intoxicating liquor” (Compiled Laws Kansas, 1862, pp. 601-2).
60 See Carol Chomsky, “The United States-Dakota War Trials: A Study in Military Injustice,” Stanford Law Review 43:13 (1990).
61 Ex parte Crow Dog, 109 U.S. 556 (1883).
62 Ibid., pp. 569, 571.
63 23 Stats. 362, 385, sec. 9 (act of March 3, 1885).
64 Shih-Shan Henry Tsai, The Chinese Experience in America (1986), pp. 67-72.
65 See Lawrence M. Friedman and Robert V. Percival, The Roots of Justice: Crime and Punishment in Alameda County, California, 1870-1910 (1981), p. 89.
66 William J. Courtney, San Francisco’s Anti-Chinese Ordinances, 1850-1900 (1956), p. 56.
67 Ho Ah Kow v. Nunan, 12 Fed. Cas. 252 (1879). See also Courtney, San Francisco’s Anti-Chinese Ordinances, pp. 62-65.
68 118 U.S. 356 (1886). On the Chinese in California in general, see Robert F. Heizer and Alan J. Almquist, The Other Californians (1971), chap. 7.
69 For example, the item in the National Police Gazette for May 2, 1891 (headlined: “Girls in Chinese Dens”); the site was New York’s Chinatown, the subject a raid on opium “joints” and “dives” on Mott and Pell streets; in Gene Smith and Jayne B. Smith, The Police Gazette (1972), p. 136.
70 San Diego Union, Oct. 26, 1891, p. 5. Whether the Chinese were discriminated against in actual court proceedings is not so obvious. See, for example, John R. Wunder, “Law and the Chinese on the Southwest Frontier, 1850s-1902,” Western Legal History 2:139 (1989).
71 State v. Chandler, 2 Del. (2 Harr.) 553 (1837). In People v. Ruggles, 8 Johns. 290 (N.Y., 1811), however, Chancellor Kent stated that “we are a christian people, and the morality of the country is deeply ingrafted upon christianity.”
72 See, in general, Edwin Brown Firmage and Richard Collin Mangrum, Zion in the Courts: A Legal History of the Church of Jesus Christ of Latter-day Saints, 1830-1900 (1988).
73 Reynolds v. United States, 98 U.S. 145 (1878).
74 Stephen Cresswell, Mormons, Cowboys, Moonshiners, and Klansmen: Federal Law Enforcement in the South and West, 1870-1893 (1991), p. 100.
75 24 Stats. 635 (act of March 3, 1887). The law made husbands and wives of people accused of polygamy competent witnesses when a spouse was prosecuted for this crime (sec. 1); it also directed the attorney general