- stitutionality of these statutes as to cohabitation between
persons of different races has been upheld by the Supreme Court of the United States.[62]
The following are instances of race distinction in the matter of offences and punishment. South Carolina,[63] in 1865, said that a person of color who committed assault upon a white woman with intent to ravish her, or who had sexual intercourse with a white woman by impersonating her husband, should be guilty of a felony "without benefit of clergy." Florida[64] made it a capital crime to assault a white female with intent to commit rape or to be accessory thereto. Kentucky[65] provided that all persons, without distinction of color, would be subject to the same pains and penalties for felonies and misdemeanors, adding: "The laws now in force for the punishment of Negroes and mulattoes for rape on white women are hereby continued in force." This was amended[66] in 1869, but the offence was still against white women. The race distinction in these statutes lies in the fact that heavy punishment was prescribed for an assault upon a white woman, but no such protection was accorded a Negro woman.
South Carolina made it a felony "with benefit of clergy" for a servant to steal a chattel, money, or valuable security to the value of ten dollars belonging to, or in the possession or power of his master or employer. It was an "aggravated misdemeanor" for a servant to steal such property below the value of five dollars. The servant had no right to sell any farm produce without the written evidence from his master or the District Judge or Magistrate that he had a right to do so. But all such race distinc-
