A Degraded Caste of Society

This book explores the historical context of interracial violence, revealing how A Degraded Caste of Society exposes the systemic injustices that have persisted over time.

In A Degraded Caste of Society, Andrew T. Fede delves into the historical roots of interracial violence in the southern United States, connecting it to the principles of criminal law established during the era of enslavement. The book meticulously examines how antebellum court opinions and statutes, when analyzed alongside contemporary newspaper articles and census records, contributed to the systemic marginalization of free Black individuals. Fede highlights the perspective of South Carolina justice John Belton O’Neall, who described this population as a 'degraded caste of society,' emphasizing the stark inequalities that existed between them and white citizens.

Fede argues that the written law not only criminalized Black resistance but also legitimized private white interracial violence, creating a cultural environment where such acts were not only tolerated but often encouraged. This troubling legacy persisted, influencing legal practices in a manner that contradicted the Constitution’s promise of equal protection under the law. The U.S. Supreme Court and Congress played significant roles in perpetuating this injustice, with Congress only criminalizing racially motivated violence in 2009 through the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.

Through a comprehensive analysis, A Degraded Caste of Society underscores the ongoing struggle for equal protection in the criminal justice system, particularly during the Jim Crow era and beyond. Fede’s work sheds light on the persistent impact of historical injustices and the ways in which the legacy of slavery continues to manifest in contemporary society.