Race Distinctions in American LawStephenson, Gilbert Thomas
History
Race Distinctions in American Law
Stephenson, Gilbert Thomas
African Americans -- Politics and government; Law -- United States -- History; United States -- Race relations
The Emancipation Proclamation of 1862, issued as a military expedient,
declared that, unless the seceding States were back in the Union by
January 1, 1863, all slaves in those States should be emancipated. This
did not apply to the Union States, as Delaware, which still had slaves.
But immediately upon the cessation of hostilities, Congress set to work
to make emancipation general throughout the Union and to give the Negro
all the rights of a citizen. The Thirteenth Amendment to the
Constitution, ratified December 18, 1865, abolished slavery and
involuntary servitude except as a punishment for crime. The following
April, the first Civil Rights Bill[5] was passed, which declared that
“all persons born in the United States and not subject to any foreign
power, excluding Indians not taxed, are hereby declared to be citizens
of the United States; and such citizens, of every race and color,
without regard to any previous condition of slavery or involuntary
servitude, except as a punishment for crime ... shall have the same
right, in every State and Territory in the United States, to make and
enforce contracts, to sue, ... and to full and equal benefit of all laws
and proceedings in the security of persons and property, as is enjoyed
by white citizens, and shall be subject to like punishments and
penalties, and to none other....”
These rights were enlarged by the Fourteenth Amendment, ratified in
1868, which provides that: “All persons born or naturalized in the
United States, and subject to the jurisdiction thereof, are citizens of
the United States and of the State wherein they reside. No State shall
make or enforce any law which shall abridge the privileges and
immunities of citizens of the United States; nor shall any State deprive
any person of life, liberty, or property without due process of law; nor
deny to any person within its jurisdiction the equal protection of the
laws.” Though the word “Negro” is not mentioned in this Amendment nor in
any of the subsequent Federal enactments, it is not open to dispute that
the legislators had in mind primarily the protection of the Negro.
Under the Fourteenth Amendment, the Civil Rights Bill of 1866 was
reënacted[6] in 1870, with the addition that it extended to all persons
within the jurisdiction of the United States, and that it provided that
all persons should be subject to like taxes, licenses, and exactions of
every kind.
The same year, 1870, the Fifteenth Amendment was ratified, which
declared that the right of citizens of the United States to vote should
not be denied or abridged by the United States or by any States on
account of race, color, or previous condition of servitude.
Public-domain text, read in full here on John Shaqi.
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