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 Thirteenth Amendment to the Federal Constitution, prohibiting
slavery or involuntary servitude, except as a punishment for crime, was
proposed to the legislatures of the thirty-six States on February 1,
1865, a little over two months before the surrender of Lee at
Appomattox, and was declared to have been ratified by twenty-seven
States, the requisite three-fourths, by December 18, 1865. The latter
date marked the Negro’s final freedom from physical bondage. His body
could no longer be owned as chattel property. But there is a vast
difference between being able to say “No man owns my body,” and “I have
the same rights, privileges, and immunities as other free men.” This
difference the Thirty-ninth Congress—that of 1865–1866—fully realized,
and grappled with.
The first ten Amendments were passed soon after the adoption of the
Constitution to satisfy the demands of those who were jealous of the
power of the Federal government. These, in brief, guaranteed to the
citizens of the United States (1) freedom of religion, speech, press,
assembly, and of petition for redress of grievances; (2) the right to
keep and bear arms; (3) the right not to have soldiers quartered in
one’s house in time of peace without one’s consent; (4) freedom from
unreasonable searches and seizures; (5) the right not to be denied life,
liberty, or property without due process of law; (6) the right to trial
by jury; (7) the right of the accused to be confronted by his accuser;
(8) the right not to have one’s property taken for public use without
compensation; and (9) the right not to be subjected to cruel or unusual
punishment, and not to have excessive bail required. These were
limitations upon the power of Congress, the States themselves having
guaranteed such rights to their own citizens by their bill of rights.
After the War, the Federal government was fearful that the States,
particularly those lately in rebellion, would not grant these rights or
privileges to the freedmen, who, according to the Dred Scott decision,
were not citizens. All the power that Congress had over the States, it
seems, was to enforce the Thirteenth Amendment by appropriation
legislation. But it proceeded to make the most of the power it had,
biding its time when another amendment to the Constitution would give it
more power over the States.
FEDERAL CIVIL RIGHTS LEGISLATION
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