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 first step taken by Congress, under the power supposedly arising out
of the Thirteenth Amendment, was an attempt to secure to the Negro his
so-called “civil rights.” Unfortunately, there seems to be no succinct
definition of this term. Bouvier[214] defines the phrase thus: “A term
applied to certain rights secured to citizens of the United States by
the Thirteenth and Fourteenth Amendments to the Constitution and by
various acts of Congress made in pursuance thereof.” This definition,
however, helps little, and one is thrown back upon the Amendments and
subsidiary enactments themselves to work out from them what are the
civil rights of a citizen and of the Negro in particular.
During the summer and fall of 1865, between the close of the War and the
convening of Congress, there had developed on the part of the radical
element of the Republican party under Thaddeus Stevens an opposition to
President Johnson’s Reconstruction plans. The first Civil Rights Bill
passed the Senate on February 2, 1866, passed the House a few days
later, but on March 27, was returned with the veto of the President. It
was passed, however, over his veto on April 9, 1866, and was thereafter
known as the Civil Rights Bill[215] of 1866. The first section reads:
“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 whereof the party shall have
been duly convicted, shall have the same right, in every State and
Territory in the United States, to make and enforce contracts, to sue,
be parties, and give evidence, to inherit, purchase, lease, sell, hold,
and convey real and personal property, and to full and equal benefits of
all laws and proceedings for the security of person and property, as is
enjoyed by white citizens, and shall be subject to like punishments,
pains, and penalties, and to none other, any law, statute, ordinance,
regulation, or custom to the contrary notwithstanding.”
It is evident that the first phrase was intended to contravene the Dred
Scott decision and to establish the Negro’s citizenship. While the Bill
was before Congress, the great subject of debate was as to just what
rights would be given thereby to the Negro. Some opposed it because they
thought it would give him the right of suffrage, the right to intermarry
with whites, to attend the same schools and churches, to sit on juries,
and to testify in courts. It must be remembered that the “Black Laws” of
the free States were still in force, and the Congressmen from those
States were as jealous of Federal interference on the subject as those
from the Southern States.
Public-domain text, read in full here on John Shaqi.
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