Reconstruction and the Constitution, 1866-1876Burgess, John William
History
Reconstruction and the Constitution, 1866-1876
Burgess, John William
Reconstruction (U.S. history, 1865-1877); United States -- Politics and government -- 1865-1877
It must be remembered, however, that at the time of the passage of the
Stevens resolution by the House of {46} Representatives, only two of
Mr. Johnson's reconstructed "States" had passed any laws upon these
subjects. These two were Mississippi and South Carolina; and a close
examination of the text of these enactments will hardly justify the
interpretations placed upon them by the radical Republicans. The South
Carolina Preliminary Act came first in the order of time. It provided
that "all free negroes, mulattoes, and mestizos, all freedwomen, and
all descendants through either sex of any of these persons, shall be
known as _persons of color_, except that every such descendant, who may
have of Caucasian blood seven-eighths, or more, shall be deemed a white
person; that the statutes and regulations concerning slaves are now
inapplicable to persons of color; and although such persons are not
entitled to social or political equality with white persons, they shall
have the right to acquire, own, and dispose of property, to make
contracts, to enjoy the fruits of their labor, to sue and be sued, and
to receive protection under the law in their persons and property"; and
"that all rights and remedies respecting persons or property, and all
duties and liabilities under laws civil and criminal, which apply to
white persons, are extended to persons of color, subject to the
modifications made by this act and the other acts hereinbefore
mentioned."
The acts to which this one was preliminary were not passed until the
latter half of December, and could not have served, except by
prevision, as grounds for the Stevens resolution. Moreover there was
little in this Act which was really calculated to arouse any pronounced
hostility at the North. It evidently recognized the emancipation of the
former slaves, and the prohibition of future slavery, as fixed facts,
and provided for substantial equality in civil rights between persons
of color {47} and white persons. The discriminations which it referred
to, rather than made, were those of a social and political nature,
matters which to that time had been controlled, if controlled at all,
wholly by the "States," except of course in those parts of the country
in which "States" had not been erected.
[Sidenote: The Mississippi Acts.]
Public-domain text, read in full here on John Shaqi.
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