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
The purpose of it was simply to establish equality in the enjoyment of
civil rights for all citizens of the country and to make all persons
born in the country and not subject to any foreign power citizens. The
substantial part of the bill, as perfected, read: "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 the full and equal benefit of all laws and
proceedings for the security of person and property, as is enjoyed by
white citizens, and shall be subject to like punishment, pains and
penalties, and to {69} none other, any law, statute, ordinance,
regulation or custom, to the contrary notwithstanding."
This is simply equality for all before the law. It conferred no
political privilege and no social equality. It was fairly within the
power of Congress to pass such a measure, by interpreting broadly the
Thirteenth Amendment, without having any recourse to the idea of war
powers. Slavery was nothing but extreme inequality in civil rights
between master and servant. The prohibition of slavery and involuntary
servitude could, therefore, most certainly be held to be the
prohibition of all of these incidents.
The remaining provisions of the bill did nothing more than fix
penalties for violating, or attempting to violate, civil equality as
thus defined, designate the officers charged with the duty of
prosecuting the offenders, and establish the jurisdiction for the trial
of such cases.
Public-domain text, read in full here on John Shaqi.
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