The Journal of Negro History, Volume 3, 1918Various
History
The Journal of Negro History, Volume 3, 1918
Various
African Americans -- Periodicals
In regard to the decisions of the Supreme Court, the expert simply
makes the declaration that the statement made by me that the failure
of Reconstruction was due to unwise judicial interpretation need not
be considered. In the first place, it is not true that I admitted that
Reconstruction was a failure. On the contrary, those who will
carefully read what I wrote will not fail to see that my contention is
that in its important and essential particulars that policy was a
grand and brilliant success and I instanced the ratification of the
14th and 15th Amendments, neither of which could have otherwise been
ratified, as a vindication of the wisdom of that legislation even if
nothing else had resulted from it. It is admitted that some of the
friends and supporters of the Congressional plan of Reconstruction
have been disappointed because those governments did not and could not
stand the test of time. To this extent and for this reason some
persons claim that the policy was a failure. I am not one of that
number, the reasons for which the readers of the article referred to
will see. But the inability of those governments to stand the test of
time I accounted for under three heads, one of which was several
unfortunate decisions rendered by the Supreme Court, the result, in my
opinion, of two unwise appointments made by President Grant in the
persons of Chief Justice Waite and Associate Justice Bradley. I do not
assert that those two judges, or any others, for that matter, were
appointed with reference to their attitude upon any public question,
still I am satisfied that they were believed to be in accord with the
other leaders and constitutional lawyers in the Republican party in
their construction of the 14th Amendment. The constitutional warrant
for the Civil Rights Bill is the clause which declares that "no state
shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States." It was therefore held
that any law or ordinance which provided for, recognized or sanctioned
separate facilities for the two races in the exercise and enjoyment of
the rights and privileges that are supposed to be common to all
classes of persons, would be a violation of this provision of the 14th
Amendment; and since Congress was authorized to enforce the Amendment,
affirmative legislation for the enforcement of that provision was held
to be thus warranted. This view was held by such able and brilliant
constitutional lawyers as Edmunds and Conkling in the Senate, and
Butler, George F. and E. Rockwood Hoar, Lyman Tremaine, Garfield and
Wilson in the House. Senator Carpenter was the only Republican lawyer
of any note that took a different view of the matter. While he
believed the whole bill was unconstitutional, the section prohibiting
race discrimination in the selection of jurors in State courts he
believed to be especially obnoxious to the constitution. He declared
Public-domain text, read in full here on John Shaqi.
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