The New NationPaxson, Frederic L. (Frederic Logan)
History
The New Nation
Paxson, Frederic L. (Frederic Logan)
United States -- History -- 1865-1921
The purpose of the Fourteenth and Fifteenth Amendments had been to raise
the freedmen to civil equality and protect them there. Pursuant to the
Fourteenth Amendment, Congress passed, in 1875, a Civil Rights Bill,
which forbade discrimination against any citizen in "the full and equal
enjoyment of the accommodations, advantages, facilities, and privileges
of inns, public conveyances on land or water, theaters, and other places
of public amusement." It was restrained from imposing coeducation of
the races only by Northern philanthropists who were interested in
Southern education. Its compulsion was disregarded at the South, where
social equality between the races could not be attained. Innkeepers and
railroads continued to separate their customers, and in time a few of
them were haled into court to answer for violating the law. Their
defense was that the Fourteenth Amendment forbade discrimination by the
States, but did not touch the private act of any citizen; that it
protected the rights of citizens, but that these rights, complete before
the law, did not extend to social relations,--that attendance at a
theater is not a civil right at all, and may properly be regulated by
the police power without conflict with the Constitution. In the Civil
Rights Cases, decided in 1883, the Supreme Court released the
defendants, ruling that the Fourteenth Amendment was too narrow in its
intention to justify Congress in the passage of a code of social
relations at the South. This part of reconstruction thus broke down,
leaving the negro population at the discretion of its white neighbors.
The Fifteenth Amendment, too, had been limited in its protecting force
before 1890. It forbade a denial of the right to vote by any State. The
Supreme Court easily determined that no violation could occur when a
hostile mob excluded negroes from the polls. It had been settled before
1890 that the negro was defenseless against personal discrimination. It
remained to be seen whether he could be disfranchised by law and yet
have no redress. Not till the South found some of its people appealing
for the negro vote in the crisis of the Farmers' Alliance did it take
the last steps in the undoing of reconstruction.
Public-domain text, read in full here on John Shaqi.
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