The Struggle between President Johnson and Congress over ReconstructionChadsey, Charles E. (Charles Ernest)
History
The Struggle between President Johnson and Congress over Reconstruction
Chadsey, Charles E. (Charles Ernest)
Johnson, Andrew, 1808-1875; United States -- Politics and government -- 1865-1869
As passed it was entitled, "An Act to protect all persons in the United
States in their civil rights, and furnish the means of their vindication."
It first declared "all persons born in the United States, and not subject
to any foreign power, excluding Indians not taxed," to be citizens of the
United States. Such citizens, without regard to race, color, or previous
servitude, were declared to have the same rights in all the States and
Territories, as white citizens, to make and enforce contracts; to "sue,
be parties, and give evidence; to inherit, purchase, lease, sell, hold,
and convey real and personal property;" to enjoy the equal benefit of all
laws for the security of person and property, and to be subject only to
the same punishments. The second section provided penalties for the
deprivation of equal rights. The third gave to the United States courts
exclusive cognizance of all causes involving the denial of the rights
secured by the first section. The remaining sections specified the powers
and duties of the district attorneys, marshals, deputy marshals and
special commissioners, in connection with the enforcement of the act, the
ninth section providing: "It shall be lawful for the President of the
United States, or such person as he may empower for that purpose, to
employ such part of the land or naval forces of the United States, or of
the militia, as shall be necessary to prevent the violation and enforce
the due execution of the Act."[102]
From this summary of the act its nature can be seen plainly. Up to this
time there had been no legislation affecting the _status_ of the freedman.
This declared him to be a citizen of the United States, and thereby
entitled to all the privileges of citizenship. The war having resulted in
the anomalous condition of the several millions of freedmen, some such
legislation was necessary, especially in view of the fact that
discriminative legislation was being enacted in the South. The bill was
moderate in its terms, the most questionable portion being the section
empowering the President to enforce the act through the war department,
but even that in the then unsettled condition of the country had much to
justify it.
Public-domain text, read in full here on John Shaqi.
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