The United States Since the Civil WarLingley, Charles Ramsdell
History
The United States Since the Civil War
Lingley, Charles Ramsdell
United States -- History -- 1865-1921
It has already been shown that the purpose of the Fourteenth Amendment
was the protection of the recently freed negro. The Thirteenth
Amendment had forbidden slavery, but the southern states had passed
apprentice and vagrancy laws which reduced the negro to a condition
closely resembling slavery in certain of its aspects. The Fourteenth
Amendment was designed to remedy such a condition by forbidding the
states to abridge the privileges of citizens, or to deprive persons of
life, liberty or property. Were the very vague phrases of the Amendment
merely in keeping with the vagueness of many of the other grants of
power in the Constitution, or were they designedly expressed in such a
way as to accomplish something more than the protection of the
freedman?
The first decision of the Supreme Court involving the Amendment was
that given in the Slaughter House Cases in 1873, which did not concern
the negro in any way. In 1869 the legislature of Louisiana had given a
corporation in that state the exclusive right to slaughter cattle
within a large area, and had forbidden other persons to construct
slaughter-houses within the limits of this region, but the corporation
was to allow any other persons to use its buildings and equipment,
charging fixed fees for the privilege. Cases were brought before the
courts to determine whether the law violated that part of the
Fourteenth Amendment which forbids a state to pass laws abridging the
privileges of citizens and taking away their property without due
process of law. By a vote of five to four the Court upheld the
constitutionality of the statute.
The majority held that the purpose of the Amendment was primarily the
protection of the negro. This purpose, the Court thought, lay at the
foundation of all three of the war amendments and without it no one of
them would ever have been suggested. The majority did not believe that
the Congress which passed the amendments or the state legislatures
which ratified them intended to transfer the protection of the great
body of civil rights from the states to the federal government. Neither
did they think that due process of law had been interfered with by the
Louisiana legislation. In reply to the objection that the
slaughter-house law violated the clause, "nor shall any State deny to
any person within its jurisdiction the equal protection of the laws,"
the majority declared:
We doubt very much whether any action of a State not directed by
way of discrimination against the negroes as a class, or on account
of their race, will ever be held to come within the purview of this
provision.
In brief, then, the majority was inclined to preserve the balance
between the states and the national government very much as it had
been. It believed that the amendments should be applied mainly if not
wholly to the fortunes of the freedman and that judicial review of such
legislation as that in Louisiana concerning the slaughter of cattle
should end in the state courts.
Public-domain text, read in full here on John Shaqi.
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