Mexican Americans, Racial Discrimination, and the Civil Rights Act of 1866 Gary A
Mexican Americans, Racial Discrimination, and the Civil Rights Act of 1866 Gary A. Greenfield* and Don B. Kates, Jr.*- The authors examine the legislative history of section one of the Civil Rights Act of 1866, scientific concepts of race and racial classifica- tions, state racial statutes and litigation, the early federal naturaliza- tion law, the perception of Mexican Americans in the Southwest, and the discrimination which the Mexican American has encountered. They conclude that Mexican Americans generally have been per- ceived as a nonwhite racial group and that the discrimination they have encountered has been based upon that perception. They fur- ther conclude that Mexican Americans are entitled to the protections of section one of the Civil Rights Act of 1866. Since the Civil War, Congress has enacted a number of statutes designed to eradicate various forms of discrimination. The earliest of these statutes was the Civil Rights Act of 1866.1 The first section of that Act read: That 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 involun- tary 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 con- tracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of per- son and property, as is enjoyed by white citizens, and shall be subject to like punishment, pains, and penalties, and to none other, any law, statute, ordinance, regulation, or custom, to the contrary not- withstanding.
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