Debating the Civil Rights Act of 1875

Andrew Zetts

Less than 10 years after slavery was declared unconstitutional, a black Congressman black men on the House Floor was, in and the former vice president of the Confederate States of America squared off in itself, an argument in favor of the bill.”7 the House of Representatives to contest wildly different post-war agendas. Their This debate between black congress- debate, and the piece of legislation in question, as well as the American public’s men and white Democratic representa- response, reveal the extent to which deep-seated racial prejudice obstructed civil tives—some of whom were pardoned rights advances in the post-Civil War Reconstruction era. Confederates—attests to the advances made by previous Reconstruction leg- Despite the many shortcomings of was declared unconstitutional by the islation. Just a few years before, these Reconstruction, the era produced a Supreme Court in its ruling on the African American congressmen would long record of legislation that aimed to Civil Rights Cases. By looking at the not have been free and able to confront expand and protect the civil rights of lifecycle of this piece of legislation, we the white congressmen in the legislature the newly freed black population. The see some of the greatest conundrums of to advocate for their equality. Freedmen’s Bureau Act, the Civil Rights Reconstruction, the competing interests, On January 5, 1875, Democrat Act of 1866, the three Reconstruction and the participation of Americans in Alexander Stephens, a white represen- Acts, as well as the Thirteenth, Four- shaping this important period as they tative from Georgia, delivered a much teenth, and Fifteenth Amendments to debated what it meant to be an American anticipated speech about his disapproval the Constitution all sought to better citizen. of the proposed civil rights legislation, in integrate the millions of new citizens On the very first day of the 43rd which he claimed his African American into American society on the basis of Congress of the United States, December constituents did not want the rights out- equal citizenship.1 Another piece of such 1, 1873, Senator Charles Sumner submit- lined in the bill. According to the Daily legislation was the Civil Rights Act of ted his proposal for an extension of the Chronicle & Sentinel, he stated: 1875. This radical act represented the Civil Rights Act of 1866—its contents Republican reformers’ goals for the would eventually become the basis of the In point of fact, I do not believe period and asserted: Civil Rights Act of 1875.3 The first form the colored people of Georgia of this bill was submitted in 1870, but have any desire for mixed schools, That all persons within the juris- languished in the House for a few years; and very little, indeed, for mixed diction of the United States shall however, in the coming weeks it found churches, as contemplated by this be entitled to the full and equal new life.4 Sumner’s proposed bill received measure…They have no desire enjoyment of the accommoda- support from some of his Republican for anything partaking of the tions, advantages, facilities, and colleagues, especially Benjamin character of social rights; and if privileges of inns, public convey- Butler, chair of the House Judiciary the people, colored and white, in ances on land or water, theaters, Committee, who submitted a similar the several Southern States, shall and other places of public amuse- bill to the House.5 As the bill gained be left to themselves to work ment; subject only to the condi- support from Republicans, it seemed it out their own destiny under the tions and limitations established was gaining opposition in equal measure present system, subject alone to by law, and applicable alike to from Democrats. Equipped with master the controlling law of Justice, as citizens of every race and color, orators, the Democrats voiced dissent before stated, without external regardless of any previous condi- on the House Floor, with few white interference of any sort, it will, in tion of servitude.2 Republicans ready with retorts.6 It was, my judgement, be infinitely better “the black Representatives [who] carried for both races.8 However, the Act’s ambitions were the debate on the measure throughout controversial from the start and its lifes- the 43rd Congress by making some of While many people will see this pan proved to be short. On October their most famous and impassioned speech as presumptuous and misin- 15, 1883, the Civil Rights Act of 1875 speeches. The record-breaking seven formed, it becomes even more shocking

October 2 017 323 when one considers that 10 years earlier which they could not prostitute Reverend Fields Cook invoked the Representative Stephens had been vice to the base uses of slavery—shall power of the Civil Rights Act of 1875 president of the Confederate States of be accorded to those who even to take hotel clerk Upton Newcomer America (CSA) in Richmond, Virginia. in the darkness of slavery kept to court. Cook had traveled from Should the former vice president of the their allegiance true to freedom Alexandria, Virginia, to Philadelphia CSA be relied on to define U.S. citizen- and the Union.11 to attend a religious convention in 1876. ship rights? Should he have been allowed Newcomer had denied him a room and to hold congressional office? Such is the News of this debate reached constit- forced him to sleep in the lobby. The jury murkiness of Reconstruction. Moments uents throughout the country. African found Newcomer guilty and the judge after Stephens’s speech, Democratic Americans organized to express sup- imposed a hefty fine. Rep. John T. Harris of Virginia made port for the bill and submitted a peti- Court cases began springing up around his case on the bill, but then added, tion to Congress on January 26, 1874. the country, but not all cases were as suc- “I defy any man to say that the black A group of 11,000 African American cessful. One of the main issues was that man is the equal of the white man.”9 citizens gathered in Atlanta to validate the federal courts did not exactly know This comment was met with objection Representative Elliott’s speech, and how to interpret the Civil Rights Act of from African American Representative implore Congress to 1875. For instance, when Murray Stanley Alonzo J. Ransier of South Carolina, was taken to court for refusing dining ser- who sat just across the aisle from him. [S]peedily pass the Civil Rights vices to Bird Gee because of his race, the Harris’s response?: “You sit down, Sir; I Bill, now under consideration in federal district court could not come to a am talking to white men and gentlemen, Congress, as the earnest request consensus on how to implement the prec- and not you.”10 of the above stated citizens; with edents set forth by the Act. Therefore, In effect, despite gaining representa- further request that your honor- they filed a certificate of division for tion in Congress and protection by the able bodies will, in view of the the United States v. Stanley case, which law, African Americans were continu- unjust manner in which we are sent it to the Supreme Court for review. ally suppressed by their white counter- now treated by the Legislature Eventually, the case was combined with parts. The day after Stephens’s speech and judicial tribunals in this four others that dealt with private busi- and the altercation between Harris and State, enact such laws as … are nesses or employees infringing on the Ransier, a young African American man necessary to secure each citizen in the rights of African American citizens. named Robert Elliott, a Republican the United States, without regard The Civil Rights Cases waited for years Representative from South Carolina, to race, color, or previous con- to be heard; the Supreme Court finally detailed his support for the bill and iden- dition of servitude, equal, civil debated and came to a ruling in 1883.14 tified the shortcomings of the argument and political rights, privileges In an eight to one vote, the Supreme that equal rights may be denied on the and immunities before the law.12 Court declared the Civil Rights Act basis of states’ rights. Near the conclu- of 1875 unconstitutional on October sion of his speech, he directly addressed On February 3, Senator James 15, 1883. In the Court’s opinion, Chief Stephens: Flanagan of Texas presented the peti- Justice Joseph Bradley wrote, tion to the Senate.13 The petitioners’ Sir, it is scarcely twelve years efforts were rewarded when Sumner’s On the whole, we are of the since that gentleman shocked bill became law on March 1, 1875. Many opinion that no countenance the civilized world by announc- factors contributed to the bill’s passage, of authority for the passage ing the birth of a government but black citizens’ participation in the of the law in question can be which rested on human slavery debate is noteworthy given that they found in either the Thirteenth as its corner-stone. The progress had been historically denied the social or Fourteenth Amendment of of events has swept away that and political means to advocate for their the Constitution, and no other pseudo-government which rested rights. They joined a post-Civil War tra- ground of authority for its pas- on greed, pride, and tyranny; and dition of black citizens openly wielding sage being suggested, it must be the race whom he then ruthlessly their rights to challenge white hegemony declared void, at least so far as spurned and trampled on are and to create a more inclusive country. its operation in the several States here to meet him in debate, and With the legislation in place, African is concerned.15 to demand that the rights which American citizens now had the backing are enjoyed by their former of the federal government to assert the In the lone dissent, Justice John Harlan oppressors—who vainly sought right to equal access to public accommo- stated, to overthrow a Government dations. In United States v. Newcomer,

Social Education 324 Sumner’s Bill: https://www.docsteach.org/documents/document/sumner-civil-rights-bill Sumner’s

October 2 017 325 It is fundamental in American during Reconstruction; the Supreme a complex and crooked trajectory.17 citizenship that, in respect of Court’s decision in 1883 further reduced such rights, there shall be no the gains made. Notes discrimination by the State, or Although the failures of the era 1. F.L. Carr, “A Timeline of Reconstruction: 1865- 1877,” George Mason University (June 23, 1998), its officers, or by individuals or had real and severe consequences for http://chnm.gmu.edu/courses/122/recon/chron.html. corporations exercising public African Americans, they were never This source provides a terrific timeline of Reconstruction. functions or authority, against an inevitable fate. By studying epi- 2. U.S. Congress, “An Act to Protect All Citizens in any citizen because of his race or sodes and socio-political battles of their Civil and Legal Rights,” Statutes at Large. 43rd previous condition of servitude. Reconstruction like this one, students of Congress, 2nd Session, Volume 18, Part 3. 1 March 1875. From Library of Congress, A Century of history can get a better idea of how this Lawmaking for a New Nation: U.S. Congressional With federal troops removed from the period unfolded. The progress of social Documents and Debates, 1774–1875, at https:// memory.loc.gov. Pages 335–337 of this document South in 1877, the Civil Rights Act of justice and civil rights was not linear, provides the entire text for the Civil Rights Act of 1875 was one of the only remnants of but was determined by individuals and 1875. the protections black citizens obtained groups who advanced these rights along 3. “Black Americans in Congress: Legislative Interests,”

Atlanta Petition: https://www.docsteach.org/documents/document/memorial-of-the-colored-people-of-georgia-in-favor-of-the-sumner-civil-rights-bill

Social Education 326 History, Art & Archives, United States House of tives Addressing the Civil Rights Bill of 1875, www. Reconstruction from an analytical and nuanced Representatives, http://history.house.gov/Exhibitions- law.nyu.edu/sites/default/files/civilrightsactspeeches. perspective. She then outlines how she teaches the and-Publications/BAIC/Historical-Essays/Fifteenth- pdf. subject in her college courses, shedding light on Amendment/Legislative-Interests/. 12. A copy of the original petition is available on the some of the more complicated topics within the era. 4. Eric Foner, Reconstruction: America’s Unfinished National Archive’s website, DocsTeach. Memorial Geoff Eley’s, A Crooked Line: From Cultural Revolution, 1863-1877 (New York: Harper & Row, of the Colored People of Georgia in Favor of the History to the History of Society, provides a great Publishers, 1988): 532. Sumner Civil Rights Bill; 1/26/1874; Records of theoretical framework for how we think about and 5. “Black Americans in Congress: Legislative Interests.” the U.S. House of Representatives, Record Group study the unfolding of history. A copy of Sumner’s original 1873 proposal is avail- 233. (Online Version, www.docsteach.org/docu able on the National Archive’s website, DocsTeach. ments/document/memorial-of-the-colored-peo ple- Sumner Civil Rights Bill; 12/1/1873; Records of of-georgia-in-favor-of-the-sumner-civil-rights-bill, the U.S. House of Representatives, Record Group August 14, 2017). 233 (Online Version, www.docsteach.org/ 13. “Congressional,” Daily Chronicle & Sentinel (Feb. Andrew Zetts is a social studies teacher at documents/document/sumner-civil-rights-bill, 4, 1874). Jenkintown Middle/High School in Jenkintown, August 14, 2017). 14. The other four court cases in the Civil Rights Cases Pennsylvania, and a graduate student at Vil- 6. “Black Americans in Congress: Legislative Interests.” were United States v. Ryan, United States v. Nichols, lanova University. You can reach him at zettsa@ 7. Ibid. United States v. Singleton, and Robinson and wife jenkintown.org. 8. “Speech for Hon. Alexander H. Stephens of v. Memphis & Charleston R.R. Co. Kimberlee Ried and Andrea (Ang) Georgia,” Daily Chronicle & Sentinel (Jan. 9, 1874). 15. “Civil Rights Cases,” Legal Information Institute, Reidell served as co-editors on this article. 9. “Congress. Debate of the Civil Rights Bill. The www.law.cornell.edu/ supreme court/ Kimberlee is the public programs specialist at Controversy Between the Democrats and the text/109/3#writing-USSC_CR_0109_0003_ZD. the National Archives in Kansas City and can be Colored Men—Argument of Alexander H. 16. Rosen, Hannah, “Teaching Race and Recon- reached at [email protected]. Ang is the struction,” Journal of the Civil War 7, no. 1 (2017): Stephens,” The New York Times (Jan. 6, 1874). education specialist at the National Archives in 10. Ibid. 67–95. doi: https://doi.org/10.1353/cwe.2017.0013. This is an incredible source for those teaching Philadelphia and can be reached at andrea.reidell@ 11. Elliott, Robert, Speech on Floor of United States Reconstruction. In the first portion of the article, nara.gov. House of Representatives (Jan. 6, 1874), Neglected Rosen discusses why it is imperative to teach Voices: Speeches of African-American Representa-

Teaching Activities

Civil Rights Act of 1875 Debate Simulation quotations—a combination from the two documents—to • First, have students read Sumner’s Civil Rights proposal which the journalist should react. Students can use differ- from 1873. Then break the class up into groups that rep- ent quotes for each article or the same three, which may resent the different political party allegiances and agendas make it interesting to see how each perspective treats the of the Congress that first debated Sumner’s proposal. same quotes differently. Have them debate the bill according to their assigned positions. There will be a final vote on the bill at the end of the debate to determine the fate of the bill.

Cartoon • Have students read the “Memorial of the Colored People of Georgia in Favor of the Sumner Civil Rights Bill” petition and create a comic strip—this should be a page of cartoon panels—that illustrates the events, people, and legislation described in the document. Because the document offers such rich perspective and imagery, a cartoon strip allows for students to synthesize the event in narra- tive and visual form.

Newspaper Articles For a more detailed description of each of the groups involved • Have students read Sumner’s bill proposal and the in the debate, as well as other specifics for the activity, please “Memorial of the Colored People of Georgia in Favor listen to the podcast at the NCSS webpage: www.socialstudies. of the Sumner Civil Rights Bill” petition. Then have org/publications/podcast-collection. them write two news articles reporting and reacting to the petition: one from the perspective of a supportive For other activities based on these documents and others newspaper and another from the perspective of a criti- from Reconstruction, please see the the National Archives’ cal newspaper. Each article should contain at least three website, DocsTeach: www.docsteach.org/.

October 2 017 327