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Debating the Civil Rights Act of 1875

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Debating the Civil Rights Act of 1875 Social Education 81(5), pp. 323–327 ©2017 National Council for the Social Studies Teaching with Documents 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.
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