An introduction to the civil rights act of 1875

Wilson summarized what he considered to be the purpose of the act as follows, when he introduced the legislation in the House of Representatives: Do they mean that in all things civil, social, political, all citizens, without distinction of race or color, shall be equal? By no means can they be so construed.

An introduction to the civil rights act of 1875

Reproduced in the Senate Reportpg. Halbrook is the author of Freedmen, the Fourteenth Amendment, and the Right to Bear Arms, which may be obtained from amazon. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Sandford, [1] "it would give to persons of the negro race Since the Fourteenth Amendment was meant to overrule Dred Scott by extending individual constitutional rights to black Americans and by providing protection thereof against state infringement, [7] the question arises whether the framers of Amendment XIV and related enforcement legislation recognized keeping and bearing arms as an individual right on which no state could infringe.

Given the unanimity of opinion concerning state regulation of privately held arms by the legislators who framed the Fourteenth Amendment and its enforcement legislation, it is surprising that judicial opinions and scholarly articles fail to analyze the Reconstruction debates.

Furthermore, both proponents and opponents of slavery were cognizant that an armed black population meant the abolition of slavery, although plantation slaves were often trusted with arms for hunting. While originally they considered it a "white man's war," Northern authorities by were organizing black regiments on a wide scale.

At the same time, black civilians were forced to arm themselves privately against mob violence. During the anti-draft riots in New York, according to a Negro newspaper of the time, "The colored men who had manhood in them armed themselves, and threw out their pickets every day and night, determined to die defending their homes Most of the colored men in Brooklyn who remained in the city were armed daily for self-defense.

As the movement began before the end of the war for the complete abolition of slavery via the Thirteenth Amendment, members of the U. Congress recognized the key role that the bearing of arms was already playing in the freeing of the slaves.

In debate over the proposed Amendment, Rep. Let proclamations be withdrawn, let statutes be repealed, let our armies be defeated, let the South achieve its independence, yet come out of the war Their personal status is enhanced They will not be returned to slavery.

Arguing for speedy adoption of the Thirteenth Amendment, Rep. Kelly cited a letter from a U. Without emancipation, followed by the arming of the slaves, rebel slavery would not have been overcome.

In support of Senate Bill No. This bill proposes to take away from the States this police power Still, supporters of the bill were soon to contend that arms bearing was a basic right of citizenship or personhood.

In the meantime, the legislators turned their attention to the Freedmen's Bureau Bill. Trumbull cited a report from Vicksburg, Mississippi which stated: He has a defined status; he has a country and a home; a right to defend himself and his wife and children; a right to bear arms Nearly every white man in that State that could bear arms was in the rebel ranks.

Nearly all of their able-bodied colored men who could reach our lines enlisted under the old flag.

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Many of these brave defenders of the nation paid for the arms with which they went to battle The "reconstructed" State authorities of Mississippi were allowed to rob and disarm our veteran soldiers A chief exponent of the amendment, Sen. Florida makes it a misdemeanor for colored men to carry weapons without a license to do so from a probate judge, and the punishment of the offense is whipping and the pillory.

South Carolina has the same enactments Cunning legislative devices are being invented in most of the States to restore slavery in fact.

Sumner explained to his fellow Republicans in support of black suffrage in the District of Columbia. Of whom will that militia consist?

An introduction to the civil rights act of 1875

Speaker, it will consist only of the black men of Alabama. The white men will not degrade themselves by going into the ranks and becoming a part of the militia of the State with negroes Are the civil laws of Alabama to be enforced by this negro militia?

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Are white men to be disarmed by them? The famous report by Rep. That whoever shall, without due process of law, by violence, intimidation, or threats, take away or deprive any citizen of the United States of any arms or weapons he may have in his house or possession for the defense of his person, family, or property, shall be deemed guilty of a larceny thereof, and be punished as provided in this act for a felony.

Butler explained the purpose of this provision in these words: Section eight is intended to enforce the well-known constitutional provision guaranteeing the right in the citizen to "keep and bear arms," and provides that whoever shall take away, by force or violence, or by threats and intimidation, the arms and weapons which any person may have for his defense, shall be deemed guilty of larceny of the same.

This provision seemed to your committee to be necessary, because they had observed that, before these midnight marauders made attacks upon peaceful citizens, there were very many instances in the South where the sheriff of the county had preceded them and taken away the arms of their victims.The Civil Rights Act of (Pub.L.

88–, 78 Stat. , enacted July 2, ) is a landmark civil rights and US labor law in the United States that outlaws discrimination based on race, color, religion, sex, or national origin.

It prohibits unequal application of voter registration requirements, racial segregation in schools, employment, and public accommodations. In , The United States Supreme Court ruled that the Civil Rights act of , forbidding discrimination in hotels, trains, and other public spaces, was unconstitutional and not authorized by.

A Brief Note On The Civil Rights Act - The act is a civil rights law that prohibits discrimination based on disability. It provides similar protection against discrimination of disabled Americans as the Civil Rights Act . The Civil Rights Act of was the last major aim of the Reconstruction period and was the last piece of civil rights legislation to pass through Congress until Defining the Legislation The Civil Rights Act of was a far-reaching measure that was introduced to Congress by Massachusetts (Radical) Republican Senator Charles Sumner.

The Civil Rights Act of , 14 Stat. 27–30, enacted April 9, , was the first United States federal law to define citizenship and affirm that all citizens are equally protected by the law.

It was mainly intended, in the wake of the American Civil War, to protect the civil rights of persons of African descent born in or brought to the United States.

The Civil Rights Act of February 04, Image courtesy of Moorland-Spingarn Research Center Before entering Congress in , Representative James Rapier of Alabama worked as a newspaperman, a cotton planter, and as a state civil servant.

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