Significant Documents in African American History
Significant Documents in African American History
Lean’tin L. Bracks
The text of proclamations and orders, legislative enactments, speeches, letters, and even poems and songs representing the course of American history display the presence of African Americans in the yesterday of this country and provide a picture of the changing place they have held in the national consciousness. The documents collected here separately capture for a moment in time the African American’s role in American society. However, together these documents bear witness to the African American experience.
The Mennonites, a group of Protestant Christians who settled mainly in Pennsylvania and the Northwest Territory, rejected the use of violence, refused to bear arms or take oaths, and advocated the separation of church and state and the separation of their community from society. The Germantown Mennonite resolution against slavery represents one of the earliest protests against slavery in colonial America. It was passed 69 years after the introduction of the first African slaves in America, at a time when the number of slaves in the colonies was comparatively small. It was not until 1775, however, that the Quakers, a religious group similarly opposed to the institution, formed the first antislavery society in the colonies.
This is to the monthly meeting held at Richard Worrell’s:
These are the reasons why we are against the traffic of men-body, as followeth: Is there any that would be done or handled at this manner? viz., to be sold or made a slave for all the time of his life? How fearful and faint-hearted are many at sea, when they see a strange vessel, being afraid it should be a Turk, and they should be taken, and sold for slaves into Turkey. Now, what is this better done, than Turks do? Yea, rather it is worse for them, which say they are Christians; for we hear that the most part of such negers are brought hither against their will and consent, and that many of them are stolen. Now, though they are black, we cannot conceive there is more liberty to have them slaves, as it is to have other white ones. There is a saying, that we should do to all men like as we will be done ourselves; making no difference of what generation, descent, or colour they are. And those who steal or rob men, and those who buy or purchase them, are they not all alike? Here is liberty of conscience, which is right and reasonable; here ought to be likewise liberty of the body, except of evil-doers, which is another case. But to bring men hither, or to rob and sell them against their will, we stand against. In Europe there are many oppressed for conscience-sake; and here there are those oppressed which are of a black colour. And we who know that men must not commit adultery—some do commit adultery in others, separating wives from their husbands, and giving them to others: and some sell the children of these poor creatures to other men. Ah! do consider well this thing, you who do it, if you would be done at this manner—and if it is done according to Christianity! You surpass Holland and Germany in this thing. This makes an ill report in all those countries of Europe, where they hear of [it], that the Quakers do here handel men as they handel there the cattle. And for that reason some have no mind or inclination to come hither. And who shall maintain this your cause, or plead for it? Truly, we cannot do so, except you shall inform us better hereof, viz.: that Christians have liberty to practice these things. Pray, what thing in the world can be done worse towards us, than if men should rob or steal us away, and sell us for slaves to strange countries; separating husbands from their wives and children. Being now this is not done in the manner we would be done at; therefore, we contradict, and are against this traffic of men-body. And we who profess that it is not lawful to steal, must, likewise, avoid to purchase such things as are stolen, but rather help to stop this robbing and stealing, if possible. And such men ought to be delivered out of the hands of the robbers, and set free as in Europe. Then is Pennsylvania to have a good report, instead, it hath now a bad one, for this sake, in other countries; especially whereas the Europeans are desirous to know in what manner the Quaker do rule in their province; and most of them do look upon us with an envious eye. But if this is done well, what shall we say is done evil?
If once these slaves (which they say are so wicked and stubborn men) should join themselves—fight for their freedom, and handel their masters and mistresses, as they did handel them before; will these masters and mistresses take the sword at hand and war against these poor slaves, like, as we are able to believe, some will not refuse to do? Or, have these poor negers not as much right to fight for their freedom, as you have to keep them slaves?
Now consider well this thing, if it is good or bad. And in case you find it to be good to handel these black in that manner, we desired and require you hereby lovingly, that you may inform us herein, which at this time never was done, viz., that Christians have such a liberty to do so. To the end we shall be satisfied on this point, and satisfy likewise our good friends and acquaintances in our native country, to whom it is a terror, or fearful thing, that men should be handled so in Pennsylvania.
This is from our meeting at Germantown, held ye 18th of the 2nd month, 1688, to be delivered to the monthly meeting at Richard Worrell’s.
Derick op de Graeff,
Francis Daniel Pastorius,
Abram op de Graeff.
A concept of particular interest to eighteenth-century men and women was the theory of natural rights, the idea that all individuals possess certain fundamental rights that no government can deny. Using this argument as a justification for revolt, the American colonists, on July 4, 1776, formally announced their intention to separate from Great Britain in a Declaration of Independence.
The responsibility of writing this document was given to Thomas Jefferson. In his original draft, Jefferson included among the colonists’ grievances the denial of the “most sacred rights of life and liberty” to African slaves. However, the draft was revised, and the final version of the declaration was accepted by Congress without Jefferson’s indictment against slavery.
In Congress, July 4, 1776. The unanimous Declaration of the thirteen United States of America,
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the Powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.—Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together Legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of Fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the state remaining in the meantime exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the Population of these States; for that purpose obstructing the Laws of Naturalization of Foreigners; refusing to pass others to encourage their migration hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary Powers.
He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our People, and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislature.
He has affected to render the Military independent of and superior to the Civil Power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their acts of pretended legislation:
For quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from Punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offenses:
For abolishing the free System of English Laws in a neighboring Province, establishing therein in an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
For suspending our own Legislature, and declaring themselves invested with Power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large armies of foreign mercenaries to complete the works of death, desolation and tyranny, already begun with circumstances of Cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy of the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.
In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free People.
Nor We have been wanting in attention to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace, Friends.
We, therefore, the Representatives of the United States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the Protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.
Thomas Jefferson’s attitudes regarding African slaves wavered during the course of his life. In his early years, Jefferson thought Africans to be biologically inferior. Later, spurred by his conviction that natural rights should be accrued to all men, he decided that slavery had a destructive conditioning effect that stamped Africans with “odious peculiarities.”
When Jefferson was assigned the task of drafting a declaration calling for separation from Great Britain, he included a short, passionate attack on King George III’s indulgence of the slave traffic. However, at the request of delegates from South Carolina and Georgia and of Northern delegates whose ports sheltered and profited from slave ships, the clause was omitted from the final version. Many historians and critics have since argued that the elimination of this passage offers adequate proof that Africans in America were never meant to share in the fruits of independence and equality in their adopted homeland.
He [King George III] has waged cruel war against human nature itself, violating its most sacred rights of life and liberty in the persons of a distant people who never offended him, captivating and carrying them into slavery in another hemisphere, or to incur miserable death in their transportation thither. This piratical warfare, the opprobrium of infidel powers, is the warfare of the Christian king of Great Britain. Determined to keep open a market where MEN should be bought and sold, he has prostituted his negative for suppressing every legislative attempt to prohibit or restrain this execrable commerce.
Drawn up in 1787 and ratified a year later, the Constitution of the United States outlines the fundamental principles upon which the American republic is built. In a historical context, the Constitution and its amendments are a manifestation of the issues that have faced Americans and their attempts at resolving these issues.
Among the concepts important to Americans living during the eighteenth century were the ideas that all people are created equal and are endowed with certain unalienable rights, and that a government derives its power from the consent of those it governs. However, despite the fact that almost twenty percent of the population was bound in slavery, the economic and social arguments of the time regarding the status of African slaves overrode the tenets of natural rights. In 1857, Chief Justice Roger Brook Taney, delivering the Court’s opinion in the case Dred Scott v. Sandford, summarized the attitude of the writers of the Constitution toward African slaves.
. . . They are not included, and were not intended to be included, under the word “citizens” in the constitution, and can therefore claim none of the rights and privileges which that instrument provides and secures. . . . On the contrary, they were at that time considered as a subordinate and inferior class of beings. . . .
Specifically, Article I, Sections 2 and 9, and Article IV, Section 2, of the Constitution deal directly with the status of Africans in America.
We the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Section 2. . . . Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three-fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of Ten Years, in such manner as they shall by Law direct ....
Section 9. The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person . . . .
Section 2. The Citizens of each State shall be entitled to all privileges and Immunities of Citizens in the several States.
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.
Ratified in 1791, the first ten amendments to the Constitution of the United States, commonly referred to as the Bill of Rights, further outline the fundamental rights and freedoms of citizens of the United States. This set of additions to the Constitution was a crucial part of the constitutional ratification process (several states had only ratified the Constitution on the condition that a bill of rights would be added), since eighteenth-century Americans held dearly to the concept of personal freedom. Despite these beliefs, it was not until after ratification of the Fourteenth Amendment to the Constitution and several civil rights laws that the freedoms protected in the Bill of Rights were extended to all United States citizens.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
No Soldier, shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The Fugitive Slave Act of 1793 was designed to enforce Article IV, Section 2 of the Constitution and incur penalties against those who aided or abetted attempts of slaves to escape bondage.
Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever the executive authority of any state in the Union, or of either of the territories northwest or south of the river Ohio, shall demand any person as a fugitive from justice, of the executive authority of any such state or territory to which such person shall have fled, and shall moreover produce the copy of an indictment found, or an affidavit made before a magistrate of any state or territory as aforesaid, charging the person so demanded, with having committed treason, felony or other crime, certified as authentic by the governor or chief magistrate of the state or territory from whence the person so charged fled, it shall be the duty of the executive authority of the state or territory to which such person shall have fled, to cause him or her to be arrested and secured, and notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear: But if no such agent shall appear within six months from the time of the arrest, the prisoner may be discharged. And all costs or expenses incurred to the state or territory making such demand, shall be paid by such state or territory.
Section 2. And be it further enacted, That any agent, appointed as aforesaid, who shall receive the fugitive into his custody, shall be empowered to transport him or her to the state or territory from which he or she shall have fled. And if any person or persons shall by force set at liberty, or rescue the fugitive from such agent while transporting, as aforesaid, the person or persons so offending shall, on conviction, be fined not exceeding five hundred dollars, and be imprisoned not exceeding one year.
Section 3. And be it also enacted, That when a person held to labour in any of the United States, or in either of the territories on the northwest or south of the river Ohio, under the laws thereof, shall escape into any other of the said states or territory, the person to whom such labour or service may be due, his agent or attorney, is hereby empowered to seize or arrest such fugitive from labour, and to take him or her before any judge of the circuit or district courts of the United States, residing or being within the state, or before any magistrate of a county, city or town corporate, wherein such seizure or arrest shall be made, and upon proof to the satisfaction of such judge or magistrate, either by oral testimony or affidavit taken before and certified by a magistrate of any such state or territory, that the person so seized or arrested, doth, under the laws of the state or territory from which he or she fled, owe service or labour to the person claiming him or her, it shall be the duty of such judge or magistrate to give a certificate thereof to such claimant, his agent or attorney, which shall be sufficient warrant for removing the said fugitive from labour, to the state or territory from which he or she fled.
Section 4. And be it further enacted, That any person who shall knowingly and willing obstruct or hinder such claimant, his agent or attorney in so seizing or arresting such fugitive from labour, or shall rescue such fugitive from such claimant, his agent or attorney when so arrested pursuant to the authority herein given or declared; or shall harbor or conceal such person after notice that he or she was a fugitive from labour, as aforesaid shall, for either of the said offenses, forfeit and pay the sum of five hundred dollars. Which penalty may be recovered by and for the benefit of such claimant, by action of debt, in any court proper to try the same; saving moreover to the person claiming such labour or service, his right of action for or on account of the said injuries or either of them.
Despite the framers of the Constitution’s handling of the slavery issue, influential opponents to slavery attempted to exert pressure on the Congress to enact an anti-slavery amendment to the Constitution. Among such groups was the Pennsylvania Society for Promoting the Abolition of Slavery and the Relief of Free Negroes Unlawfully Held in Bondage. Over the signature of the president of the Society, Benjamin Franklin, the following “Address to the Public,” urging abolition, was made on November 9, 1789.
It is with peculiar satisfaction we assure the friends of humanity that, in prosecuting the design of our association, our endeavors have proved successful, far beyond our most sanguine expectations.
Encouraged by this success, and by the daily progress of that luminous and benign spirit of liberty which is diffusing itself throughout the world, and humbly hoping for the continuance of the divine blessing on our labors, we have ventured to make an important addition to our original plan; and do therefore earnestly solicit the support and assistance of all who can feel the tender emotions of sympathy and compassion, or relish the exalted pleasure of beneficence.
Slavery is such an atrocious debasement of human nature, that its very extirpation, if not performed with solicitous care, may sometimes open a source of serious evils.
The unhappy man, who has long been treated as a brute animal, too frequently sinks beneath the common standard of the human species. The galling chains that bind his body do also fetter his intellectual faculties, and impair the social affections of his heart. Accustomed to move like a mere machine, by the will of a master, reflection is suspended; he has not the power of choice; and reason and conscience have but little influence over his conduct, because he is chiefly governed by the passion of fear. He is poor and friendless; perhaps worn out by extreme labor, age, and disease.
Under such circumstances, freedom may often prove a misfortune to himself, and prejudicial to society.
Attention to emancipated black people, it is therefore to be hoped, will become a branch of our national police; but, as far as we contribute to promote this emancipation, so far that attention is evidently a serious duty incumbent on us, and which we mean to discharge to the best of our judgment and abilities.
To instruct, to advise, to qualify those who have been restored to freedom, for the exercise and enjoyment of civil liberty; to promote in them habits of industry; to furnish them with employments suited to their age, sex, talents, and other circumstances; and to procure their children an education calculated for their future situation in life—these are the great outlines of the annexed plan, which we have adopted, and which we conceive will essentially promote the public good, and the happiness of these our hitherto too much neglected fellow-creatures.
A plan so extensive cannot be carried into execution without considerable pecuniary resources, beyond the present ordinary funds of the Society. We hope much from the generosity of enlightened and benevolent free-men, and will gratefully receive any donations of subscriptions for this purpose which may be made to our Treasurer, James Starr, or to James Pemberton, Chairman of our Committee of Correspondence.
Signed by order of the Society,
B. FRANKLIN, President
Philadelphia, 9th of November, 1789
By the eighteenth century, the slavery of Africans had become a firmly entrenched institution of American life, particularly in the South where it was justified as an economic necessity. This argument notwithstanding, it was Washington’s decision, at the writing of his last will and testament in 1799, to free all those slaves which he held in his “own right.”
In the Name of God Amen
I, George Washington of Mount Vernon—a citizen of the United States,—and lately President of the same, do make, ordain and declare this Instrument; which is written with my own hand and every page thereof subscribed with my name, to be my last Will and Testament, revoking all other. . . . Upon the decease of my wife, it is my Will and desire that all the Slaves which I hold in my own right, shall receive their freedom. . . . And whereas among those who will receive freedom according to this devise, there may be some, who from old age or bodily infirmities, and others who on account of their infancy, that will be unable to support themselves; it is my Will and desire that all who come under the first and second description shall be comfortably clothed and fed by my heirs while they live;—and that such of the latter description as have no parents living, or if living are unable, or unwilling to provide for them, shall be bound by the Court until they shall arrive at the age of twenty-five year;—and in cases where no record can be produced, whereby their ages can be ascertained, the judgment of the Court upon its own view of the subject, shall be adequate and final.—The Negros thus bound, are (by their Masters or Mistresses) to be taught to read and write; and to be brought up to some useful occupation, agreeably to the Laws of the Commonwealth of Virginia, providing for the support of Orphan and other poor Children.—And I do hereby expressly forbid the Sale, or transportation out of the said Commonwealth of any Slave I may die possessed of, under any pretence what-soever.—And I do moreover most pointedly, and most solemnly enjoin it upon my Executors hereafter named, or the Survivors of them, to see that this clause respecting Slaves, and every part thereof be religiously fulfilled at the Epoch at which it is directed to take place; without evasion, neglect or delay, after the Crops which may then be on the ground are harvested, particularly as it respects the aged and infirm;—Seeing that a regular and permanent fund be established for their Support so long as there are subjects requiring it; not trusting to the uncertain provision to be made by individuals.—And to my Mulatto man William (calling himself William Lee) I give immediate freedom; or if he should prefer it (on account of the accidents which have befallen him, and which have rendered him incapable of walking or of any active employment) to remain in the situation he now is, it shall be optional in him to do so: In either case however, I allow him an annuity of thirty dollars during his natural life, which shall be independent of the victuals and cloaths he has been accustomed to receive, if he chooses the last alternative; but in full, with his freedom, if he prefers the first;—and this I give him as a testimony of my sense of his attachment to me, and for his faithful services during the Revolutionary War.
In adherence with the provisions of Article I, Section 9 of the Constitution, Congress passed and President Thomas Jefferson signed into law an act to end the slave trade. The act, however, which went into effect January 1, 1808, was not rigidly enforced. Evidence of this can be found in the fact that, between 1808 and 1860, some 250,000 slaves were illegally imported into the United States.
An Act to prohibit the importation of Slaves into any port or place within the jurisdiction of the United States, from and after the first day of January, in the year of our Lord one thousand eight hundred and eight.
Be it enacted, that from and after the first day of January, one thousand eight hundred and eight, it shall not be lawful to import or bring into the United States or the territories thereof from any foreign kingdom, place, or country, any negro, mulatto, or person of colour, as a slave, or to be held to service or labour.
Section 2. That no citizen of the United States, or any other person, shall, from and after the first day of January, in the year of our Lord one thousand eight hundred and eight, for himself, or themselves, or any other person whatsoever, either as master, factor, or owner, build, fit, equip, load or to otherwise prepare any ship or vessel, in any port or place within the jurisdiction of the United States, nor shall cause any ship or vessel to sail from any port or place within the same, for the purpose of procuring any negro, mulatto, or person of colour, from any foreign kingdom, place, or country, to be transported to any port or place whatsoever within the jurisdiction of the United States, to be held, sold, or disposed of as slaves, or to be held to service or labour: and if any ship or vessel shall be so fitted out for the purpose aforesaid, or shall be caused to sail so as aforesaid, every such ship or vessel, her tackle, apparel, and furniture, shall be forfeited to the United States, and shall be liable to be seized, prosecuted, and condemned in any of the circuit courts or district courts, for the district where the said ship or vessel may be found or seized….
Section 4. If any citizen or citizens of the United States, or any person resident within the jurisdiction of the same, shall, from after the first day of January, one thousand eight hundred and eight, take on board, receive or transport from any of the coasts or kingdoms of Africa, or from any other foreign kingdom, place, or country, any negro, mulatto, or person of colour in any ship or vessel, for the purpose of selling them in any port or place within the jurisdiction of the United States as slaves, or be held to service or labour, or shall be in any ways aiding or abetting therein, such citizen or citizens, or person, shall severally forfeit and pay five thousand dollars, one moiety thereof to the use of any person or persons who shall sue for and prosecute the same to effect….
Section 6. That if any person or persons whatsoever, shall, from and after the first day of January, one thousand eight hundred and eight, purchase or sell any negro, mulatto, or person, of colour, for a slave, or to be held to service or labour, who shall have been imported, or brought from any foreign kingdom, place, or country, or from the dominions of any foreign state, immediately adjoining to the United States, after the last day of December, one thousand eight hundred and seven, knowing at the time of such purchase or sale, such negro, mulatto, or person of colour, was so brought within the jurisdiction of the United States, as aforesaid, such purchaser and seller shall severally forfeit and pay for every negro, mulatto, or person of colour, so purchased, or sold as aforesaid, eight hundred dollars….
Section 7. That if any ship or vessel shall be found, from and after the first day of January, one thousand eight hundred and eight, in any river, port, bay, or harbor, or on the high seas, within the jurisdictional limits of the United States, or hovering on the coast thereof, having on board any negro, mulatto, or person of colour, for the purpose of selling them as slaves, or with intent to land the same, in any port or place within the jurisdiction of the United States, contrary to the prohibition of the act, every such ship or vessel, together with her tackle, apparel, and furniture, and the goods or effects which shall be found on board the same, shall be forfeited to the use of the United States, and may be seized, prosecuted, and condemned, in any court of the United States, having jurisdiction thereof. And it shall be lawful for the President of the United States, and he is hereby authorized, should he deem it expedient, to cause any of the armed vessels of the United States to be manned and employed to cruise on any part of the coast of the United States, or territories thereof, where he may judge attempts will be made to violate the provisions of this act, and to instruct and direct the commanders of armed vessels of the United States, to seize, take, and bring into any port of the United States all such ships or vessels, and moreover to seize, take, or bring into any port of the U.S. all ships or vessels of the U.S. wheresoever found on the high seas, contravening the provisions of this act, to be proceeded against according to law….
Freedom’s Journal, published by Samuel Cornish and John B. Russwurm, was the first African American owned and edited newspaper to be published in the United States. This editorial, printed here in its entirety, illustrates the Journal ’s aim at bringing an end to slavery and discrimination.
To Our Patrons
In presenting our first number to our Patrons, we feel all the diffidence of persons entering upon a new and untried line of business. But a moment’s reflection upon the noble objects, which we have in view by the publication of this Journal; the expediency of its appearance at this time, when so many schemes are in action concerning our people—encourage us to come boldly before an enlightened public. For we believe, that a paper devoted to the dissemination of useful knowledge among our brethren, and to their moral and religious improvement, must meet with the cordial approbation of every friend to humanity.
The peculiarities of this Journal, renders it important that we should advertise to the world our motives by which we are actuated, and the objects which we contemplate.
We wish to plead our own cause. Too long have others spoken for us. Too long has the public been deceived by misrepresentations, in things which concern us dearly, though in the estimation of some mere trifles; for though there are many in society who exercise towards us benevolent feelings; still (with sorrow we confess it) there are others who make it their business to enlarge upon the least trifle, which tends to the discredit of any person of colour; and pronounce anathemas and denounce our whole body for the misconduct of this guilty one. We are aware that there are many instances of vice among us, but we avow that it is because no one has taught its subjects to be virtuous; many instances of poverty, because no sufficient efforts accommodated to minds contracted by slavery, and deprived of early education have been made, to teach them how to husband their hard earnings, and to secure to themselves comfort.
Education being an object of the highest importance to the welfare of society, we shall endeavor to present just and adequate views of it, and to urge upon our brethren the necessity and expediency of training their children, while young, to habits of industry, and thus forming them for becoming useful members of society. It is surely time that we should awake from this lethargy of years, and make a concentrated effort for the education of our youth. We form a spoke in the human wheel, and it is necessary that we should understand our pendency on the different parts, and theirs on us, in order to perform our part with propriety.
Though not desiring of dictating, we shall feel it our incumbent duty to dwell occasionally upon the general principles and rules of economy. The world has grown too enlightened, to estimate any man’s character by his personal appearance. Though all men acknowledge the excellency of Franklin’s maxims, yet comparatively few practice upon them. We may deplore when it is too late, the neglect of these self-evident truths, but it avails little to mourn. Ours will be the task of admonishing our brethren on these points.
The civil rights of a people being of the greatest value, it shall ever be our duty to vindicate our brethren, when oppressed; and to lay the case before the public. We shall also urge upon our brethren, (who are qualified by the laws of the different states) the expediency of using their elective franchise; and of making an independent use of the same. We wish them not to become the tools of party.
And as much time is frequently lost, and wrong principles instilled, by the perusal of works of trivial importance, we shall consider it a part of our duty to recommend to our young readers, such authors as will not only enlarge their stock of useful knowledge, but such as will also serve to stimulate them to higher attainments in science.
We trust also, that through the columns of the FREEDOM’S JOURNAL, many practical pieces, having for their bases, the improvement of our brethren, will be presented to them, from the pens of many of our respected friends, who have kindly promised their assistance.
It is our earnest wish to make our Journal a medium of intercourse between our brethren in the different states of this great confederacy: that through its columns an expression of our sentiments, on many interesting subjects which concern us, may be offered to the public: that plans which apparently are beneficial may be candidly discussed and properly weighed; if worth, receive our cordial approbation; if not, our marked disapprobation.
Useful knowledge of every kind, and everything that relates to Africa, shall find a ready admission into our columns; and as that vast continent becomes daily more known, we trust that many things will come to light, proving that the natives of it are neither so ignorant nor stupid as they have generally been supposed to be.
And while these important subjects shall occupy the columns of the FREEDOM’S JOURNAL, we would not be unmindful of our brethren who are still in the iron fetters of bondage. They are our kindred by all the ties of nature; and though but little can be effected to us, still let our sympathies be poured forth and our prayers in their behalf, ascend to Him who is able to succor them.
From the press and the pulpit we have suffered much by being incorrectly represented. Men whom we equally love and admire have not hesitated to represent us disadvantageously, without becoming personally acquainted with the true state of things, nor discerning between virtue and vice among us. The virtuous part of our people feel themselves sorely aggrieved under the existing state of things—they are not appreciated.
Our vices and our degradation are ever arrayed against us, but our virtues are passed by unnoticed. And what is still more lamentable, our friends, to whom we concede all the principles of humanity and religion, from these very causes seem to have fallen into the current of popular feeling and are imperceptibly floating on the stream—actually living in the practice of prejudice, while they abjure it in theory, and feel it not in their hearts. Is it not very desirable that such should know more of our actual condition; and of our efforts and feelings, that in forming or advocating plans for our amelioration, they may do it more understanding? In the spirit of candor and humility we intend by a simple representation of facts to lay our case before the public, with a view to arrest the progress of prejudice, and to shield ourselves against the consequent evils. We wish to conciliate all and to irritate none, yet we must be firm and unwavering in our principles, and persevering in our efforts.
If ignorance, poverty and degradation have hitherto been our unhappy lot; has the Eternal decree gone forth, that our race alone are to remain in this state, while knowledge and civilization are shedding their enlivening rays over the rest of the human family? The recent travels of Denham and Clapperton in the interior of Africa, and the interesting narrative which they have published; the establishment of the republic of Haiti after years of sanguinary warfare; its subsequent progress in all the arts of civilization; and the advancement of liberal ideas in South America, where despotism has given place to free governments, and where many of our brethren now fill important civil and military stations, prove the contrary.
The interesting fact that there are FIVE HUNDRED THOUSAND free persons of color, one half of whom might peruse, and the whole be benefitted by the publication of the Journal; that no publication, as yet, has been devoted exclusively to their improvement—that many selections from approved standard authors, which are within the reach of few, may occasionally be made—and more important still, that this large body of our citizens have no public channel—all serve to prove the real necessity, at present, for the appearance of the FREEDOM’S JOURNAL.
It shall ever be our desire so to conduct the editorial department of our paper as to give offence to none of our patrons; as nothing is farther from us than to make it the advocate of any partial views, either in politics or religion. What few days we can number, have been devoted to the improvement of our brethren; and it is our earnest wish that the remainder may be spent in the same delightful service.
In conclusion, whatever concerns us as a people, will ever find a ready admission into the FREEDOM’S JOURNAL, interwoven with all the principal news of the day.
And while every thing in our power shall be performed to support the character of our Journal, we would respectfully invite our numerous friends to assist by their communications, and our coloured brethren to strengthen our hands by their subscriptions, as our labour is one of common cause, and worthy of their consideration and support. And we most earnestly solicit the latter, that if at any time we should seem to be zealous, or too pointed in the inculcation of any important lesson, they will remember, that they are equally interested in the cause in which we are engaged, and attribute our zeal to the peculiarities of our situation; and our earnest engagedness in their well-being.
The Liberator, one of the most well-known abolitionist newspapers in the nineteenth century, was published weekly out of Boston, Massachusetts between 1831 and 1865. The paper’s founder, William Lloyd Garrison, who was also the founder of the American Anti-Slavery Society, was white. However, most of The Liberator ’s subscribers were black. During 34 years of publication, Garrison worked at shifting the sentiment of the nation away from the notion of gradual emancipation toward that of total abolition—as illustrated in this excerpt from the paper’s first editorial.
… During my recent tour for the purpose of exciting the minds of the people by a series of discourses on the subject of slavery, every place that I visited gave fresh evidence of the fact, that a greater revolution in public sentiment was to be effected in the free states—and particularly in New England—than at the south. I found contempt more bitter, opposition more active, detraction more relentless, prejudice more stubborn, and apathy more frozen, than among slave owners themselves. Of course, there were individual exceptions to the contrary. This state of things afflicted, but did not dishearten me. I determined, at every hazard, to lift up the standard of emancipation in the eyes of the nation, within sight of Bunker Hill and in the birth place of liberty. That standard is now unfurled; and long may it float, unhurt by the spoliations of time or the missiles of a desperate foe—yea, till every chain be broken, and every bondman set free! Let Southern oppressors tremble—let their secret abettors tremble—let their Northern apologists tremble—let all the enemies of the persecuted blacks tremble.
I am aware that many object to the severity of my language; but is there not cause for severity? I will be as harsh as truth, and as uncompromising as justice. On this subject, I do not wish to think, or speak, or write, with moderation. No! No! Tell a man whose house is on fire to give a moderate alarm; tell the mother to gradually extricate her babe from the fire into which it has fallen;—but urge me not to use moderation in a cause like the present. I am in earnest—I will not equivocate—I will not excuse—I will not retreat a single inch—AND I WILL BE HEARD . . . .
In 1839, The American Anti-Slavery Society compiled a massive portfolio of testimonies entitled American Slavery As It Is, which sought to document the inhumanities of slavery. The introduction, by Theodore D. Weld of New York, written in the style of a prosecutor addressing a court, stirred abolitionist sentiments in the North and was attacked by pro-slavery forces in the South.
READER, YOU are empaneled as a juror to try a plain case and bring in an honest verdict. The question at issue is not one of law, but of act—“What is the actual condition of slaves in the United States?”
A plainer case never went to jury. Look at it. TWENTY SEVEN HUNDRED THOUSAND PERSONS in this country, men, women, and children, are in SLAVERY. Is slavery, as a condition for human beings, good, bad, or indifferent?
We submit the question without argument. You have common sense, and conscience, and a human heart—pronounce upon it. You have a wife, or a husband, a child, a father, a mother, a brother or a sister—make the case your own, make it theirs, and bring in your verdict.
The case of Human Rights against Slavery has been adjudicated in the court of conscience times innumerable. The same verdict has always been rendered—“Guilty;” the same sentence has always been pronounced “Let it be accursed;” and human nature, with her million echoes, has rung it round the world in every language under heaven. “Let it be accursed ....”
As slaveholders and their apologists are volunteer witnesses in their own cause, and are flooding the world with testimony that their slaves are kindly treated; that they are well fed, well clothed, well housed, well lodged, moderately worked, and bountifully provided with all things needful for their comfort, we propose—first, to disprove their assertions by the testimony of a multitude of impartial witnesses, and then to put slaveholders themselves through a course of cross-questioning which will draw their condemnation out of their own mouths.
We will prove that the slaves in the United States are treated with barbarous inhumanity; that they are overworked, underfed, wretchedly clad and lodged, and have
insufficient sleep; that they are often made to wear round their necks iron collars armed with prongs, to drag heavy chains and weights at their feet while working in the field, and to wear yokes and bells, and iron horns; that they are often kept confined in the stocks day and night for weeks together, made to wear gags in their mouths for hours or days, have some of their front teeth torn out or broken off, that they may be easily detected when they run away; that they are frequently flogged with terrible severity, have red pepper rubbed into their lacerated flesh, and hot brine, spirits of turpentine etc., poured over the gashes to increase the torture; that they are often stripped naked, their backs and limbs cut with knives, bruised and mangled by scores and hundreds of blows with the paddle, and terribly torn by the claws of cats, drawn over them by their tormentors; that they are often hunted with blood-hounds and shot down like beasts, or torn in pieces by dogs; that they are often suspended by the arms and whipped and beaten till they faint, and when revived by restoratives, beaten again till they faint, and sometimes till they die; that their ears are often cut off, their eyes knocked out, their bones broken, their flesh branded with red hot irons; that they are maimed, mutilated and burned to death, over slow fires. All these things, and more, and worse, we shall prove ....
We shall show, not merely that such deeds are committed, but that they are frequent; not done in corners, but before the sun; not in one of the slave states, but in all of them; not perpetrated by brutal overseers and drivers merely, but by magistrates, by legislators, by professors of religion, by preachers of the gospel, by governors of states, by “gentlemen of property and standing,” and by delicate females moving in the “highest circles of society.”
We know, full well, the outcry that will be made by multitudes, at these declarations; the multiform cavils, the flat denials, the charges of “exaggeration” and “falsehood” so often bandied, the sneers of affected contempt at the credulity that can believe such things, and the rage and imprecations against those who give them currency. We know, too, the threadbare sophistries by which slave-holders and their apologists seek to evade such testimony. If they admit that such deeds are committed, they tell us that they are exceedingly rare, and therefore furnish no grounds for judging of the general treatment of slaves; that occasionally a brutal wretch in the free states barbarously butchers his wife, but that no one thinks of inferring from that, the general treatment of wives at the North and West.
They tell us, also, that the slaveholders of the South are proverbially hospitable, kind, and generous, and it is incredible that they can perpetrate such enormities upon human beings; further, that it is absurd to suppose that they would thus injure their own property, that self-interest would prompt them to treat their slaves with kindness, as none but fools and madmen wantonly destroy their own property; further, that Northern visitors at the South come back testifying to the kind treatment of the slaves, and that slaves themselves corroborate such representations. All these pleas, and scores of others, are build in every corner of the free States; and who that hath eyes to see, has not sickened at the blindness that saw not, at the palsy of heart that felt not, or at the cowardice and sycophancy that dared not expose such shallow fallacies. We are not to be turned from our purpose by such vapid babblings. In their appropriate places, we proposed to consider these objections and various others, and to show their emptiness and folly.
In 1843, Henry Highland Garnet attended the National Convention of Negro Citizens in Buffalo, New York, and on August 16 he delivered a militant oration calling for slave rebellions as the most assured means of ending slavery. It was perhaps the most radical speech by an African American during the period prior to the Civil War. The proposal moved the delegates and failed by a single vote of being adopted. After reading the speech, anti-slavery advocate John Brown had it published at his own expense in 1848.
Garnet’s speech is, for all intents and purposes, addressed to an audience not present to receive it. Garnet speaks “to” the enslaved “on behalf of” the assembled conventioneers. Apologizing for the softness and ineffectiveness of abolitionist efforts,
Garnet encourages slaves to “Arise! Strike for your lives and liberties.” For Garnet’s immediate audience, his message is one of anger, exasperation, and a summons for heightened militancy.
Brethren and fellow citizens: Your brethren of the North, East and West have been accustomed to meet together in national conventions, to sympathize with each other, and to weep over your unhappy condition. In these meetings we have addressed all classes of the free, but we have never, until this time, sent a word of consolation and advice to you. We have been contented in sitting still and mourning over your sorrows, earnestly hoping that before this day your sacred liberties would have been restored. But we have hoped in vain. Years have rolled on, and tens of thousands have been borne on streams of blood and tears to the shores of eternity. While you have been oppressed, we have also been partakers with you; nor can we be free while you are enslaved. We, therefore, write to you as being bound with you.
Many of you are bound to us, not only by the ties of a common humanity, but we are connected by the more tender relations of parents, wives, husbands and sisters and friends. As such we most affectionately address you.
Two hundred and twenty-seven years ago the first of our injured race were brought to the shores of America. They came not with glad spirits to select their homes in the New World. They came not with their own consent, to find an unmolested enjoyment of the blessings of this fruitful soil. . . . Neither did they come flying upon the wings of Liberty to a land of freedom. But they came with broken hearts from their beloved native land and
were doomed to unrequited toil and deep degradation. Nor did the evil of their bondage end at their emancipation by death. Succeeding generations inherited their chains, and millions have come from eternity into time, and have returned again to the world of spirits, cursed and ruined by American Slavery.
[T]he time has come when you must act for yourselves. It is an old and true saying that, “if hereditary bondsmen would be free, they must themselves strike the blow.” You can plead your own cause and do the work of emancipation better than any others. The nations of the Old World are moving in the great cause of universal freedom, and some of them at least will, ere long, do you justice. The combined powers of Europe have placed their broad seal of disapprobation upon the African slave trade. But in the slaveholding parts of the United States the trade is as brisk as ever. They buy and sell you as though you were brute beasts. The North has done much; her opinion of slavery in the abstract is known. But in regard to the South, we adopt the opinion of the New York Evangelist—“We have advanced so far, that the cause apparently waits for a more effectual door to be thrown open that has been yet.” . . . [G]o to your lordly enslavers and tell them plainly that you are determined
to be free. Appeal to their sense of justice and tell them that they have no more right to oppress you than you have to enslave them. Entreat them to remove the grievous burdens which they have imposed upon you, and to remunerate you for your labor. . . . Inform them that all you desire is freedom, and that nothing else will suffice. Do this, and forever after cease to toil for the heartless tyrants, who give you no other reward but stripes and abuse. If they then commence the work of death, they, and not you, will be responsible for the consequences. You had far better all die—die immediately—than live slaves and entail your wretchedness upon your posterity. If you would be free in this generation, here is your only hope. However much you and all of us may desire it, there is not much hope of redemption without the shedding of blood. If you must bleed, let it all come at once—rather die freemen than live to be slaves. It is impossible, like the children of Israel, to make a grand exodus from the land of bondage. The Pharaohs are on both sides of the blood-red waters!
Where is the blood of your fathers? Has it all run out of your veins? Awake, awake; millions of voices are calling you! Your dead fathers speak to you from their graves. Heaven, as with a voice of thunder, call on you to arise from the dust.
Let your motto be Resistance! Resistance! Resistance! No oppressed people have ever secured their liberty without resistance. What kind of resistance you had better make you must decide by the circumstances that surround you, and according to the suggestion of expediency. Brethren, adieu! Trust in the living God. Labor for the peace of the human race, and remember that you are three millions!
The first edition of Frederick Douglass’s newspaper The North Star was published on December 3, 1847, in Rochester, New York. Douglass, an escaped slave and leader in the abolitionist movement, dedicated his paper to the cause of blacks in America—as displayed in this, the paper’s first editorial.
To Our Oppressed Countrymen
We solemnly dedicate the North Star to your cause, our long oppressed and plundered fellow countrymen. May God bless the offering to your good! It shall fearlessly assert your rights, faithfully proclaim your wrongs, and earnestly demand for you instant and even-handed justice. Giving no quarter to slavery at the South, it will hold no truce with oppressors at the North. While it shall boldly advocate emancipation for our enslaved brethren, it will omit no opportunity to gain for the nominally free, complete enfranchisement. Every effort to injure or degrade you or your cause—originating wheresoever, or with whomsoever—shall find in it a constant, unswerving and inflexible foe.
We shall energetically assail the ramparts of Slavery and Prejudice, be they composed of church or state, and seek the destruction of every refuge of lies, under which tyranny may aim to conceal and protect itself . . . .
While our paper shall be mainly Anti-Slavery, its columns shall be freely opened to the candid and decorous discussions of all measures and topics of a moral and humane character, which may serve to enlighten, improve, and elevate mankind. Temperance, Peace, Capital Punishment, Education,—all subjects claiming the attention of the public mind may be freely and fully discussed here.
While advocating your rights, the North Star will strive to throw light on your duties: while it will not fail to make known your virtues, it will not shun to discover your faults. To be faithful to our foes it must be faithful to ourselves, in all things.
Remember that we are one, that our cause is one, and that we must help each other, if we would succeed. We have drunk to the dregs the bitter cup of slavery; we have worn the heavy yoke; we have sighed beneath our bonds, and writhed beneath the bloody lash;—cruel
mementoes of our oneness are indelibly marked in our living flesh. We are one with you under the ban of prejudice and proscription—one with you under the slander of inferior—one with you in social and political disfranchisement. What you suffer, we suffer; what you endure, we endure. We are indissolubly united, and must fall or flourish together ....
We shall be the advocates of learning, from the very want of it, and shall most readily yield the deference due to men of education among us; but shall always bear in mind to accord most merit to those who have labored hardest, and overcome most, in the praiseworthy pursuit of knowledge, remembering “that the whole need not a physician, but they that are sick,” and that “the strong ought to bear the infirmities of the weak.”
Brethren, the first number of the paper is before you. It is dedicated to your cause. Through the kindness of our friends in England, we are in possession of an excellent printing press, types, and all other materials necessary for printing a paper. Shall this gift be blest to our good, or shall it result in our injury? It is for you to say. With your aid, cooperation and assistance, our enterprise will be entirely successful. We pledge ourselves that no effort on our part shall be wanting, and that no subscriber shall lose his subscription—“The North Star Shall live.”
For almost 15 years the provisions of the Missouri Compromise had quieted the debate over the expansion of slavery in the United States. However, following the annexation ofTexas in 1845 and the ending of the war with Mexico in 1848, the question of expansion reignited tensions between pro—slavery forces and opponents to the institution.
With Southern members of Congress threatening to withdraw, a compromise was reached in 1850 between advocates of expression and their rivals. The compromise, a package of five statutes, attempted to address the major points of the sectional conflict. One of the provisions of the compromise, which was supported by many Southerners, was a strengthening of the existing federal fugitive slave law. On September 18, 1850, an act amending the 1793 fugitive slave statute was signed into law. Both the 1850 and the 1793 acts were finally repealed on June 28, 1864.
Section 5. That it shall be the duty of all marshals and deputy marshals to obey and execute all warrants and precepts issued under the provisions of this act, when to them directed; and should any marshal or deputy marshal refuse to receive such warrant, or other process, when tendered, or to use all proper means diligently to execute the same, he shall, on conviction thereof, be fined in the sum of one thousand dollars, to the use of such claimant, . . . and after arrest of such fugitive, by such marshal or his deputy, or whilst at any time in his custody under the provisions of this act, should such fugitive escape, whether with or without the assent of such marshal or his deputy, such marshal shall be liable, on his official bond, to be prosecuted for the benefit of such claimant, for the full value of the service or labor of said fugitive in the State, Territory, or District whence he escaped: and the better to enable the said commissioners, when thus appointed, to execute their duties faithfully and efficiently, in conformity with the requirements of the Constitution of the United States and of this act, they are hereby authorized and empowered, within their counties respectively, to appoint, ...any one or more suitable persons, from time to time, to execute all such warrants and other processes as may be issued by them in the lawful performance of their respective duties ....
Section 6. That when a person held to service or labor in any State or Territory of the United States, has heretofore or shall hereafter escape into another State or Territory of the United States, the person or persons to whom such service or labor may be due, . . . may pursue and reclaim such fugitive person, either by procuring a warrant from some one of the courts, judges, or commissioners aforesaid, of the proper circuit, district, or county, for the apprehension of such fugitive from service or labor, or by seizing and arresting such fugitive, where the same can be done without process, and by taking, or causing such person to be taken, forthwith before such court, judge, or commissioner, whose duty it shall be to hear and determine the case of such claimant in a summary manner; and upon satisfactory proof being made, by deposition of affidavit, in writing, to be taken and certified by such court, judge, or commissioner, or by other satisfactory testimony, duly taken and certified by some court,...and with proof, also by affidavit, of the identity of the person whose service or labor is claimed to be due as aforesaid, that the person so arrested does in fact owe service or labor to the person or persons claiming him or her, in the State or Territory from which such fugitive may have escaped as aforesaid, and that said person escaped, to make out and deliver to such claimant, his or her agent or attorney, a certificate setting forth the substantial facts as to the service or labor due from such fugitive to the claimant, and of his or her escape from the State or Territory in which he or she was arrested, with authority to such claimant, . . . to use such reasonable force and restraint as may be necessary, under the circumstances of the case, to take and remove such fugitive person back to the State or Territory whence he or she may have escaped as aforesaid.
Section 7. That any persons who shall knowingly and willingly obstruct, hinder, or prevent such claimant, his agent or attorney, or any person or persons lawfully assisting him, her, or them, from arresting such a fugitive from service or labor, either with or without process as aforesaid, or shall rescue, or attempt to rescue, such fugitive from service or labor, from the custody of such claimant, . . . or other person or persons lawfully assisting as aforesaid, when so arrested, ...or shall aid, abet, or assist such person so owing service or labor as aforesaid, directly or indirectly, to escape from such claimant, . . . or shall harbor or conceal such fugitive, so as to prevent the discovery and arrest of such person, after notice or knowledge of the fact that such person was a fugitive from service or labor . . . shall, for either of said offenses, be subject to a fine not exceeding one thousand dollars, and imprisonment not exceeding six months . . . ; and shall moreover forfeit and pay, by way of civil damages to the party injured by such illegal conduct, the sum of one thousand dollars, for each fugitive so lost as aforesaid . . . .
Section 9. That, upon affidavit made by the claimant of such fugitive . . . that he has reason to apprehend that such fugitive will be rescued by force from his or their possession before he can be taken beyond the limits of the State in which the arrest is made, it shall be the duty of the officer making the arrest to retain such fugitive in his custody, and to remove him to the State whence he fled, and there to deliver him to said claimant, his agent, or attorney. And to this end, the officer aforesaid is hereby authorized and required to employ so many persons as he may deem necessary to overcome such force, and to retain them in his service so long as circumstances may require.
Although the importation of new slaves from Africa had been outlawed in 1808, the breeding and trading of slaves was still a big business; the Washington, Maryland, and Virginia area served as headquarters to some of the nation’s largest traders.
The renewed debate in Congress over the expansion of slavery during the late 1840s led to what has been referred to as the Compromise of 1850—a package of five resolutions, one of which was the 1850 Fugitive Slave Act. Another of the provisions, a concession to the anti-slavery forces, was an act abolishing the slave trade in the District of Columbia.
Be it enacted, . . . That from and after January 1, 1851, it shall not be lawful to bring into the District of Columbia any slave whatsoever, for the purpose of being sold, or for the purpose of being placed in depot, to be subsequently transferred to any other State or place to be sold as merchandise. And if any slave shall be brought into the said District by its owner, or by the authority or consent of its owner, contrary to the provisions of this act, such slave shall thereupon become liberated and free.
In 1851 Sojourner Truth initiated a lecturing tour in western New York, accompanied by several distinguished abolitionists. To speak against slavery during this period was both unpopular and unsafe. Abolitionist meetings were frequently disrupted by the pro-slavery forces, and their lives threatened. During such times, Sojourner Truth was known to fearlessly maintain her ground, and by her stately manner and well-timed remarks she would disperse the mob and restore order.
After several months in western New York, she traveled to Akron, Ohio, in order to speak before a less-than-receptive audience at a woman’s rights convention. Fearing negative publicity through an association with Sojourner Truth and the abolitionist movement, the conventioneers pleaded with Frances D. Gage, presiding member of the convention, not to allow Truth to lecture. On the second day, as the conventioneers struggled with the disruptive male clergy of various denominations, Truth slowly rose from her seat and moved towards the podium. Ignoring the requests of her fellow conventioneer, Gage introduced Truth to the audience. A profound hush fell across the audience as Sojourner Truth spoke these words:
Well, children, where there is so much racket there must be something out of kilter. I think that between the Negroes of the South and the women of the North all talking about rights, the white women will be in a fix pretty soon. But what’s all this talk about? That man over there says that women need to be helped into carriages and lifted over ditches, and to have the best place everywhere. Nobody ever helps me into carriages, or over mud puddles, or gives me any best place [and raising herself to her full height and her voice to a pitch like rolling thunder, she asked], and ar’n’t I a woman? Look at me! Look at my arm! [and she bared her right arm to the shoulder, showing her tremendous muscular power.] I have plowed, and planted, and gathered into barns, and no man could head me—and ar’n’t I a woman? I could work as much and eat as much as a man (when I could get it), and bear de lash as well—and ar’n’t I a woman? I have borne thirteen children and seen most all sold off into slavery, and when I cried out with a mother’s grief, none but Jesus heard—and ar’n’t I a woman? [The cheering was long and loud.]
In 1852, over three million African Americans were being held as slaves in the United States. Knowing this and understanding the irony implicit in the notion of a holiday commemorating the independence of the United States, Frederick Douglass lost little time in laying bare the contradiction inherent in allowing slavery to exist within a society professedly dedicated to individual freedom.
Pardon me, and allow me to ask, why am I called upon to speak here today? What have I or those I represent to do with your national independence? Are the great principles of political freedom and of natural justice, embodied in that Declaration of Independence, extended to us? And am I, therefore, called upon to bring our humble offering to the national altar, and to confess the benefits, and express devout gratitude for the blessings resulting from your independence to us?
Would to God, both for your sakes and ours, that an affirmative answer could be truthfully returned to these questions. Then would my task be light, and my burden easy and delightful. For who is there so cold that a nation’s sympathy could not warm him? Who so obdurate and dead to the claims of gratitude, that would not thankfully acknowledge such priceless benefits? Who so stolid and selfish that would not give his voice to swell the hallelujahs of a nation’s jubilee, when the chains of servitude had been torn from his limbs? I am not that man . . .
I am not included within the pale of this glorious anniversary! Your high independence only reveals the immeasurable distance between us. The blessings in which you this day rejoice are not enjoyed in common. The rich inheritance of justice, liberty, prosperity, and independence bequeathed by your fathers is shared by you, not by me. The sunlight that brought life and healing to you has brought stripes and death to me. This Fourth of July is yours, not mine. You may rejoice, I must mourn. To drag a man in fetters into the grand illuminated temple of liberty, and call upon him to join you in joyous anthems, were inhuman mockery and sacrilegious irony. Do you mean, citizens, to mock me, by asking me to speak today? . . . .
Fellow citizens, above your national, tumultuous joy, I hear the mournful wail of millions, whose chains, heavy and grievous yesterday, are today rendered more intolerable by the jubilant shouts that reach them. If I do forget, if I do not remember those bleeding children of sorrow this day, “may my right hand forget her cunning, and may my tongue cleave to the roof of my mouth!” To forget them, to pass lightly over their wrongs, and to chime in with the popular theme, would be treason most scandalous and shocking, and would make me a reproach before God and the world. My subject, then, fellow citizens, is “American Slavery.” I shall see this day and its popular characteristics from the slave’s point of view. Standing here, identified with the American bondman, making his wrongs mine, I do not hesitate to declare, with all my soul, that the character and conduct of this nation never looked blacker to me than on this Fourth of July. Whether we turn to the declarations of the past, or to the professions of the present, the conduct of the nation seems equally hideous and revolting. America is false to the past, false to the present, and solemnly binds herself to be false to the future. Standing with God and the crushed and bleeding slave on this occasion, I will, in the name of humanity, which is outraged, in the name of Liberty, which is fettered, in the name of the Constitution and the Bible, which are disregarded and trampled upon, dare to call in question and to denounce, with all the emphasis I can command, everything that serves to perpetuate slavery—the great sin and shame of America! “I will not equivocate; I will not excuse”; I will use the severest language I can command, and yet not one word shall escape me that any man, whose judgment is not blinded by prejudice, or who is not at heart a slave-holder, shall not confess to be right and just.
But I fancy I hear some of my audience say it is just in this circumstances that you and your brother Abolitionists fail to make a favorable impression on the public mind. Would you argue more and denounce less, would you persuade more and rebuke less, your cause would be much more likely to succeed. But, I submit, where all is plain there is nothing to be argued. What point in the anti-slavery creed would you have me argue? On what branch of the subject do the people of this country need light? Must I undertake to prove that the slave is a man? That point is conceded already. Nobody doubts it. The slave-holders themselves acknowledge it in the enactment of laws for their government. They acknowledge it when they punish disobedience on the part of the slave. There are seventy-two crimes in the State of Virginia, which, if committed by a black man (no matter how ignorant he be), subject him to the punishment of death, while only two of these same crimes will subject a white man to like punishment. What is this but the acknowledgment that the slave is a moral, intellectual, and responsible being? The manhood of the slave is conceded. It is admitted in the fact that the Southern statute-books are covered with enactments, forbidding, under severe fines and penalties, the teaching of the slave to read and write. When you can point to any such laws in reference to the beasts of the field, then I may consent to argue the manhood of the slave. When the dogs in your streets, when the fowls of the air, when the cattle on your hills, when the fish of the sea, and the reptiles that crawl, shall be unable to distinguish the slave from a brute, then I will argue with you that the slave is a man!
For the present it is enough to affirm the equal manhood of the Negro race. Is it not astonishing that, while we are plowing, planting, and reaping, using all kinds of mechanical tools, erecting houses, constructing bridges, building ships, working in metals of brass, iron, copper, silver, and gold; that while we are reading, writing, and ciphering, acting as clerks, merchants, and secretaries, having among us lawyers, doctors, ministers, poets, authors, editors, orators, and teachers; that while we are engaged in all the enterprises common to other men—digging gold in California, capturing the whale in the Pacific, feeding sheep and cattle on the hillside, living, moving, acting, thinking, planning, living in families as husbands, wives, and children, and above all, confessing and worshipping the Christian God, and looking hopefully for life and immortality beyond the grave—we are called upon to prove that we are men?
Would you have me argue that man is entitled to liberty? That he is the rightful owner of his own body? You have already declared it. Must I argue the wrongfulness of slavery? Is that a question for republicans? Is it to be settled by the rules of logic and argumentation, as a matter beset with great difficulty, involving a doubtful application of the principle of justice, hard to understand? How should I look today in the presence of Americans, dividing and subdividing a discourse, to show that men have a natural right to freedom, speaking of it relatively and positively, negatively and affirmatively? To do so would be to make myself ridiculous, and to offer an insult to your understanding. There is not a man beneath the canopy of heaven who does not know that slavery is wrong for him.
What! Am I to argue that it is wrong to make men brutes, to rob them of their liberty, to work them without wages, to keep them ignorant of their relations to their fellow men, to beat them with sticks, to flay their flesh with the lash, to load their limbs with irons, to hunt them with dogs, to sell them at auction, to sunder their families, to knock out their teeth, to burn their flesh, to starve them into obedience and submission to their masters? Must I argue that a system thus marked with blood and stained with pollution is wrong? No; I will not. I have better employment for my time and strength than such arguments would imply.
What, then, remains to be argued? Is it that slavery is not divine; that God did not establish it; that our doctors of divinity are mistaken? There is blasphemy in the thought. That which is inhuman cannot be divine. Who can reason on such a proposition? They that can, may; I cannot. The time for such argument is past.
At a time like this, scorching irony, not convincing argument, is needed. Oh! had I the ability, and could I reach the nation’s ear, I would today pour out a fiery stream of biting ridicule, blasting reproach, withering sarcasm, and stern rebuke. For it is not light that is needed, but fire; it is not the gentle shower, but thunder. We need the storm, the whirlwind, and the earthquake. The feeling of the nation must be quickened; the conscience of the nation must be startled; the hypocrisy of the nation must be exposed; and its crimes against God and man must be denounced.
What to the American slave is your Fourth of July? I answer, a day that reveals to him more than all other days of the year, the gross injustice and cruelty to which he is the constant victim. To him your celebration is a sham; your boasted liberty an unholy license; your national greatness, swelling vanity; your sounds of rejoicing are empty and heartless; your denunciation of tyrants, brass-fronted impudence; your shouts of liberty and equality, hollow mockery; your prayers and hymns, your sermons and thanksgivings, with all your religious parade and solemnity, are to him mere bombast, fraud, deception, impiety, and hypocrisy—a thin veil to cover up crimes which would disgrace a nation of savages. There is not a nation of the earth guilty of practices more shocking and bloody than are the people of these United States at this very hour.
Go where you may, search where you will, roam through all the monarchies and despotisms of the Old World, travel through South America, search out every abuse and when you have found the last, lay your facts by the side of the every-day practices of this nation, and you will say with me that, for revolting barbarity and shameless hypocrisy, America reigns without a rival.
In 1835, Dred Scott, born a slave in Virginia, became the property of John Emerson, an Army doctor, in the slave state of Missouri. From there, he was taken into the free state of Illinois and later to the free territory of Minnesota. In 1847, Scott instituted suit in the circuit court of St. Louis County, Missouri, arguing that he should be given his freedom by virtue of his having resided on free soil. After nine years, his case was certified to the U.S. Supreme Court, where five of the nine justices were Southerners.
Under the terms of the Missouri Compromise, Missouri was allowed to join the Union with a slave population of almost 10,000; Maine was admitted as a free state. However, the compromise also prohibited the expansion of slavery into any part of the Louisiana Territory north of Latitude 36° 30′. It was here, into Illinois and the territory of Wisconsin, that Dred Scott’s master brought him, and in 1846 Scott sued his master for his freedom.
After numerous delays, trials, and retrials, the case reached the U.S. Supreme Court in 1856. Hearing this case, the Court was not only faced with the question as to whether Scott was a free man, as a result of his sojourn in a free territory, but it also had to consider whether Congress had the authority under the Constitution to outlaw slavery in the territories. Although each of the nine justices delivered a separate opinion, the opinion of Chief Justice Roger Brooke Taney has been generally accepted as the Court’s ruling on the matter.
In delivering his opinion, Chief Justice Roger Brooke Taney declared that, by virtue of both the Declaration of Independence and the Constitution, African Americans could not be regarded as citizens of the United States. Moreover, the Court could not deprive slaveholders of their right to take slaves into any part of the Union, North or South. In effect, therefore, the Missouri Compromise, as well as other anti-slavery legislation, was declared to be unconstitutional.
The question is simply this: Can a negro, whose ancestors were imported into this country and sold as slaves, become a member of the political community formed and brought into existence by the constitution of the United States, and as such become entitled to all the rights, and privileges, and immunities, guaranteed by that instrument to the citizen? . . . .
The words “people of the United States” and “citizens” are synonymous terms, and mean the same thing. They both describe the political body who, according to our republican institutions, form the sovereignty, and who hold the power and conduct the government through their representatives. They are what we familiarly call the “sovereign people,” and every citizen is one of this people, and a constituent member of this sovereignty. The question before us is, whether the class of persons described in the plea in abatement compose a portion of this people, and are constituent members of this sovereignty? We think they are not, and that they are not included, and were not intended to be included, under the word “citizens” in the constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States. On the contrary, they were at that time considered as a subordinate and inferior class of beings, who had been subjugated by the dominant race, and, whether emancipated or not, yet remained subject to their authority, and had no rights or privileges . . . .
It is not the province of the court to decide upon the justice or injustice, the policy or impolicy, of these laws. The decision of that question belonged to the political or law-making power; to those who formed the sovereignty and framed the constitution. The duty of the court is to interpret the instrument they have framed, with the best lights we can obtain on the subject, and to administer it as we find it, according to its true intent and meaning when it was adopted.
In discussing this question, we must not confound the rights of citizenship which a State may confer within its own limits, and the rights of citizenship as member of the Union. It does not by any means follow, because he has all the rights and privileges of a citizen of a State, that he must be a citizen of the United States. He may have all of the rights and privileges of the citizen of a State, and yet not be entitled to the rights and privileges of a citizen in any other State. For, previous to the adoption of the constitution of the United States, every State had the undoubted right to confer on whomsoever it pleased the character of citizen, and to endow him with all its rights. But this character of course was confined to the boundaries of the State, and gave him no rights or privileges in other States beyond those secured to him by the laws of nations and the comity of States. Nor have the several States surrendered the power of conferring these rights and privileges by adopting the constitution of United States ....
It is very clear, therefore, that no State can, by any act or law of its own, passed since the adoption of the constitution, introduce a new member into the political community created by the constitution of the United States. It cannot make him a member of this community by making him a member of its own. And for the same reason it cannot introduce any person, or description of persons, who were not intended to be embraced in this new political family, which the constitution brought into existence, but were intended to be excluded from it.
The question then arises, whether the provisions of the constitution, in relation to the personal rights and privileges to which the citizen of a State should be entitled, embraced the negro African race, at that time in this country, or who might afterwards be imported, who had then or should afterwards be made free in any State; and to put it in the power of a single State to make him a citizen of the United States, and endue him with the full rights of citizenship in every other State without consent? Does the constitution of the United States act upon him whenever he shall be made free under the laws of a State, and raised there to the rank of a citizen, and immediately clothe him with all the privileges of a citizen in every other State, and in its own courts?
The court thinks the affirmative of these propositions cannot be maintained. And if it cannot, the plaintiff in error could not be a citizen of the State of Missouri, within the meaning of the constitution of the United States, and, consequently, was not entitled to sue in its courts.
It is true, every person, and every class and description of persons, who were at the time of the adoption of the constitution recognized as citizens in the several States, became also citizens of this new political body; but none other; it was formed by them, and for them and their posterity, but for no one else. And the personal rights and privileges guaranteed to citizens of this new sovereignty were intended to embrace those only who were then members of the several State communities, or who should afterwards by birthright or otherwise become members, according to the provisions of the constitution and the principles on which it was founded ....
In the opinion of the court, the legislation and histories of the times, and the language used in the declaration of independence, show, that neither the class of persons who had been imported as slaves, nor their descendants, whether they had become free or not, were then acknowledged as a part of the people, nor intended to be included in the general words used in that memorable instrument . . . .
… The government of the United States had no right to interfere for any other purpose but that protecting the rights of the owner, leaving it altogether with the several States to deal with this race, whether emancipated or not, as each State may think justice, humanity, and the interests and safety of society, require . . . .
The act of Congress, upon which the plaintiff relies, declares that slavery and involuntary servitude, except as a punishment for crime, shall be forever prohibited in all that part of the territory ceded by France, under the name of Louisiana, which lies north of thirty-six degrees
thirty minutes north latitude and not included within the limits of Missouri. And the difficulty which meets us at the threshold of this part of the inquiry is whether Congress was authorized to pass this law under any of the powers granted to it by the Constitution; for, if the authority is not given by that instrument, it is the duty of this Court to declare it void and inoperative and incapable of conferring freedom upon anyone who is held as a slave under the laws of any one of the states . . . .
We do not mean … to question the power of Congress in this respect. The power to expand the territory of the United States by the admission of new states is plainly given; and in the construction of this power by all the departments of the government, it has been held to authorize the acquisition of territory, not fit for admission at the time, but to be admitted as soon as its population and situation would entitle it to admission. It is acquired to become a state and not to be held as a colony and governed by Congress with absolute Authority; and, as the propriety of admitting a new state is committed to the sound discretion of Congress, the power to acquire territory for that purpose, to be held by the United States until it is in a suitable condition to become a state upon an equal footing with the other states, must rest upon the same discretion . . . .
But the power of Congress over the person or property of a citizen can never be a mere discretionary power under our Constitution and form of government. The powers of the government and the rights and privileges of the citizen are regulated and plainly defined by the Constitution itself . . . .
These powers, and others, in relation to rights of person, which it is not necessary here to enumerate, are, in express and positive terms, denied to the general government; and the rights of private property have been guarded with equal care. Thus the rights of property are united with the rights of person and placed on the same ground by the Fifth Amendment to the Constitution, which provides that no person shall be deprived of life, liberty, and property without due process of law. And an act of Congress which deprives a citizen of the United States of his liberty of property, without due process of law, merely because he came himself or brought his property into a particular territory of the United States, and who had committed no offense against the law, could hardly be dignified with the name of due process of law . . . .
It seems, however, to be supposed that there is a difference between property in a slave and other property and that different rules may be applied to it in expounding Constitution of the United States. And the laws and usages of nations, and the writings of eminent jurists upon the relation of master and slave and their mutual rights and duties, and the powers which governments may exercise over it, have been dwelt upon in the argument.
But, in considering the question before us, it must be borne in mind that there is no law of nations standing between the people of the United States and their government and interfering with their relation to each other. The powers of the government and the rights of the citizen under it are positive and practical regulations plainly written down. The people of the United States have delegated to it certain enumerated powers and forbidden it to exercise others. It has no power over the person of property of a citizen but what the citizens of the United States have granted. And no laws or usages of other nations, or reasoning of statesmen of jurists upon the relations of master and slave, can enlarge the powers of the government or take from the citizens the rights they have reserved. And if the Constitution recognizes the right of property of the master in a slave, and makes no distinction between that description of property and other property owned by a citizen, no tribunal, acting under the authority of the United States, whether it be legislative, executive, or judicial, has a right to draw such a distinction or deny to it the benefit of the provisions and guaranties which have been provided for the protection of private property against the encroachments of the government.
Now, as we have already said in an earlier part of this opinion, upon a different point, the right of property in a slave is distinctly and expressly affirmed in the Constitution. The right to traffic in it, like an ordinary article of merchandise and property, was guaranteed to the citizens of the United States, in every state that might desire it, for twenty years. And the government in express terms is pledged to protect it in all future time if the slave escapes from his owner. That is done in plain words—too plain to be misunderstood. And no word can be found in the Constitution which gives Congress a greater power over slave property or which entitles property of that kind to less protection than property of any other description. The only power conferred is the power coupled with the duty of guarding and protecting the owner in his rights.
Upon these considerations it is the opinion of the court that the act of Congress which prohibited a citizen from holding and owning property of this kind in the territory of the United States north of the line therein mentioned is not warranted by the Constitution and is therefore void; and that neither Dred Scott himself, nor any of his family, were made free by being carried into this territory; even if they had been carried there by the owner with the intention of becoming a permanent resident ....
In an attempt to bring an end to the Civil War, President Abraham Lincoln, acting on his authority as commander-in-chief, on September 22, 1862, issued a warning that slavery would be abolished in any state that continued to rebel. With the war still raging, Lincoln issued the Emancipation Proclamation on January 1, 1863, freeing slaves in those states that had seceded from the Union. The proclamation did not apply, however, to those areas occupied by Union forces—there remained some 800,000 slaves unaffected by the provisions of the document.
By the President of the United States of America: A Proclamation
Whereas on the 22d day of September, A.D. 1862, a proclamation was issued by the President of the United States, containing, among other things, the following, to wit:
“That on the 1st day of January, A.D. 1863, all persons held as slaves within any State or designated part of a State the people whereof shall then be in rebellion against the United States shall be then, henceforward, and forever free; and the executive government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom.”
“That the executive will on the 1st day of January aforesaid, by proclamation, designated the States and parts of States, if any, which the people thereof, respectively, shall then be in rebellion against the United States; and the fact that any State or the people thereof shall on that day be in good faith represented in the Congress of the United States by members chosen thereto at elections wherein a majority of the qualified voters of such States shall have participated shall, in the absence of strong countervailing testimony, be deemed conclusive evidence that such State and the people thereof are not then in rebellion against the United States.”:
Now, therefore, I, Abraham Lincoln, President of the United States, by virtue of the power in me vested as Commander-in-Chief of the Army and Navy of the United States in time of actual armed rebellion against the authority and government of the United States, and as a fit and necessary war measure for suppressing said rebellion, do, on this 1st day of January, A.D. 1863, and in accordance with my purpose so to do, publicly proclaimed for the full period of one hundred days from the first day above mentioned, order and designate as the States and parts of States wherein the people thereof, respectively, are this day in rebellion against the United States the following, to wit:
Arkansas, Texas, Louisiana (except the parishes of St.Bernard, Plaquemines, Jefferson,St.John,St.Charles, St. James, Ascension, Assumption, Terrebonne, Lafourche, St. Mary, St. Marti, and Orleans, including the city of New Orleans), Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, and Virginia (except the forty-eight counties designated as West Virginia, and also the counties of Berkeley, Accomac, Northampton, Elizabeth City, York, Princess Anne, and Northfolk, including the cities of Norfolk and Portsmouth), and which excepted parts are for the present left precisely as if this proclamation were not issued.
And by virtue of the power and for the purpose aforesaid, I do order and declare that all persons held as slaves within said designated States and parts of States are, and henceforward shall be, free; and that the Executive Government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons.
And I hereby enjoin upon the people so declared to be free to abstain from all violence, unless in necessary self-defense; and I recommend to them that, in all cases when allowed, they labor faithfully for reasonable wages.
And I further declare and make known that such persons of suitable condition will be received into the armed service of the United States to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service.
And upon this act, sincerely believed to be an act of justice, warranted by the Constitution upon military necessity, I invoke the considerate judgment of mankind and the gracious favor of Almighty God.
On March 3, 1865, Congress passed legislation designed to provide basic health and educational services to former slaves and to administer abandoned land in the South. Under the act, the Bureau of Refugees, Freedmen and Abandoned Lands, commonly referred to as the Freedmen’s Bureau, was created.
An Act to Establish a Bureau for the Relief of Freed-men and Refugees
Be it enacted, That there is hereby established in the War Department, to continue during the present war of rebellion, and for one year thereafter, a bureau of refugees, freedmen, and abandoned lands, to which shall be committed, as hereinafter provided, the supervision and management of all abandoned lands and the control of all subjects relating to refugees and freedmen from rebel states, or from any district of country within the territory embraced in the operations of the army, under such rules and regulations as may be prescribed by the head of the bureau and approved by the President. The said bureau shall be under the management and control of a commissioner to be appointed by the President, by and with the advice and consent of the Senate.
Section 2. That the Secretary of War may direct such issue of provisions, clothing, and fuel, as he may deem needful for the immediate and temporary shelter and supply of destitute and suffering refugees and freedmen and their wives and children, under such rules and regulations as he may direct.
Section 3. That the President may, by and with the advice and consent of the Senate, appoint an assistant commissioner for each of the states declared to be in insurrection, not exceeding ten in number, who shall, under the direction of the commissioner, aid in the execution of the provisions of this act . . . . And any military officer may be detailed and assigned to duty under this act without increase of pay of allowances . . . .
Section 4. That the commissioner, under the direction of the President, shall have authority to set apart, for the use of loyal refugees and freedmen, such tracts of land within the insurrectionary states as shall have been abandoned, or to which the United States shall have acquired title by confiscation or sale, or otherwise, and to every male citizen, whether refugee or freedman, as aforesaid, there shall be assigned not more than forty acres of such land, and the person to whom it was so assigned shall be protected in the use and enjoyment of the land for the term of three years at an annual rent not exceeding six per centum upon the value of such land, as it was appraised by the state authorities in the year eighteen hundred and sixty, for the purpose of taxation, and in case no such appraisal can be found, then the rental shall be based upon the estimated value of the land in said year, to be ascertained in such manner as the commissioner may by regulation prescribe. At the end of said term, or at any time during said term, the occupants of any parcels so assigned may purchase the land and receive such title thereto as the United States can convey, upon paying therefor the value of the land, as ascertained and fixed for the purpose of determining the annual rent aforesaid . . . .
Ratified December 18, 1865, the Thirteenth Amendment formally abolished slavery within the United States.
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation.
Following emancipation many states sought to impose restrictions on African Americans to prevent them from enjoying equal social status with whites. These restrictions were designed to not only hold African Americans in a subordinate condition, but to impose restrictions upon them not unlike those which prevailed before the Civil War. Black codes imposed heavy penalties for “vagrancy,” “insulting gestures,” curfew violations, and “seditious speeches.” In November of 1865, Mississippi was the first state to enact such laws.
AN ACT TO CONFER CIVIL RIGHTS ON FREEDMEN, AND FOR OTHER PURPOSES
Section 1. All freedmen, free negroes and mulattoes may sue and be sued, implead and be impleaded, in all the courts of law and equity of this State, and may acquire personal property, and choses in action, by descent or purchase, and may dispose of the same in the same manner and to the same extent that white persons may: Provided, That the provisions of this section shall not be so construed as to allow any freedman, free negro or mulatto to rent or lease any lands or tenements except in incorporated cities or towns, in which places the corporate authorities shall control the same.
Section 2. All freedmen, free negroes and mulattoes may intermarry with each other, in the same manner and under the same regulations that are provided by law for white persons: Provided, that the clerk of probate shall keep separate records of the same.
Section 3. All freedmen, free negroes or mulattoes who do now and have herebefore lived and cohabited together as husband and wife shall be taken and held in law as legally married, and the issue shall be taken and held as legitimate for all purposes; and it shall not be lawful for any freedman, free negro or mulatto to inter-marry with any white person; nor for any person to intermarry with any freedman, free negro or mulatto; and any person who shall so intermarry shall be deemed guilty of felony, and on conviction thereof shall be confined in the State penitentiary for life; and those shall be deemed freedmen, free negroes and mulattoes who are of pure negro blood, and those descended from a negro to the third generation, inclusive, though one ancestor in each generation may have been a white person.
Section 4. In addition to cases in which freedmen, free negroes and mulattoes are now by law competent witnesses, freedmen, free negroes or mulattoes shall be competent in civil cases, when a party or parties to the suit, either plaintiff or plaintiffs, defendant or defendants; also in cases where freedmen, free negroes and mulattoes is or are either plaintiff or plaintiffs, defendant or defendants. They shall also be competent witnesses in all criminal prosecutions where the crime charged is alleged to have been committed by a white person upon or against the person or property of a freedman, free negro or mulatto: Provided, that in all cases said witnesses shall be examined in open court, on the stand; except, however, they may be examined before the grand jury, and shall in all cases be subject to the rules and tests of the common law as to competency and credibility.
Section 5. Every freedman, free negro and mulatto shall, on the second Monday of January, one thousand eight hundred and sixty-six, and annually thereafter, have a lawful home or employment, and shall have written evidence thereof as follows, to wit: if living in any incorporated city, town, or village, a license from the mayor thereof; and if living outside of an incorporated city, town, or village, from the member of the board of police of his beat, authorizing him or her to do irregular and job work; or a written contract, as provided in Section 6 in this act; which license may be revoked for cause at any time by the authority granting the same.
Section 6. All contracts for labor made with freed-men, free negroes and mulattoes for a longer period than one month shall be in writing, and a duplicate, attested and read to said freedman, free negro or mulatto by a beat, city or county officer, or two disinterested white persons of the county in which the labor is to be performed, of which each party shall have one: and said contracts shall be taken and held as entire contracts, and if the laborer shall quit the service of the employer before the expiration of his term of service, without good cause, he shall forfeit his wages for that year up to the time of quitting.
Section 7. Every civil officer shall, and every person may, arrest and carry back to his or her legal employer any freedman, free negro, or mulatto who shall have quit the service of his or her employer before the expiration of his or her term of service without good cause; and said officer and person shall be entitled to receive for arresting and carrying back every deserting employee aforesaid the sum of five dollars, and ten cents per mile from the place of arrest to the place of delivery; and the same shall be paid by the employer, and held as a set off for so much against the wages of said deserting employee: Provided, that said arrested party, after being so returned, may appeal to the justice of the peace or member of the board of police of the county, who, on notice to the alleged employer, shall try summarily whether said appellant is legally employed by the alleged employer, and has good cause to quit said employer. Either party shall have the right of appeal to the county court, pending which the alleged deserter shall be remanded to the alleged employer or otherwise disposed of, as shall be right and just; and the decision of the county court shall be final.
Section 8. Upon affidavit made by the employer of any freedman, free negro or mulatto, or other credible person, before any justice of the peace or member of the board of police, that any freedman, free negro or mulatto legally employed by said employer has illegally deserted said employment, such justice of the peace or member of the board of police issue his warrant or warrants, returnable before himself or other such officer, to any sheriff, constable or special deputy, commanding him to arrest said deserter, and return him or her to said employer, and the like proceedings shall be had as provided in the preceding section; and it shall be lawful for any officer to whom such warrant shall be directed to execute said warrant in any county in this State; and that said warrant may be transmitted without endorsement to any like officer of another county, to be executed and returned as aforesaid; and the said employer shall pay the costs of said warrants and arrest and return, which shall be set off for so much against the wages of said deserter.
Section 9. If any person shall persuade or attempt to persuade, entice, or cause any freedman, free negro or mulatto to desert from the legal employment of any person before the expiration of his or her term of service, or shall knowingly employ any such deserting freedman, free negro or mulatto, or shall knowingly give or sell to any such deserting freedman, free negro or mulatto, any food, raiment, or other thing, he or she shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than twenty-five dollars and not more than two hundred dollars and costs; and if the said fine and costs shall not be immediately paid, the court shall sentence said convict to not exceeding two months imprisonment in the county jail, and he or she shall moreover be liable to the party injured in damages: Provided, if any person shall, or shall attempt to, persuade, entice, or cause any freedman, free negro or mulatto to desert from any legal employment of any person, with the view to employ said freedman, free negro or mulatto without the limits of this State, such costs; and if said fine and costs shall not be immediately paid, the court shall sentence said convict to not exceeding six months imprisonment in the county jail.
Section 10. It shall be lawful for any freedman, free negro, or mulatto, to charge any white person, freedman, free negro or mulatto by affidavit, with any criminal offense against his or her person or property, and upon such affidavit the proper process shall be issued and executed as if said affidavit was made by a white person, and it shall be lawful for any freedman, free negro, or mulatto, in any action, suit or controversy pending, or about to be instituted in any court of law equity in this State, to make all needful and lawful affidavits as shall be necessary for the institution, prosecution or defense of such suit or controversy.
Section 11. The penal laws of this state, in all cases not otherwise specially provided for, shall apply and extend to all freedmen, free negroes and mulattoes . . . .
AN ACT TO REGULATE THE RELATION OF MASTER AND APPRENTICE, AS RELATES TO FREEDMEN, FREE NEGROES, AND MULATTOES
Section 1. It shall be the duty of all sheriffs, justices of the peace, and other civil officers of the several counties in this State, to report to the probate courts of their respective counties semiannually, at the January and July terms of said courts, all freedmen, free negroes, and mulattoes, under the age of eighteen, in their respective counties, beats, or districts, who are orphans, or whose parent or parents have not the means or who refuse to provide for and support said minors; and thereupon it shall be the duty of said probate court to order the clerk of said court to apprentice said minors to some competent and suitable person on such terms as the court may direct, having a particular care to the interest of said minor: Provided, that the former owner of said minors shall have the preference when, in the opinion of the court, he or she shall be a suitable person for that purpose.
Section 2. The said court shall be fully satisfied that the person or persons to whom said minor shall be apprenticed shall be a suitable person to have the charge and care of said minor, and fully to protect the interest of said minor. The said court shall require the said master or mistress to execute bond and security, payable to the State of Mississippi, conditioned that he or she shall furnish said minor with sufficient food and clothing; to treat said minor humanely; furnish medical attention in case of sickness; teach, or cause to be taught, him or her to read and write, if under fifteen years old, and will conform to any law that may be hereafter passed for the regulation of the duties and relation of master and apprentice: Provided, that said apprentice shall be bound by indenture, in case of males, until they are twenty-one years old, and in case of females until they are eighteen years old.
Section 3. In the management and control of said apprentices, said master or mistress shall have the power to inflict such moderate corporeal chastisement as a father or guardian is allowed to infliction on his or her child or ward at common law: Provided, that in no case shall cruel or inhuman punishment be inflicted.
Section 4. If any apprentice shall leave the employment of his or her master or mistress, without his or her consent, said master or mistress may pursue and recapture said apprentice, and bring him or her before any justice of the peace of the county, whose duty it shall be to remand said apprentice to the service of his or her master or mistress; and in the event of a refusal on the part of said apprentice so to return, then said justice shall commit said apprentice to the jail of said county, on failure to give bond, to the next term of the county court; and it shall be the duty of said court at the first term thereafter to investigate said case, and if the court shall be of opinion that said apprentice left the employment of his or her master or mistress without good cause, to order him or her to be punished, as provided for the punishment of hired freedmen, as may be from time to time provided for by law for desertion, until he or she shall agree to return to the service of his or her master or mistress: Provided, that the court may grant continuances as in other cases: And provided further, that if the court shall believe that said apprentice had good cause to quit his said master or mistress, the court shall discharge said apprentice from said indenture, and also enter a judgment against the master or mistress for not more than one hundred dollars, for the use and benefit of said apprentice, to be collected on execution as in other cases.
Section 5. If any person entice away any apprentice from his or her master or mistress, or shall knowingly employ an apprentice, or furnish him or her food or clothing without the written consent of his or her master or mistress, or shall sell or give said apprentice spirits without such consent, said person so offending shall be guilty of a misdemeanor, and shall, upon conviction there of before the county court, be punished as provided for the punishment of persons enticing from their employer hired freedmen, free negroes or mulattoes.
Section 6. It shall be the duty of all civil officers of their respective counties to report any minors within their respective counties to said probate court who are subject to be apprenticed under the provisions of this act, from time to time as the facts may come to their knowledge, and it shall be the duty of said court from time to time as said minors shall be reported to them, or otherwise come to their knowledge, to apprentice said minors as hereinbefore provided.
Section 9. It shall be lawful for any freedman, free negro, or mulatto, having a minor child or children, to apprentice the said minor child or children, as provided for by this act.
Section 10. In all cases where the age of the freedman, free negro, or mulatto cannot be ascertained by record testimony, the judge of the county court shall fix the age....
AN ACT TO AMEND THE VAGRANT LAWS OF THE STATE
Section 1. All rogues and vagabonds, idle and dissipated persons, beggars, jugglers, or persons practicing unlawful games or plays, runaways, common drunkards, common night-walkers, pilferers, lewd, wanton, or lascivious persons, in speech or behavior, common railers and brawlers, persons who neglect their calling or employment, mis-spend what they earn, or do not provide for the support of themselves or their families, or dependents, and all other idle and disorderly persons, including all who neglect all lawful business, habitually misspend their time by frequenting houses of ill-fame, gaming-houses, or tippling shops, shall be deemed and considered vagrants, under the provisions of this act, and upon conviction thereof shall be fined not exceeding one hundred dollars, with all accruing costs, and be imprisoned, at the discretion of the court, not exceeding ten days.
Section 2. All freedmen, free negroes and mulattoes in this State, over the age of eighteen years, found on the second Monday in January, 1866, or thereafter, with no lawful employment or business, or found unlawfully assembling themselves together, either in the day or night time, and all white persons assembling themselves with freedmen, free negroes or mulattoes, or usually associating with freedmen, free negroes or mulattoes, on terms of equality, or living in adultery or fornication with a freed woman, freed negro or mulatto, shall be deemed vagrants, and on conviction thereof shall be fined in a sum not exceeding, in the case of a freedman, free negro or mulatto, fifty dollars, and a white man two hundred dollars, and imprisonment at the discretion of the court, the free negro not exceeding ten days, and the white man not exceeding six months.
Section 3. All justices of the peace, mayors, and aldermen of incorporated towns, counties, and cities of the several counties in this State shall have jurisdiction to try all questions of vagrancy in their respective towns, counties, and cities, and it is hereby made their duty, whenever they shall ascertain that any person or persons in their respective towns, and counties and cities are violating any of the provisions of this act, to have said party or parties arrested, and brought before them, and immediately investigate said charge, and, on conviction, punish said party or parties, as provided for herein. And it is hereby made the duty of all sheriffs, constables, town constables, and all such like officers, and city marshals, to report to some officer having jurisdiction all violations of any of the provisions of this act, and in case any officer shall fail or neglect any duty herein it shall be the duty of the county court to fine said officer, upon conviction, not exceeding one hundred dollars, to be paid into the county treasury for county purposes.
Section 4. Keepers of gaming houses, houses of prostitution, prostitutes, public or private, and all persons who derive their chief support in the employments that militate against good morals, or against law, shall be deemed and held to be vagrants.
Section 5. All fines and forfeitures collected by the provisions of this act shall be paid into the county treasury for general county purposes, and in case of any freedman, free negro or mulatto shall fail for five days after the imposition of any or forfeiture upon him or her for violation of any of the provisions of this act to pay the same, that it shall be, and is hereby, made the duty of the sheriff of the proper county to hire out said freedman, free negro or mulatto, to any person who will, for the shortest period of service, pay said fine and forfeiture and all costs: Provided, a preference shall be given to the employer, if there be one, in which case the employer shall be entitled to deduct and retain the amount so paid from the wages of such freedman, free negro or mulatto, then due or to become due; and in case freedman, free negro or mulatto cannot hire out, he or she may be dealt with as a pauper.
Section 6. The same duties and liabilities existing among white persons of this State shall attach to freed-men, free negroes or mulattoes, to support their indigent families and all colored paupers; and that in order to secure a support for such indigent freedmen, free negroes, or mulattoes, it shall be lawful, and is hereby made the duty of the county police of each county in this State, to levy a poll or capitation tax on each and every freedman, free negro, or mulatto, between the ages of eighteen and sixty years, not to exceed the sum of one dollar annually to each person so taxed, which tax, when collected, shall be paid into the county treasurer’s hands, and constitute a fund to be called the Freedman’s Pauper Fund, which shall be applied by the commissioners of the poor for the maintenance of the poor of the freedmen, free negroes and mulattoes of this State, under such regulations as may be established by the boards of county police in the respective counties of this State.
Section 7. If any freedman, free negro, or mulatto shall fail or refuse to pay any tax levied according to the provisions of the sixth section of this act, it shall be prima facie evidence of vagrancy, and it shall be the duty of the sheriff to arrest such freedman, free negro, or mulatto, or such person refusing or neglecting to pay such tax, and proceed at once to hire for the shortest time such delinquent taxpayer to any one who will pay the said tax, with accruing costs, giving preference to the employer, if there be one.
Section 8. Any person feeling himself or herself aggrieved by judgment of any justice of the peace, mayor, or alderman in cases arising under this act, may within five days appeal to the next term of the county court of the proper county, upon giving bond and security in a sum not less than twenty-five dollars nor more than one hundred and fifty dollars, conditioned to appear and prosecute said appeal, and abide by the judgment of the county court; and said appeal shall be tried de novo in the county court, and the decision of the said court shall be final . . . .
This act, enacted April 9, 1866, was designed to protect recently freed African Americans from black codes and other repressive state and local legislation. It was intended to provide all citizens with basic civil rights including the right to make and enforce contracts, to bring suits in court, to purchase and sell real and personal property, and to enjoy security of person and property.
An Act to protect all Persons in the United States in their Civil Rights, and furnish the Means of their Vindication
Be it enacted … 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 involuntary 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 contracts, 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 person 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 notwithstanding.
Section 2. And be it further enacted, That any person who, under color or any law, statute, ordinance, regulation, or custom, shall subject, or cause to be subjected, any inhabitant of any State or Territory to the deprivation of any right secured or protected by this act, or to different punishment, pains, or penalties on account of such person having at any time been held in a condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, or by reason of his color or race, than is prescribed for the punishment of white persons, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by fine not exceeding one thousand dollars, or imprisonment not exceeding one year, or both, in the discretion of the court . . . .
This amendment, ratified July 23, 1868, provided a definition of both national and state citizenship. When the Supreme Court heard the case Dred Scott v. Sandford in 1857, it ruled that Africans imported into this country as slaves, and their descendants, were not and could never become citizens of the United States. The passage of the Fourteenth Amendment resolved the question of African American citizenship.
The amendment also reversed what had been the traditional federal-state relationship in the area of citizen’s rights. The Fourteenth Amendment provides for the protection of the privileges of national citizenship, and basic civil rights, and guarantees for all citizens equal protection under the law. It also provides the federal government with authority to intervene in cases where state governments have been accused of violating the constitutional rights of individuals.
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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.
Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an office of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
The Fifteenth Amendment, ratified March 30, 1870, was intended to protect the right of all citizens to vote. However, the amendment was not successful in ending techniques designed to prevent African Americans from voting; many state and local governments continued to employ such tactics as the use of grandfather clauses, literacy tests, “white primaries,” and poll taxes as prerequisites to, or deterrents to voting.
Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous conditions of servitude.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
Following the Civil War, white terrorist groups began to spring up throughout the South. These early organizations, consisting mainly of Confederate veterans still obsessed withthe goals and aspirations of their Southern heritage, terrorized blacks who sought increased participation in their communities and whites who aided them. Known as the Knights of the White Camelia, the Jayhawkers, or the Ku Klux Klan, by 1871 these groups had become well organized. The Ku Klux Klan Act of 1871 was an attempt by Congress to end intimidation and violence by such organizations. The law, however, failed to exterminate the Klan or to eliminate the continued use of terrorist tactics against blacks and those whites who gave support to black concerns.
Be it enacted . . . that any person who, under color of any law, statute, ordinance, regulation, custom, or usage of any State, shall subject, or cause to be subjected, any person within the jurisdiction of the United States to the deprivation of any rights, privileges, or immunities secured by the Constitution of the United States; shall any such law, statute, ordinance, regulation, custom, or usage of the state to the contrary notwithstanding, be liable to the party injured in any action at law, suit in equity, or other proper proceeding for redress; such proceeding to be prosecuted in the several district or circuit courts of the United States, with and subject to the same rights of appeal, review upon error, and other remedies provided in like cases in such courts, under the provisions of the [Civil Rights Act of April 9, 1866] …and the other remedial laws of the United States which are in their nature applicable in such cases.
Section 2. That if two or more persons within any State or Territory of the United States shall conspire together to overthrow, or to put down, or to destroy by force the government of the United States, or to levy war against the United States or to oppose by force the authority of the government of the United States, or by force, intimidation, or threat to prevent . . . any person from accepting or holding any office or trust or place of confidence under the United States, or from discharging the duties thereof . . . or to injure him in his person or property on account of his lawful discharge of the duties of his office, or to injure his person while engaged in the lawful discharge of the duties of his office, or …to deter any party or witness in any court of the United States from attending such court, or from testifying in any matter pending in such court fully, freely, and truthfully, or to injure any party or witness in his person or property on account of his having so attended or testified, or by force, intimidation, or threat to influence the verdict, presentment, or indictment, of any juror or grand juror in any court of the United States, or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or on account of his being or having been such juror, or shall conspire together, or go in disguise upon the public highway or upon the premises of another for the purpose, either directly or indirectly, of depriving any person or any class of persons of the equal protection of the laws, or of equal privileges or immunities under the laws, or for the purpose of preventing or hindering the constituted authorities of any State from giving or securing to all persons within such State the equal protection of the laws, or shall conspire together for the purpose of in any manner impeding, hindering, obstructing, or defeating the due course of justice in any State or Territory, with the intent to deny to any citizen of the United States the due and equal protection of the laws, or to injure any person in his person or in his property for lawfully enforcing the right of any person or class of persons to the equal protection of the laws, or by force, intimidation, or threat to prevent any citizen of the United States lawfully entitled to vote from giving his support or advocacy in a lawful manner . . . or to injure any such citizen in his person or property on account of such support or advocacy, each and every person so offending shall be deemed guilty of a high crime . . . .
Section 3. That in all cases where insurrection, domestic violence, unlawful combinations, or conspiracies in any State shall so obstruct or hinder the execution of the laws thereof, and of the United States, as to deprive any portion or class of the people of such State of any of the rights, privileges, or immunities, or protection, named in the Constitution and secured by this act, and the constituted authorities of such State shall either be unable to protect, or shall from any cause fail in or refuse protection of the people in such rights, such facts will be deemed a denial by such State of the equal protection of the laws to which they are entitled under the Constitution of the United States; and in all such cases, or whenever any such insurrection, violence, unlawful combination, or conspiracy shall oppose or obstruct the laws of the United States or the due execution thereof, or impede or obstruct the due course of justice under the same, it shall be lawful for the President, and it shall be his duty to take such measures, by the employment of the militia or the land and naval forces of the United States, or either, or by other means, as he may deem necessary for the suppression of such insurrection, domestic violence, or combinations; and any person who shall be arrested under the provisions of this and the preceding section shall be delivered to the marshal of the proper district, to be dealt with according to law.
Section 4. That whenever in any State or part of a State the unlawful combinations named in the preceding section of this act shall be organized and armed, and so numerous and powerful as to be able, by violence, to either overthrow or set at defiance the constituted authorities of such State, and of the United States within such State, or when the constituted authorities are in complicity with, or shall connive at the unlawful purpose of, such powerful and armed combinations; and whenever, by reason of either or all of the causes aforesaid, the conviction of such offender and the preservation of the public safety shall become in such district impracticable, in every such case such combinations shall be deemed a rebellion against the government of the United States, and during the continuation of such rebellion, and within the limits of the district which shall be so under the sway thereof, such limits to be prescribed by proclamation, it shall be lawful for the President of the United States, when in his judgment the public safety shall require it, to suspend the privileges of the writ of habeas corpus, to the end that such rebellion may be overthrown . . . .
Section 6. That any person, or persons, having knowledge that any of the wrongs conspired to be done and mentioned in the second section of this act are about to be committed, and having power to prevent or aid in preventing the same, shall neglect or refuse so to do, and such wrongful act shall be committed, such person or persons shall be liable to the person injured, or his legal representatives, for all damages caused by any such wrongful act which such first-named person or persons by reasonable diligence could have prevented; and such damages may be recovered in an action on the case in the proper circuit court of the United States, and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in such action . . . .
The Civil Rights Act of 1875 concerned itself primarily with the prohibition of racial discrimination in places of public accommodation. Eight years later, however, the U.S. Supreme Court addressed the issue. Ruling in a set of disputes, which came to be known as the Civil Rights Cases, the Court declared the law unconstitutional, stating that Congress did not have the authority to regulate the prevalent social mores of any state.
An Act to Protect All Citizens in Their Civil and Legal Rights.
Whereas it is essential to just governments we recognize the equality of all men before the law, and hold that it is the duty of government in its dealings with the people to mete out equal and exact justice to all, of whatever nativity, race, color, or persuasion, religious or political; and it being the appropriate object of legislation to enact great fundamental principles into law: Therefore, Be it enacted, That all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude.
Section 2. That any person who shall violate the foregoing section by denying to any citizen, except for reasons by law applicable to citizens of every race and color, and regardless of any previous condition of servitude, the full enjoyment of any of the accommodations, advantages, facilities, or privileges in said section enumerated, or by aiding or inciting such denial, shall, for every such offense, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby . . . and shall also, for every such offense, be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than five hundred nor more than one thousand dollars, or shall be imprisoned not less than thirty days nor more than one year ....
Section 4. That no citizen possessing all other qualifications which are or may be prescribed by law shall be disqualified for service as grand or petit juror in any court of the United States, or of any State, on account of race, color, or previous condition of servitude; and any officer or other person charged with any duty in the selection or summoning of jurors who shall exclude or fail to summon any citizen for the cause aforesaid shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not more than five thousand dollars.
Section 5. That all cases arising under the provisions of this act . . . shall be renewable by the Supreme Court of the U.S., without regard to the sum in controversy . . . .
In July 1848 Frederick Douglass was one of the few men present at the initial woman’s rights convention at Seneca Falls, New York, and it was he who encouraged outspoken feminist Elizabeth Cady Stanton to press for suffrage and who seconded the resolution proposed by Stanton that it was “the duty of the women of this country to secure to themselves their sacred right to the elective franchise.” However, in later years, Douglass split ranks with Stanton and Anthony over philosophical differences regarding the Fifteenth Amendment and other matters. Yet, Douglass remained a staunch advocate for the right of women to vote.
In April 1888, Douglass gave a speech before the International Council of Women in Washington, DC. In his message to the conventioneers, Douglass reflected on hisrole at the Seneca Falls convention and strongly endorsed woman suffrage. Douglass also insisted that it is women, not men, who should be the primary spokespersons for the suffrage cause. The text of Douglass’s address appeared in the Woman’s Journal on April 14, 1888.
Mrs. President, Ladies and Gentlemen:—I come to this platform with unusual diffidence. Although I have long been identified with the Woman’s Suffrage movement, and have often spoken in its favor, I am somewhat at a loss to know what to say on this really great and uncommon occasion, where so much has been said.
When I look around on this assembly, and see the many able and eloquent women, full of the subject, ready to speak, and who only need the opportunity to impress this audience with their views and thrill them with “thoughts that berate and words that burn,” I do not feel like taking up more than a very small space of your time and attention, and shall not. I would not, even now, presume to speak, but for the circumstances of my early connection with the cause, and of having been called upon to do so by one whose voice in this Council we all gladly obey. Men have very little business here as speakers, anyhow; and if they come here at all they should take back benches and wrap themselves in silence. For this is an International Council, not of men, but of women, and woman should have all the say in it. This is her day in court.
I do not mean to exalt the intellect of woman above man’s; but I have heard many men speak on this subject; some of them the most eloquent to be found anywhere in the country; and I believe no man, however gifted with thought and speech, can voice the wrongs and present the demands of women with the skill and effect, with the power and authority of woman herself. The man struck is the man to cry out. Woman knows and feels her wrongs as man cannot know and feel them, and she also knows as well as he can know, what measures are needed to redress them. I grant all the claims at this point. She is her own best representative. We can neither speak for her, nor vote for her, nor act for her, nor be responsible for her; and the thing for men to do in the premises is just to get out of her way and give her the fullest opportunity to exercise all the powers inherent in her individual personality, and allow her to do it as she herself shall elect to exercise them. Her right to be and to do is as full, complete and perfect as the right of any man on earth. I say of her, as I say of the colored people, “Give her fair play, and hands off.”
There is to-day, however, a special reason for omitting argument. This is the end of the fourth decade of the woman suffrage movement, a kind of jubilee which naturally turns our minds to the past.
The history of the world has given to us many sublime undertakings, but none more sublime than this.
It was a great thing for the friends of peace to organize in opposition to war; it was a great thing for the friends of temperance to organize against intemperance; it was a great thing for humane people to organize in opposition to slavery; but it was a much greater thing, in view of all the circumstances, for woman to organize herself in opposition to her exclusion from participation in government. . . . Men took for granted all that could be said against intemperance, war and slavery. But no such advantage was found in the beginning of the cause of suffrage for women. On the contrary, everything in her condition was supposed to be lovely, just as it should be. She had no rights denied, no wrongs to redress. She herself had no suspicion but that all was going well with her.
There are few facts in my humble history to which I look back with more satisfaction than to the fact, recorded in the history of the woman-suffrage movement, that I was sufficiently enlightened at that early day, and when only a few years from slavery, to support your resolution for woman suffrage. I have done very little in this world in which to glory except this one act—and I certainly glory in that. When I ran away from slavery, it was for myself; when I advocated emancipation, it was for my people, but when I stood up for the rights of woman, self was out of the question, and I found a little nobility in the act.
In estimating the forces with which this suffrage cause has had to contend during these forty years, the fact should be remembered that relations of long standing beget a character in the parties to them in the favor of the continuance.
The relation of man to woman has the advantage of all the ages behind it. Those who oppose a readjustment of this relation tell us that what is always was and always will be, world without end. But we have heard this old argument before, and if we live very long we shall hear it again. When any aged error shall be assailed, and any old abuse is to be removed, we shall meet this same old argument. Man has been so long the king and woman the subject—man has been so long accustomed to command and woman to obey—that both parties to the relation have been hardened into their respective places, and thus has been piled up a mountain of iron against woman’s enfranchisement.
The universality of man’s rule over woman is another factor in resistance to the woman-suffrage movement. We are pointed to the fact that men have not only always ruled over women, but that they do so rule everywhere, and they easily think that thing that is done everywhere must be right. Though the fallacy of this reasoning is too transparent to need refutation, it still exerts a powerful influence.
All good causes are mutually helpful. The benefits accruing from this movement for the equal rights of woman are not confined or limited to woman only. They will be shared by every effort to promote the progress and welfare of mankind everywhere and in all ages.
Ida B. Wells-Barnett began organizing and lecturing in support of an international campaign against lynching after a mob destroyed the offices of her newspaper the Memphis Free Speech on May 27, 1892. In both her speeches and writings, she used graphic, detailed descriptions of certain lynchings and scrutinized the media accounts through which her audiences were most likely to have heard of them. In her speech in Boston’s Tremont Temple on February 13, 1893, Wells-Barnett again speaks out against lynchings and suggests a remedy for ending the heinous practice.
The race problem or negro question, as it has been called, has been omnipresent and all-pervading since long before the Afro-American was raised from the degradation of the slave to the dignity of the citizen. It has never been settled because the right methods have not been employed in the solution. . . . The operations of law do not dispose of negroes fast enough, and lynching bees have become the favorite pastime of the South. As excuse for the same, a new cry, as false as it is foul, is raised in an effort to blast race character, a cry which has proclaimed to the world that virtue and innocence are violated by Afro-Americans who must be killed like wild beasts to protect womanhood and childhood.
In the past ten years over a thousand colored men, women and children have been butchered, murdered and burnt in all parts of the South. The details of these horrible outrages seldom reach beyond the narrow world where they occur. Those who commit the murders write the reports, and hence these lasting blots upon the honor of a nation cause but a faint ripple on the outside world. They arouse no great indignation and call forth no adequate demand for justice. The victims were black, and the reports are so written as to make it appear that the helpless creatures deserved the fate which overtook them.
Persons unfamiliar with the condition of affairs in the Southern States do not credit the truth when it is told to them. They cannot conceive how such a condition of affairs prevails so near them with steam power, telegraph wires and printing presses in daily and hourly touch with the localities where such disorder reigns.
The right of the Afro-American to vote and hold office remains in the Federal Constitution, but is destroyed in the constitution of the Southern states. Having destroyed the citizenship of the man, they are now trying to destroy the manhood of the citizen. All their laws are shaped to this end;—school laws, railroad car regulations, those governing labor liens on crops,—every device is adopted to make slaves of free men and rob them of their wages. Whenever a malicious law is violated in any of its parts, any farmer, any railroad conductor, or merchant can call together a posse of his neighbors and punish even with death the black man who resists and the legal authorities sanction what is done by failing to prosecute and punish the murders. The Repeal of the Civil Rights Law removed their last barrier and the black man’s last bulwark and refuge. The rule of the mob is absolute.
Those who know this recital to be true, say there is nothing they can do—they cannot interfere and vainly hope by further concession to placate the imperious and dominating part of our country in which this lawlessness prevails. Because this country has been almost rent in twain by internal dissension, the other sections seem virtually to have agreed that the best way to heal the breach is to permit the taking away of civil, political, and even human rights, to stand by in silence and utter indifference while the South continues to wreak fiendish vengeance on the irresponsible cause. They pretend to believe that with all the machinery of law and government in its hands; with the jails and penitentiaries and convict farms filled with pretty race criminals; with the well-known fact that no negro has ever been known to escape conviction and punishment for any crime in the South—still there are those who try to justify and condone the lynching of over a thousand black men in less than ten years—an average of one hundred a year. The public sentiment of the country, by its silence in press, pulpit and in public meetings has encouraged this state of affairs, and public sentiment is stronger than law.
Do you ask the remedy? A public sentiment strong against lawlessness must be aroused. Every individual can contribute to this awakening. When a sentiment against lynch law as strong, deep and mighty as that roused against slavery prevails, I have no fear of the result. It should be already established as a fact and not as a theory, that every human being must have a fair trial for his life and liberty, no matter what the charge against him. When a demand goes up from fearless and persistent reformers from press and pulpit, from industrial and moral associations that this shall be so from Maine to Texas and from ocean to ocean, a way will be found to make it so.
Booker T. Washington, a major voice in the movement for the advancement of African Americans, was often criticized for encouraging blacks to cultivate peaceful coexistence with whites. Washington advocated the use of technical and industrial self-help programs—even if such programs tended to discount the importance of the cultivation of intellectual and aesthetic values. In an address to the 1895 Atlanta Exposition, Washington outlined his philosophy.
Mr. President and Gentlemen of the Board of Directors and Citizens:
One-third of the population of the South is of the Negro race. No enterprise seeking the material, civil, or moral welfare of this section can disregard this element of our population and reach the highest success. I but convey to you, Mr. President and Directors, the sentiment of the masses of my race when I say that in no way have the value and manhood of the American Negro been more fittingly and generously recognized than by the managers of this magnificent Exposition at every stage of its progress. It is a recognition that will do more to cement the friendship of the two races than any occurrence since the dawn of our freedom.
Not only this, but the opportunity here afforded will awaken among us a new era of industrial progress. Ignorant and inexperienced, it is not strange that in the first years of our new life we began at the top instead of at the bottom; that a seat in Congress or the State Legislature was more sought than real estate or industrial skill; that the political convention or stump speaking had more attractions than starting a dairy farm or truck garden.
A ship lost at sea for many days suddenly sighted a friendly vessel. From the mast of the unfortunate vessel was seen a signal: “Water, water; we die of thirst!” The answer from the friendly vessel at once came back: “Cast down your bucket where you are.” A second time the signal, “Water, water; send us water!” ran up from the distressed vessel, and was answered: “Cast down your bucket where you are.” And a third and fourth signal for water was answered: “Cast down your bucket where you are.” The captain of the distressed vessel, at last heeding the injunction, cast down his bucket, and it came up full of fresh, sparkling water from the mouth of the Amazon River. To those of my race who depend on bettering their condition in a foreign land, or who underestimate the importance of cultivating friendly relations with the Southern white man, who is their next door neighbor, I would say: “Cast down your bucket where you are”—cast it down in making friends in every manly way of the people of all races by whom we are surrounded.
Cast it down in agriculture, mechanics, in commerce, in domestic service, and in the professions. And in this connection it is well to bear in mind that whatever other sins the South may be called to bear, when it comes to business, pure and simple, it is in the South that the Negro is given a man’s chance in the commercial world, and in nothing is this Exposition more eloquent than in emphasizing this chance. Our greatest danger is, that in the great leap from slavery to freedom we may overlook the fact that the masses of us are to live by the productions of our hands, and fail to keep in mind that we shall prosper in proportion as we learn to dignify and glorify common labor, and put brains and skill into the common occupations of life; shall prosper in proportion as we learn to draw the line between the superficial and the substantial, the ornamental gewgaws of life and the useful. No race can prosper till it learns that there is as much dignity in tilling a field as in writing a poem. It is at the bottom of life we must begin, and not at the top. Nor should we permit our grievances to overshadow our opportunities.
To those of the white race who look to the incoming of those of foreign birth and strange tongue and habits for the prosperity of the South, were I permitted, I would repeat what I say to my own race, “Cast down your bucket where you are.” Cast it down among the 8,000,000 Negroes whose habits you know, whose fidelity and love you have tested in days when to have proved treacherous meant the ruin of your firesides. Cast down your bucket among those people who have, without strikes and labor wars, tilled your fields, cleared your forests, builded your railroads and cities, and brought forth treasures from the bowels of the earth, and helped make possible this magnificent representation of the progress of the South. Casting down your bucket among my people, helping and encouraging them as you are doing on these grounds, and, with education of head, hand and heart, you will find that they will buy your surplus land, make blossom the waste place in your fields, and run your factories. While doing this, you can be sure in the future, as in the past, that you and your families will be surrounded by the most patient, faithful, law-abiding, and unresentful people that the world has seen. As we have proved our loyalty to you in the past, in nursing your children, watching by the sick bed of your mothers and fathers, and often following them with tear-dimmed eyes to their graves, so in the future, in our humble way, we shall stand by you with a devotion that no foreigner can approach, ready to lay down our lives, if need be, in defense of yours, interlacing our industrial, commercial, civil, and religious life with yours in a way that shall make the interests of both races one. In all things that are purely social we can be as separate as the fingers, yet one as the hand in all things essential to mutual progress.
There is no defense or security for any of us except in the highest intelligence and development of all. If anywhere there are efforts tending to curtail the fullest growth of the Negro, let these efforts be turned into stimulating, encouraging, and making him the most useful and intelligent citizen. Effort or means so invested will pay a thousand percent interest. These efforts will be twice blessed—“blessing him that gives and him that takes.”
There is no escape through law of man or God from the inevitable:
The laws of changeless justice bind Oppressor with oppressed; And close as sin and suffering joined We march to fate abreast.
Nearly sixteen millions of hands will aid you in pulling the load upwards, or they will pull against you the load downwards. We shall constitute one-third and more of the ignorance and crime of the South, or one-third its intelligence and progress; we shall contribute one-third to the business and industrial prosperity of the South, or we shall prove a veritable body of death, stagnating, depressing, retarding every effort to advance the body politic.
Gentlemen of the Exposition, as we present to you humble effort at an exhibition of our progress, you must not expect over much. Starting thirty years ago with ownership here and there in a few quilts and pumpkins and chickens (gathered from miscellaneous sources), remember the path that has led from these to the invention and production of agricultural implements, buggies, steam engines, newspapers, books, statuary, carving, paintings, the management of drug stores and banks, has not been trodden without contact with thorns and thistles. While we take pride in what we exhibit as a result of our independent efforts, we do not for a moment forget that our part in this exhibition would fall far short of your expectations but for the constant help that has come to our educational life, not only from the Southern States, but especially from Northern philanthropists, who have made their gifts a constant stream of blessing and encouragement.
The wisest among my race understand that the agitation of questions of social equality is the extremist folly, and that progress in the enjoyment of all the privileges that will come to us must be the result of severe and constant struggle rather than of artificial forcing. No race that has anything to contribute to the markets of the world is long in any degree ostracized. It is important and right that all privileges of the law be ours, but it is vastly more important that we be prepared for the exercise of those privileges. The opportunity to earn a dollar in a factory just now is worth infinitely more than the opportunity to spend a dollar in an opera house.
In conclusion, may I repeat that nothing in thirty years has given us more hope and encouragement, and drawn us so near to you of the white race, as this opportunity offered by the Exposition; and here bending, as it were, over the altar that represents the results of the struggle of your race and mine, both starting practically empty-handed three decades ago, I pledge that, in your effort to work out the great and intricate problem which God has laid at the doors of the South, you shall have at all time the patient, sympathetic help of my race; only let this be constantly in mind that, while from representations in these buildings of the product of field, of forest, of mine, of factory, letters, and art, much good will come, yet far above and beyond material benefits will be that higher good, that let us pray God will come, in a blotting out of sectional differences and racial animosities and suspicions, in a determination to administer absolute justice, in a willing obedience among all classes to the mandates of law. This, coupled with our material prosperity, will bring into our beloved South a new heaven and a new earth.
On February 23, 1869, the Louisiana state legislature enacted a law prohibiting segregation on public transportation. In 1878, ruling in the case Hall v. DeCuir, the U.S. Supreme Court declared that state governments could not prohibit segregation on common carriers. Twelve years later, the Court hearing the case Louisville, New Orleans and Texas Railway v. Mississippi approved a state statute requiring segregation on intrastate carriers.
In 1896, the Court once again faced the issue of segregation on public transportation. Homer Adolph Plessy, an African American traveling by train from New Orleans to Covington, Louisiana, was arrested when he refused to ride in the “colored” railway coach; Louisiana state law required that “separate but equal” accommodations be maintained in public facilities for blacks and whites. In its majority opinion, the Court declared that “separate but equal” accommodations constituted a “reasonable” use of state police power and that the Fourteenth Amendment “could not have been intended to abolish distinctions based on color, or to enforce social . . . equality, or a commingling of the two races upon terms unsatisfactory to either.”
In effect, the Court’s ruling had significantly reduced the authoritativeness of the Fourteenth and Fifteenth Amendments to the Constitution, which were designed to provide African Americans specific rights and protections. The “separate but equal” doctrine paved the way for segregation of African Americans in all walks of life and stood until the Brown v. Board of Education of Topeka, Kansas decision of 1954.
Justice Brown delivered the opinion of the Court.
This case turns upon the constitutionality of an act of the General Assembly of the state of Louisiana, passed in 1890, providing for separate railway carriages for the white and colored races . . . .
The constitutionality of this act is attacked upon the ground that it conflicts both with the Thirteenth Amendment of the Constitution, abolishing slavery, and the Fourteenth Amendment, which prohibits certain restrictive legislation on the part of the states.
1. That it does not conflict with the Thirteenth Amendment, which abolished slavery and involuntary servitude, except as a punishment for crime, is too clear for argument. Slavery implies involuntary servitude—a state of bondage; the ownership of mankind as a chattel, or at least the control of the labor and services of one man for the benefit of another, and absence of a legal right to the disposal of his own person, property, and services . . . .
A statute which implies merely a legal distinction between the white and colored races—a distinction which is founded in the color of the two races, and which must always exist so long as white men are distinguished from the other race by color—has no tendency to destroy the legal equality of the two races, or reestablish a state of involuntary servitude. Indeed, we do not understand that the Thirteenth Amendment is strenuously relied upon by the plaintiff in error in this connection.
2. By the Fourteenth Amendment, all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are made citizens of the United States and of the state wherein they reside; and the states are forbidden from making or enforcing any law which shall abridge the privileges or immunities of citizens of the United States, or shall deprive any person of life, liberty, or property without due process of law, or deny to any person within their jurisdiction the equal protection of the laws . . . .
The object of the amendment was undoubtedly to enforce the absolute equality of the two races before the law, but in the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political, equality, or a commingling of the two races upon terms unsatisfactory to either. Laws permitting, and even requiring, their separation in places where they are liable to be brought into contact do not necessarily imply the inferiority of either race to the other, and have been generally, if not universally, recognized as within the competency of the state legislatures in the exercise of their police power. The most common instance of this is connected with the establishment of separate schools for white and colored children, which has been held to be a valid exercise of the legislative power even by courts of states where the political rights of the colored race have been longest and most earnestly enforced . . . .
So far, then, as a conflict with the Fourteenth Amendment is concerned, the case reduces itself to the question whether the statute of Louisiana is a reasonable regulation, and with respect to this there must necessarily be a large discretion on the part of the legislature. In determining the question of reasonableness it is at liberty to act with reference to the established usages, customs, and traditions of the people, and with a view to the promotion of their comfort, and the preservation of the public peace and good order. Gauged by this standard, we cannot say that a law which authorizes or even requires the separation of the two races in public conveyances is unreasonable or more obnoxious to the Fourteenth Amendment than the acts of Congress requiring separate schools for colored children in the District of Columbia, the constitutionality of which does not seem to have been questioned, or the corresponding acts of state legislatures.
We consider the underlying fallacy of the plaintiff’s argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely the colored race chooses to put that construction upon it. The argument necessarily assumes that if, as has been more than once the case, and is not unlikely to be so again, the colored race should become the dominant power in the state legislature, and should enact a law in precisely similar terms, it would thereby relegate the white race to an inferior position. We imagine that the white race, at least, would not acquiesce in this assumption. The argument also assumes that social prejudices may be overcome by legislation and that equal rights cannot be secured to the Negro except by an enforced commingling of the two races. We cannot accept this proposition. If the two races are to meet upon terms of social equality, it must be the result of natural affinities, a mutual appreciation of each other’s merits, and a voluntary consent of individuals .... Legislation is powerless to eradicate racial instincts or to abolish distinctions based upon physical differences, and the attempt to do so can only result in accentuating the difficulties of the present situation. If the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane.
It is true that the question of the proportion of colored blood necessary to constitute a colored person, as distinguished from a white person, is one upon with there is a difference of opinion in the different states, some holding that any visible admixture of black blood stamps the person as belonging to the colored race . . . others that it depends upon the preponderance of blood . . . and still others that the pre-dominance of white blood must only be in the proportion of three-fourths .... But these are questions to be determined under the laws of each state and are not properly put in issue in this case. Under the allegations of his petition it may undoubtedly become a question of importance whether, under the laws of Louisiana, the petitioner belongs to the white or colored race.
The judgment of the court below is therefore, Affirmed.
JUSTICE HARLAN DISSENTING
In respect of civil rights, common to all citizens, the Constitution of the United States does not, I think, permit any public authority to know the race of those entitled to be protected in the enjoyment of such rights. Every true man has pride of race, and under appropriate circumstances with the rights of others, his equals before the law, are not to be affected, it is his privilege to express such pride and to take such action based upon it as to him seems proper. But I deny that any legislative body or judicial tribunal may have regard to the race of citizens when the civil rights of those citizens are involved. Indeed, such legislation, as that here in question, is inconsistent not only with that equality of rights which pertains to citizenship, national and state, but with the personal liberty enjoyed by everyone within the United States.
The Thirteenth Amendment does not permit the withholding or the deprivation of any right necessarily inhering in freedom. It not only struck down the institution of slavery as previously existing in the United States, but it prevents the imposition of any burdens or disabilities that constitute badges of slavery or servitude. It decreed universal civil freedom in this country. This Court has so adjudged. But that amendment having been found inadequate to the protection of the rights of those who had been in slavery, it was followed by the Fourteenth Amendment, which added greatly to the dignity and glory of the American citizenship, and to the security of personal liberty, by declaring that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside,” and that “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.” These two amendments, if enforced according to their true intent and meaning, will protect all the civil rights that pertains to freedom and citizenship. Finally, and to the end that no citizen should be denied, on account of his race, the privilege of participating in the political control of his country, it was declared by the Fifteenth Amendment that “the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.”
These notable additions to the fundamental law were welcomed by the friends of liberty throughout the world. They removed the race line from our governmental systems.
It was said in argument that the statute of Louisiana does not discriminate against either race but prescribes a rule applicable alike to white and colored citizens. But this argument does not meet the difficulty. Everyone knows that the statute in question had its origin in the purpose, not so much to exclude white persons from railroad cars occupied by blacks, as to exclude colored people from coaches occupied by or assigned to white persons. Railroad corporations of Louisiana did not make discrimination among whites in the matter of accommodation for travelers. The thing to accomplish was, under the guise of giving equal accommodation for whites and blacks, to compel the latter to keep to themselves while traveling in railroad passenger coaches. No one would be wanting in candor as to assert the contrary. The fundamental objections, therefore, to the statute is that it interferes with the personal freedom of citizens. If a white man and a black man choose to occupy the same public conveyance on a public highway, it is their right to do so, and no government, proceeding alone on grounds of race, can prevent it without infringing the personal liberty of each.
It is one thing for railroad carriers to furnish, or to be required by law to furnish, equal accommodations for all whom they are under a legal duty to carry. It is quite another thing for government to forbid citizens of the white and black races from traveling in the same public conveyance, and to punish officers of railroad companies for permitting persons of the two races to occupy the same passenger coach. If a state can prescribe, as a rule of civil conduct, that whites and blacks shall not travel as passengers in the same railroad coach, why may it not so regulate the use of the streets of its cities and towns as to compel white citizens to keep on one side of a street and black citizens to keep on the other? Why may it not, upon like grounds, punish whites and blacks who ride together in streetcars or in open vehicles on a public road or street? Why may it not require sheriffs to assign whites to one side of a courtroom and blacks to the other? And why may it not also prohibit the commingling of the two races in the galleries of legislative halls or in public assemblages convened for the consideration of the political questions of the day? Further, if this statute of Louisiana is consistent with the personal liberty of citizens, why may not the state require the separation in railroad coaches of native and naturalized citizens of the United States, or of Protestants and Roman Catholics?
The answer given as the argument to these questions was that regulations of the kind they suggest would be unreasonable and could not, therefore, stand before the law. Is it meant that the determination of questions of legislative power depends upon the inquiry whether the statute whose validity is questioned is, in the judgment of the courts, a reasonable one, taking all the circumstances into consideration? A statute may be unreasonable merely because a sound public forbade its enactment. But I do not understand that the courts have anything to do with the policy or expediency of legislation. The white race deems itself to be the dominant race in this country. And so it is, in prestige, in achievements, in education, in wealth, and in power. So, I doubt not, it will continue to be for all time, if it remains true to its great heritage and holds fast to the principles of constitutional liberty. But in view of the Constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our Constitution is color-blind and neither knows nor tolerates classes among citizens. In respect of civil rights all citizens are equal before the law. The humblest is the peer of the most powerful. The law regards man as a man and takes no account of his surroundings or of his color when his civil rights, as guaranteed by the supreme law of the land, are involved. It is, therefore, to be regretted that this high tribunal, the final expositor of the fundamental law of the land, has reached the conclusion that it is competent for a state to regulate the enjoyment by citizens of their civil rights solely upon the basis of race . . . .
The sure guarantee of the peace and security of each is the clear, distinct, unconditional recognition by our governments, national and state, of every right that inheres in civil freedom, and of the equality before the law of all citizens of the United States without regard to race. State enactments, regulating the enjoyment of civil rights, upon the basis of race, and cunningly devised legitimate results of the war, under the pretense of recognizing equality of rights, can have no other result than to render permanent peace impossible, and to keep alive a conflict of races, the continuance of which must do harm to all concerned . . . .
The arbitrary separation of citizens, on the basis of race, while they are on a public highway, is a badge of servitude wholly inconsistent with the civil freedom and the equality before the law established by the Constitution. It cannot be justified upon any legal grounds.
If evils will result from the commingling of the two races upon public highways established for the benefit of all, they will be infinitely less than those that will surely come from state legislation regulating the enjoyment of civil rights upon the basis of race. We boast of the freedom enjoyed by our people above all other peoples. But it is difficult to reconcile that boast with a state of the law which, practically, puts the brand of servitude and degradation upon a large class of our fellow-citizens, our equals before the law. The thin disguise of “equal” accommodations for passengers in railroad coaches will not mislead anyone, nor atone for the wrong this day has done . . . .
I am of opinion that the statute of Louisiana is inconsistent with the personal liberty of citizens, white and black, in that state, and hostile to both the spirit and letter of the Constitution of the United States. If laws of like character should be enacted in the several states of the Union, the effect would be in the highest degree mischievous. Slavery, as an institution tolerated by law, would, it is true, have disappeared from our country, but there would remain a power in the states, by sinister legislation, to interfere with the full enjoyment of the blessings of freedom; to regulate civil rights, common to all citizens, upon the basis of race, and to place in a condition of legal inferiority a large body of American citizens, now constituting a part of the political community called the People of the United States, for whom, and by whom through representatives, our government is administered. Such a system is inconsistent with the guarantee given by the Constitution to each state of a republican form of government, and may be stricken down by congressional action, constitutional or laws of any state to the contrary notwithstanding.
For the reasons stated, I am constrained to withhold my assent from the opinion and judgment of the majority ....
Originally intended for use in a program given by a group of Jacksonville, Florida school children to celebrate Lincoln’s birthday, “Lift Every Voice and Sing” has become known as the “black national anthem.” The song’s words, written by poet and civil rights leader James Weldon Johnson, serve as a tribute to African American heritage. The song’s music was composed by Johnson’s brother and songwriting partner, J. Rosamond Johnson.
Lift every voice and sing, till earth and heaven ring,
Ring with the harmonies of liberty;
Let our rejoicing rise, high as the listening skies,
Let it resound loud as the rolling sea.
Sing a song full of the faith that the dark past has taught us,
Sing a song full of the hope that the present has brought us;
Facing the rising sun of our new day begun,
Let us march on till victory is won.
Stony the road we trod, bitter the chastening rod,
Felt in the days when hope unborn had died;
Yet with a steady beat, have not our weary feet,
Come to the place for which our fathers sighed?
We have come over a way that with tears has been watered,
We have come, treading our path through the blood of the slaughtered;
Out from the gloomy past, till now we stand at last
Where the white gleam of our bright star is cast.
God of our weary years, God of our silent tears,
Thou Who hast brought us thus far on the way;
Thou Who hast by Thy might, led us into the light,
Keep us forever in the path, we pray.
Lest our feet stray from the places, our God, where we met Thee.
Lest our hearts, drunk with the wine of the world, we forget Thee.
Shadowed beneath Thy hand, may we forever stand,
True to our God, true to our native land.
Marcus Garvey, black nationalist and founder of the Universal Negro Improvement Association, dedicated his life to uplifting Africans throughout the world. In this 1922 address, Garvey outlined the goals of the Universal Negro Improvement Association.
Over five years ago the Universal Negro Improvement Association placed itself before the world as the movement through which the new and rising Negro would give expression of his feelings. This Association adopts an attitude not of hostility to other races and peoples of the world, but an attitude of self-respect.
. . . Wheresoever human rights are denied to any group, wheresoever justice is denied to any group, there the U.N.I.A. finds a cause. And at this time among all the peoples of the world, the group that suffers most from injustice, the group that is denied most of those rights that belong to all humanity, is the black group . . . even so under the leadership of the U.N.I.A., we are marshalling the 400,000,000 Negroes of the world to fight for the emancipation of the race and of the redemption of the country of our fathers.
We represent a new line of thought among Negroes. Whether you call it advanced thought or reactionary thought, I do not care. If it is reactionary for people to seek independence in government, then we are reactionary. If it is advanced thought for people to seek liberty and freedom, then we represent the advanced school of thought among the Negroes of this country. We of the U.N.I.A. believe that what is good for the other folks is good for us. If government is something that is worth while; if government is something that is appreciable and helpful and protective to others, then we also want to experiment in government. We do not mean a government that will make us citizens without rights or subjects without consideration. We mean a kind of government that will place our race in control, even as other races are in control of their own government.
. . . The U.N.I.A. is not advocating the cause of church building, because we have a sufficiently large number of churches among us to minister to the spiritual needs of the people, and we are not going to compete with those who are engaged in so splendid a work; we are not engaged in building any new social institutions, . . . because there are enough social workers engaged in those praiseworthy efforts. We are not engaged in politics because we have enough local politicians, . . . and the political situation is well taken care of. We are not engaged in domestic politics, in church building or in social uplift work, but we are engaged in nation building.
In advocating the principles of this Association we find we have been very much misunderstood and very much misrepresented by men from within our own race, as well as others from without. Any reform movement that seeks to bring about changes for the benefit of humanity is bound to be misrepresented by those who have always taken it upon themselves to administer to, and lead the unfortunate ....
. . . The Universal Negro Improvement Association stands for the Bigger Brotherhood; the Universal Negro Improvement Association stands for human rights, not only for Negroes, but for all races. The Universal Negro Improvement Association believes in the rights of not only the black race, the white race, the yellow race and the brown race. The Universal Negro Improvement Association believes that the white man has as much right to be considered, the yellow man has as much right to be considered, the brown man has as much right to be considered as the black man of Africa. In view of the fact that the black man of Africa has contributed as much to the world as the white man of Europe, and the brown man and yellow man of Asia, we of the Universal Negro Improvement Association demand that the white, yellow and brown races give to the black man his place in the civilization of the world. We ask for nothing more than the rights of 400,000,000 Negroes. We are not seeking, as I said before, to destroy or disrupt the society or the government of other races, but we are determined that 400,000,000 of us shall unite ourselves to free our motherland from the grasp of the invader ....
The Universal Negro Improvement Association is not seeking to build up another government within the bounds or borders of the United States of America. The Universal Negro Improvement Association is not seeking to disrupt any organized system of government, but the Association is determined to bring Negroes together for the building up of a nation of their own. And why? Because we have been forced to it. We have been forced to it throughout the world; not only in America, not only in Europe, not only in the British Empire, but where-soever the black man happens to find himself, he has been forced to do for himself.
To talk about Government is a little more than some of our people can appreciate . . . .The average man . . . seems to say, “why should there be need for any other government?” We are French, English or American. But we of the U.N.I.A. have studied seriously this question of nationality among Negroes—this American nationality, this British nationality, this French, Italian or Spanish nationality, and have discovered that it counts for nought when that nationality comes in conflict with the racial idealism of the group that rules. When our interests clash with those of the ruling faction, then we find that we have absolutely no rights. In times of peace, when everything is all right, Negroes have a hard time, wherever we go, wheresoever we find ourselves, getting those rights that belong to us in common with others whom we claim as fellow citizens; getting that consideration that should be ours by right of the constitution, by right of the law, but in the time of trouble they make us all partners in the cause, as happened in the last war . . . .
We have saved many nations in this manner, and we have lost our lives doing that before. Hundreds of thousands—nay, millions of black men, lie buried under the ground due to that old-time camouflage of saving the nation. We saved the British Empire; we saved the French Empire; we saved this glorious country more than once; and all that we have received for our sacrifices, all that we have received for what we have done, even in giving up our lives, is just what you are receiving now, just what I am receiving now.
You and I fare no better in America, in the British Empire, or any other part of the white world; we fare no better than any black man wheresoever he shows his head . . . .
The U.N.I.A. is reversing the old-time order of things. We refuse to be followers anymore. We are leading ourselves. That means, if any saving is to be done . . . we are going to seek a method of saving Africa first. Why? And why Africa? Because Africa has become the grand prize of the nations. Africa has become the big game of the nation hunters. Today Africa looms as the greatest commercial, industrial and political prize in the world.
The difference between the Universal Negro Improvement Association and the other movements of this country, and probably the world, is that the Universal Negro Improvement Association seeks independence of government while the other organizations seek to make the Negro a secondary part of existing governments. We differ from the organizations in America because they seek to subordinate the Negro as a secondary consideration in a great civilization, knowing that in America the Negro will never reach his highest ambition, knowing that the Negro in America will never get his constitutional rights. All other organizations which are fostering the improvement of Negroes in the British Empire know that the Negro in the British Empire will never reach the height of his constitutional rights. What do I mean by constitutional rights in America? If the black man is to reach the height of his ambition in this country—if the black man is to get all of his constitutional rights in America—then the black man should have the same chance in the nation as any other man to become president of the nation, or a street cleaner in New York. If the black man in the British Empire is to have all his constitutional rights it means that the Negro in the British Empire should have at least the same right to become premier of Great Britain as he has to become a street cleaner in the city of London. Are they prepared to give us such political equality? You and I can live in the United States of America for 100 more years, and our generations may live for 200 years or for 5000 more years, and so long as there is a black and white population, when the majority is on the side of the white race, you and I will never get political justice or get political equality in this country. Then why should a black man with rising ambition, after preparing himself in every possible way to give expression to that highest ambition, allow himself to be kept down by racial prejudice within a country? If I am as educated as the next man, if I am as prepared as the next man, if I have passed through the best schools and colleges and universities as the other fellow, why should I not have a fair chance to compete with the other fellow for the biggest position in the nation? . . .
We are not preaching a propaganda of hate against anybody. We lovethewhiteman;weloveallhumanity....The white man is as necessary to the existence of the Negro as the Negro is necessary to his existence. There is a common relationship that we cannot escape. Africa has certain things that Europe wants, and Europe has certain things that Africa wants . . . it is impossible for us to escape it. Africa has oil, diamonds, copper, gold and rubber and all the minerals that Europe wants, and there must be some kind of relationship between Africa and Europe for a fair exchange, so we cannot afford to hate anybody.
The question often asked is what does it require to redeem a race and free a country? If it takes man power, if it takes scientific intelligence, if it takes education of any kind, or if it takes blood, then the 400,000,000 Negroes of the world have it.
It took the combined power of the Allies to put down the mad determination of the Kaiser to impose German will upon humanity. Among those who suppressed his mad ambition were two million Negroes who have not yet forgotten how to drive men across the firing line . . . when so many white men refused to answer to the call and dodged behind all kinds of excuses, 400,000 black men were ready without a question. It was because we were told it was a war of democracy; it was a war for the liberation of the weaker peoples of the world. We heard the cry of Woodrow Wilson, not because we liked him so, but because the things he said were of such a nature that they appealed to us as men. Wheresoever the cause of humanity stands in need of assistance, there you will find the Negro ever ready to serve.
He has done it from the time of Christ up to now. When the whole world turned its back upon the Christ, the man who was said to be the Son of God, when the world cried out “Crucify Him,” when the world spurned Him and spat upon Him, it was a black man, Simon, the Cyrenian, who took up the cross. Why? Because the cause of humanity appealed to him. When the black man saw the suffering Jew, struggling under the heavy cross, he was willing to go to His assistance, and he bore that cross up to the heights of Calvary. In the spirit of Simon, the Cyrenian, 1900 years ago, we answered the call of Woodrow Wilson, the call to a larger humanity, and it was for that we willingly rushed into the war ....
We shall march out, yes, as black American citizens, as black British subjects, as black French citizens, as black Italians or as black Spaniards, but we shall march out with a greater loyalty, the loyalty of race. We shall march out in answer to the cry of our fathers, who cry out to us for the redemption of our own country, our motherland, Africa.
We shall march out, not forgetting the blessings of America. We shall march out, not forgetting the blessings of civilization. We shall march out with a history of peace before and behind us, and surety that history shall be our breast-plate, for how can a man fight better than knowing that the cause for which he fights is righteous? . . . Glorious shall be the battle when the time comes to fight for our people and our race.
We should say to the millions who are in Africa to hold the fort, for we are coming 400,000,000 strong.
Issued by President Franklin D. Roosevelt on June 25, 1941, Executive Order 8802 was intended to eliminate discriminatory practices in the defense industry during World War II (1941–1945).
Whereas it is the policy of the United States to encourage full participation in the national defense program by all citizens of the United States, regardless of race, creed, color, or national origin, in the firm belief that the democratic way of life within the Nation can be defended successfully only with the help and support of all groups within its borders; and
Whereas there is evidence that available and needed workers have been barred from employment in industries engaged in defense production solely because of considerations of race, creed, color, or national origin, to the detriment of workers’ morale and of national unity:
Now, Therefore, by virtue of the authority vested in me by the Constitution and the statues, and as a prerequisite to the successful conduct of our national defense production effort, I do hereby reaffirm the policy of the United States that there shall be no discrimination in the employment of workers in defense industries or Government because of race, creed, color, or national origin, and I do hereby declare that it is the duty of employers and of labor organizations, in furtherance of said policy and of this order, to provide for the full and equitable participation of all workers in defense industries, without discrimination because of race, creed, color, or national origin;
And it is hereby ordered as follows:
1. All departments and agencies of the Government of the United States concerned with vocational and training programs for defense production shall take special measures appropriate to assure that such programs are administered without discrimination because of race, creed, color, or national origin;
2. All contracting agencies of the Government of the United States shall include in all defense contracts hereafter negotiated by them a provision obligating the contractor not to discriminate against any worker because of race, creed, color, or national origin;
3. There is established in the Office of Production Management a Committee on Fair Employment Practice, which shall consist of a chairman and four other members to be appointed by the President. The Chairman and members of the Committee shall serve as such without compensation but shall be entitled to actual and necessary transportation, subsistence and other expenses incidental to performance of their duties. The Committee shall receive and investigate complaints of discrimination in violation of the provisions of this order and shall take appropriate steps to redress grievances which it finds to be valid. The Committee shall also recommend to the several departments and agencies of the Government of the United States and to the President all measures which may be deemed by it necessary or proper to effectuate the provisions of this order.
Signed by President Harry S. Truman on July 26, 1948, Executive Order 9981 ended segregation in the Armed Forces of the United States.
Whereas it is essential that there be maintained in the armed services of the United States the highest standards of democracy, with equality of treatment and opportunity for all those who serve in our country’s defense:
Now, therefore, by virtue of the authority vested in me as President of the United States, by the Constitution and the statutes of the United States, and as Commander-in-Chief of the armed services, it is hereby ordered as follows:
1. It is hereby declared to be the policy of the President that there shall be equality of treatment and opportunity for all persons in the armed services without regard to race, color, religion or national origin. This policy shall be put into effect as rapidly as possible, having due regard to the time required to effectuate any necessary changes without impairing efficiency or morals.
2. There shall be created in the National Military Establishment an advisory committee to be known as the President’s Committee on Equality of Treatment and Opportunity in the Armed Services, which shall be composed of seven members to be designated by the President.
3. The Committee is authorized on behalf of the President to examine into the rules, procedures and practices of the armed services in order to determine in what respect such rules, procedure and practices may be altered or improved with a view to carrying out the policy of this order. The Committee shall confer and advise with the Secretary of the Army, the Secretary of the Air Force, and shall make such recommendations to the President and to said Secretaries as in the judgment of the Committee will effectuate the policy hereof.
4. All executive departments and agencies of the Federal Government are authorized and directed to cooperate with the Committee in its work, and to furnish the Committee such information or the services of such persons as the Committee may require in the performance of its duties.
5. When requested by the Committee to do so, persons in the armed services or in any of the executive departments and agencies of the Federal Government shall testify before the Committee and shall make available for the use of the Committee such documents and other information as the Committee may require.
6. The Committee shall continue to exist until such time as the President shall terminate its existence by Executive order.
Beginning in the late 1930s, the U.S. Supreme Court began to review numerous cases dealing with segregation in public education; by the 1950s it had become evident that segregated educational facilities were not equal.
In 1938, ruling in the case Missouri ex rel. Lloyd Gaines v. Canada, the Court ruled that states were required to provide equal educational facilities for African Americans within its boundaries. (The state of Missouri at that time had maintained a practice of providing funds for African Americans to attend graduate and professional schools outside of the state, rather than provide facilities itself.) Taking an even greater step, in 1950 the Court in Sweatt v. Painter ruled that a separate law school for African Americans provided by the state of Texas violated the equal protection clause of the Fourteenth Amendment.
In 1952, five different cases, all dealing with segregation in public schools but with different facts and from different places, reached the U.S. Supreme Court. Four of the cases, Brown v. Board of Education of Topeka, Kansas, Briggs v. Elliott (out of South Carolina), Davis v. Prince Edward County School Board (out of Virginia), and Gebhart v. Belton (out of Delaware) were considered together; the fifth case Bolling v. Sharpe coming out of the District of Columbia, was considered separately (since the district is not a state).
After hearing initial arguments, the Court found itself unable to reach an agreement. In 1953, the Court heard reargument. Thurgood Marshall, legal counsel for the National Association for the Advancement of Colored People Legal Defense and Education Fund, presented arguments on behalf of the African American students. On May 17, 1954, the Court unanimously ruled that segregation in all public education deprived minority children of equal protection under the Fourteenth Amendment. (In the Bolling case, the Court determined that segregation violated provisions of the Fifth Amendment, since the Fourteenth Amendment is expressly directed to the states.)
Chief Justice Warren delivered the opinion of the Court.
These cases come to us from the States of Kansas, South Carolina, Virginia and Delaware. They are premised on different facts and different local conditions, but a common legal question justifies their consideration together in this consolidated opinion.
In each of these cases, minors of the Negro race, through their legal representatives, seek the aid of the courts in obtaining admission to the public schools of their community on a nonsegregated basis. In each instance, they had been denied admission to schools attended by white children under laws requiring or permitting segregation according to race. This segregation was alleged to deprive the plaintiffs of the equal protection of the laws under the Fourteenth Amendment. In each of the cases other than the Delaware case, a three-judge federal district court denied relief to the plaintiffs on the so-called “separate but equal” doctrine announced by this Court in Plessy v. Ferguson. Under that doctrine, equality of treatment is accorded when the races are provided substantially equal facilities, even though these facilities be separate. In the Delaware case, the Supreme Court of Delaware adhered to that doctrine, but ordered that the plaintiffs be admitted to the white schools because of their superiority to the Negro schools.
The plaintiffs contend that segregated public schools are not “equal” and cannot be made “equal,” and that hence they are deprived of the equal protection of the laws. Because of the obvious importance of the question presented, the Court took jurisdiction. Argument was heard in the 1952 Term, and reargument was heard this Term on certain questions propounded by the Court.
Reargument was largely devoted to the circumstances surrounding the adoption of the Fourteenth Amendment in 1868. It covered exhaustively consideration of the Amendment in Congress, ratification by the states, then existing practices in racial segregation, and the views of proponents and opponents of the Amendment. This discussion and our own investigation convince us that, although these sources cast some light, it is not enough to resolve the problem with which we are faced. At best, they are inconclusive. The most avid proponents of the post-War Amendments undoubtedly intended them to remove all legal distinctive among “all persons born or naturalized in the United States.” Their opponents, just as certainly, were antagonistic to both the letter and the spirit of the Amendments and wished them to have the most limited effect. What others in Congress and the state legislatures had in mind cannot be determined with any degree of certainty.
An additional reason for the inconclusive nature of the Amendment’s history, with respect to segregated schools, is the status of public education at that time. In the South, the movement toward free common schools, supported by general taxation, had not yet taken hold. Education of white children was largely in the hands of private groups. Education of Negroes was almost nonexistent, and practically all of the race were illiterate. In fact, any education of Negroes was forbidden by law in some states. Today, in contrast, many Negroes have achieved outstanding success in the arts and sciences as well as in the business and professional world. It is true that public school education at the time of the Amendment had advanced further in the North, but the effect of the Amendment on Northern States was generally ignored by the congressional debates. Even in the North, the conditions of public education did not approximate those existing today. The curriculum was usually rudimentary; ungraded schools were common in rural areas; the school term was but three months a year in many states; and compulsory school attendance was virtually unknown. As a consequence, it is not surprising that there should be so little in the history of the Fourteenth Amendment relating to its intended effect on public education.
In the first cases in this Court construing the Fourteenth Amendment, decided shortly after its adoption, the Court interpreted it as proscribing all state imposed discriminations against the Negro race. The doctrine of “separate but equal” did not make its appearance in this Court until 1896 in the case of Plessy v. Ferguson … involving not education but transportation. American courts have since labored with the doctrine for over half a century. In this Court, there have been six cases involving the “separate but equal” doctrine in the field of public education. In Cumming v. County Board of Education …and Gong Lum v. Rice . . . the validity of the doctrine itself was not challenged. In more recent cases, all on the graduate school level, inequality was found in that specific benefits enjoyed by white students were denied to Negro students of the same educational qualifications. In none of these cases [Missouri ex rel. Gaines v. Canada, Sipuel v. University of Oklahoma, Sweatt v. Painter, and McLaurin v. Oklahoma State Regents for Higher Education] was it necessary to reexamine the doctrine to grant relief to the Negro plaintiff. And in Sweatt v. Painter … the Court expressly reserved decision on the question whether Plessy v. Ferguson should be held inapplicable to public education.
In the instant cases, that question is directly presented. Here, unlike Sweatt v. Painter, there are findings below that the Negro and white schools involved have been equalized, or are being equalized, with respect to buildings, curricula, qualifications and salaries of teacher, and other “tangible” factors. Our decision, therefore, cannot turn on merely a comparison of these tangible factors in the Negro and white schools involved in each of the cases. We must look instead to the effect of segregation itself on public education.
In approaching this problem, we cannot turn the clock back to 1868 when the Amendment was adopted, or even to 1896 when Plessy v. Ferguson was written. We must consider public education in the light of its full development and its present place in American life throughout the Nation. Only in this way can it be determined if segregation in public schools deprives these plaintiffs of the equal protection of the laws.
Today, education is perhaps the most important function of state and local governments. Compulsory school attendance laws and the great expenditures for education both demonstrate our recognition of the importance of education to our democratic society. It is required in the performance of our most basic public responsibilities, even service in the armed forces. It is the very foundation of good citizenship. Today it is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment. In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms.
We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other “tangible” factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does.
In Sweatt v. Painter in finding that a segregated law school for Negroes could not provide them equal educational opportunities, this Court relied in large part on “those qualities which are incapable of objective measurement but which make for greatness in the law school.” In McLaurin v. Oklahoma State Regents for Higher Education … the Court, in requiring that a Negro admitted to a white graduate school be treated like all other students, again resorted to intangible considerations: “. . . his ability to study, to engage in discussions and exchange views with other students, and, in general, to learn his profession.” Such considerations apply with added force to children in grade and high schools. To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone. The effect of this separation on their educational opportunities was well stated by a finding in the Kansas case by a court which nevertheless felt compelled to rule against the Negro plaintiffs:
Segregation of white and colored children in public school has a detrimental effect upon the colored children. The impact is greater when it has the sanction of the law; for the policy of separating the races is usually interpreted as denoting the inferiority of the negro group. A sense of inferiority affects the motivation of a child to learn. Segregation with the sanction of law, therefore, has a tendency to [retard] the educational and mental development of Negro children and to deprive them of some of the benefits they would receive in racial[ly] integrated school systems.
Whatever may have been the extent of psychological knowledge at the time of Plessy v. Ferguson, this finding is amply supported by modern authority. Any language in Plessy v. Ferguson contrary to this finding is rejected.
We conclude that in the field of public education the doctrine of “separate but equal” has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment. This disposition makes unnecessary any discussion whether such segregation also violates the Due Process Clause of the Fourteenth Amendment.
Because these are class actions, because of the wide applicability of this decision, and because of the great variety of local conditions, the formulation of decrees in these presents problems of considerable complexity. On reargument, the consideration of appropriate relief was necessarily subordinated to the primary question—the constitutionality of segregation in public education. We have now announced that such segregation is a denial of the equal protection of the laws. In order that we may have the full assistance of the parties in formulating decrees, the cases will be restored to the docket, and the parties are requested to present further argument on Questions 4 and 5 previously propounded by the Court for the reargument this Term. The Attorney General of the United States is again invited to participate. The Attorneys General of the states requiring or permitting segregation in public education will also be permitted to appear as amici curiae upon request to do so by September 15, 1954, and submission of briefs by October 1, 1954.
It is so ordered.
Many scholars believe that among prominent civil rights leader W.E.B. Du Bois’s greatest achievements, his writings truly stand out. Throughout his lifetime, he penned manybooks and essays expressing his beliefs about racial assimilation, cooperation, and the use of education to end prejudice. Among these notable writings is The Souls of Black Folk, an extremely popular analysis of the problem of race as it relates to African Americans throughout society.
After the Egyptian and Indian, the Greek and Roman, the Teuton and Mongolian, the Negro is sort of seventh son, born with a veil, and gifted with second-sight in this American world,—a world which yields him no true self-consciousness, but only lets him see himself through the revelation of the other world. It is a peculiar sensation, this double-consciousness, this sense of always looking at one’s self through the eyes of others, of measuring one’s soul by the tape of a world that looks on in amused contempt and pity. One ever feels his twoness,—an American, a Negro; two souls, two thoughts, two unreconciled strivings; two warring ideals in one dark body, whose dogged strength alone keeps it from being torn asunder.
The history of the American Negro is the history of this strife,—this longing to attain self-conscious manhood, to merge his double self into a better and truer self. In this merging he wishes neither of the older selves to be lost. He would not Africanize America, for America has too much to teach the world and Africa. He would not bleach his Negro soul in a flood of white Americanism, for he knows that Negro blood has a message for the world. He simply wishes to make it possible for a man to be both a Negro and an American, without being cursed and spit upon by his fellows, without having the doors of Opportunity closed roughly in his face.
Prior to her death on May 18, 1955, educator and Bethune-Cookman College founder Mary McLeod Bethune composed her “Last Will and Testament,” which was published posthumously in Ebony magazine. Although a tireless fighter for equality and educational opportunities for African Americans, she continuously eschewed rhetorical militancy in favor of a doctrine of universal love, as demonstrated by the following text.
Sometimes as I sit communing in my study I feel that death is not far off. I am aware that it will overtake me before the greatest of my dreams—full equality for the Negro in our time is realized .... The knowledge that my work has been helpful to many fills me with joy and great satisfaction.
Sometimes I ask myself if I have any other legacy to leave. Truly, my worldly possessions are few . . . . Perhaps in them there is something of value. So, as my life draws to a close, I will pass them on to Negroes everywhere in the hope that an old woman’s philosophy may give them inspiration. Here, then, is my legacy.
I leave you love. Love builds. It is positive and helpful.
I leave you great hope. The Negro’s growth will be great in the years to come.
I leave you the challenge of developing confidence in one another. As long as Negroes are hemmed into racial blocs by prejudice and pressure, it will be necessary for them to band together for economic betterment.
I leave you a thirst for education. Knowledge is the prime need of the hour.
I leave you a respect for the uses of power. We live in a world which respects power above all things. Power, intelligently directed, can lead to more freedom.
I leave you faith. Faith is the first factor in a life devoted to service. Without faith, nothing is possible. With it, nothing is impossible. Faith in God is the greatest power, but great, too, is faith in oneself.
I leave you racial dignity. I want Negroes to maintain their human dignity at all costs. We, as Negroes, must recognize that we are the custodians as well as the heirs of a great civilization.
I leave you a desire to live harmoniously with your fellow men. The problem of color is world-wide. It is found in Africa and Asia, Europe, and South America. I appeal to American Negroes—North, South, East and West—to recognize their common problems and unite to solve them.
I leave you finally a responsibility to our young people. The world around us really belongs to youth, for youth will take over its future management.
If I have a legacy to leave my people, it is my philosophy of living and serving. As I face tomorrow, I am content, for I think I have spent my life well. I pray now that my philosophy may be helpful to those who share my vision of a world of Peace, Progress, Brotherhood and Love.
This act, signed by President Eisenhower on September 9, 1957, was the first piece of comprehensive legislation in the area of civil rights since the Civil Rights Act of 1875, which the Supreme Court in 1883 declared unconstitutional. The new act provided for the creation of a Commission on Civil
Rights, extended the jurisdiction of the federal district courts to include civil action arising out of the act, and empowered the U.S. attorney general to take action in cases where rights secured by the act were believed to have been violated.
An Act to provide means of further securing and protecting the civil rights of persons within the jurisdiction of the United States.
PART I—ESTABLISHMENT OF THE COMMISSION ON CIVIL RIGHTS
Sec. 101. (a) There is created in the executive branch of the Government a Commission on Civil Rights (herein-after called the “Commission”).
(b) The Commission shall be composed of six members who shall be appointed by the President by and with the advice and consent of the Senate. Not more than three of the members shall at any one time be of the same political party.
(c) The President shall designate one of the members of the Commission as Chairman and one as Vice Chairman. The Vice Chairman shall act as Chairman in the absence or disability of the Chairman, or in the event of a vacancy in that office.
(d) Any vacancy in the Commission shall not affect its powers and shall be filled in the same manner, and subject to the same limitation with respect to party affiliations as the original appointment was made . . . .
PART IV—TO PROVIDE MEANS OF FURTHER SECURING AND PROTECTING THE RIGHT TO VOTE
Sec. 131. Section 2004 of the Revised Statutes (42 U.S.C. 1971), is amended as follows:
…No person, whether acting under cover of law or otherwise, shall intimidate, threaten, coerce, or attempt to intimidate, or coerce any other person for the purpose of interfering with the right of such other person to vote as he may choose, or of causing such other person to vote, for, or to vote as he may choose, or of causing such other person to vote for, or not to vote for, any candidate for the office of President, Vice President, presidential elector, Member of the Senate, or Member of the House of Representatives, Delegates or Commissioners from the Territories or possessions, at any general, special, or primary election held solely or in part for the purpose of selecting or electing any such candidate.
. . . Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice which would deprive any right or privilege secured by subsection (a) or (b), the Attorney General may institute for the United States, or in the name of the United States, a civil action or other proper proceeding for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order. In any proceeding hereunder the United States shall be liable for costs the same as a private person ....
In September of 1957, Arkansas Governor Orval Faubus mobilized the Arkansas National Guard in an effort to prevent African American students from entering Little Rock’s Central High School. As a result, on September 24, President Dwight D. Eisenhower issued an executive order authorizing the use of the National Guard and the Air National Guard of the United States to assist in desegregation in Little Rock.
Whereas on September 23, 1957, I issued Proclamation No. 3204 reading in part as follows:
Whereas certain persons in the State of Arkansas, individually and in unlawful assemblages, combinations, and conspiracies, have wilfully obstructed the enforcement of orders of the United States District Court for the Eastern District of Arkansas with respect to matters relating to enrollment and attendance at public schools, particularly at Central High School, located in Little Rock School District, Little Rock, Arkansas; and
Whereas such wilful obstruction of justice hinders the execution of the laws of that State and of the United States, and makes it impracticable to enforce such laws by the ordinary course of judicial proceedings; and
Whereas such obstruction of justice constitutes a denial of the equal protection of the laws secured by the Constitution of the United States and impedes the course of justice under those laws;
Now, therefore, I, Dwight D. Eisenhower, President of the United States, under and by virtue of the authority vested in me by the Constitution and Statutes of the United States, including Chapter 15 of Title 10 of the United States Code, particularly sections 332, 333 and 334 thereof, do command all persons engaged in such obstruction of justice to cease and desist therefrom, and to disperse forthwith, and
Whereas the command contained in that Proclamation has not been obeyed and wilful obstruction of enforcement of said court orders still exists and threatens to continue:
Now, therefore, by virtue of the authority vested in me by the Constitution and Statutes of the United States, including Chapter 15 of Title 10, particularly sections 332, 333 and 334 thereof, and section 301 of Title 3 of the United States Code, it is hereby ordered as follows:
Section 1. I hereby authorize and direct the Secretary of Defense to order into the active military service of the United States as he may deem appropriate to carry out the purposes of this Order, any or all of the units of the National Guard of the United States and of the Air National Guard of the United States within the State of Arkansas to serve in the active military service of the United States for an indefinite period and until relieved by appropriate orders.
Section 2. The Secretary of Defense is authorized and directed to take all appropriate steps to enforce any orders of the United States District Court for the Eastern District of Arkansas for the removal of obstruction of justice in the State of Arkansas with respect to matters relating to enrollment and attendance at public schools in the Little Rock School District, Little Rock, Arkansas. In carrying out the provisions of this section, the Secretary of Defense is authorized to use the units, and members thereof, ordered into the active military service of the United States pursuant to Section 1 of this Order.
Section 3. In furtherance of the enforcement of the aforementioned orders of the United States District Court for the Eastern District of Arkansas, the Secretary of Defense is authorized to use such of the armed forces of the United States as he may deem necessary.
Section 4. The Secretary of Defense is authorized to delegate to the Secretary of the Army or the Secretary of the Air Force, or both, any of the authority conferred upon him by this Order.
This act, signed by President Eisenhower on May 6, 1960, further defined civil rights violations and outlined penalties connected with such violations. It guaranteed the provision of criminal penalties in the event a suspect crosses state lines to avoid legal process for the actual or attempted bombing or burning of any vehicle or building, and provided penalties for persons who obstructed or interfered with any order of a federal court.
An Act to enforce constitutional rights, and for other purposes.
Sec. 201. Chapter 49 of title 18, United States Code, is amended by adding at the end thereof a new section as follows:
Section 1074. Flight to avoid prosecution for damaging or destroying any building or other real or personal property.
. . . Whoever moves or travels in interstate or foreign commerce with intent either (1) to avoid prosecution, or custody, or confinement after conviction, under the laws of the place from which he flees, for willfully attempting to or damaging or destroying by fire or explosive any building, structure, facility, vehicle, dwelling house, synagogue, church, religious center or educational institution, public or private, or (2) to avoid giving testimony in any criminal proceeding relating to any such offense shall be fined not more than $5,000 or imprisoned not more than five years, or both.
...Violations of this section may be prosecuted in the Federal judicial district in which the original crime was alleged to have been committed or in which the person was held in custody or confinement . . . .
Sec. 203. Chapter 39 of title 18 of the United States Code is amended by adding at the end thereof the following new section:
Section 837. Explosives; illegal use or possession; and, threats or false information concerning attempts to damage or destroy real or personal property by fire or explosives.
. . . Whoever transports or aids and abets another in transporting in interstate or foreign commerce any explosive, with the knowledge or intent that it will be used to damage or destroy any building or other real or personal property for the purpose of interfering with its use for educational, religious, charitable, residential, business, or civic objectives or of intimidating any person pursuing such objectives, shall be subject to imprisonment for not more than one year, or a fine of not more than $1,000 or both; and if personal injury results shall be subject to imprisonment for not more than ten years or a fine of not more than $10,000, or both; and if death results shall be subject to imprisonment for any term of years or for life, but the court may impose the death penalty if the jury so recommends.
. . . The possession of an explosive in such a manner as to evince an intent to use, or the use of, such explosive, to damage or destroy any building or other real or personal property used for educational, religious, charitable, residential, business, or civic objectives or to intimidate any person pursuing such objectives, creates rebuttable presumptions that the explosive was transported in interstate or foreign commerce or caused to be transported in interstate or foreign commerce by the person so possessing or using it, or by a person aiding or abetting the person so possessing or using it: Provided, however, that no person may be convicted under this section unless there is evidence independent of the presumptions that this section has been violated.
. . . Whoever, through the use of the mail, telephone, telegraph, or other instrument of commerce, willfully imparts or conveys, or causes to be imparted or conveyed, any threat, or false information knowing the same to be false, concerning an attempt or alleged attempt being made, or to be made, to damage or destroy any building or other real or personal property for the purpose of interfering with its use for educational, religious, charitable, residential, business, or civic objectives, or of intimidating any person pursuing such objectives, shall be subject to imprisonment for not more than one year or a fine of not more than $1,000, or both.
On September 30, 1962, riots erupted on the campus of the University of Mississippi when Governor Ross Barnett attempted to block the court-ordered admission of African American student James H. Meredith. President John F. Kennedy quickly responded by authorizing the use of federal troops to restore order.
Whereas on September 30, 1962, I issued Proclamation No. 3497 reading in part as follows:
Whereas the Governor of the State of Mississippi and certain law enforcement officers and other officials of that State, and other persons, individually and in unlawful opposing and obstructing the enforcement of orders entered by the United States District Court for the Southern District of Mississippi and the United States Court of Appeals for the Fifth Circuit; and
Whereas such unlawful assemblies, combinations, and conspiracies oppose and obstruct the execution of the laws of the United States, impede the course of justice under those laws and make it impracticable to enforce those laws in the State of Mississippi by the ordinary course of judicial proceedings; and
Whereas I have expressly called the attention of the Governor of Mississippi to the perilous situation that exists and to his duties in the premises, and have requested but have not received from him adequate assurances that the orders of the courts of the United States will be obeyed and that law and order will be maintained:
Now, therefore, I, John F. Kennedy, President of the United States, under and by virtue of the authority vested in me by the Constitution and laws of the United States, including Chapter 15 of Title 10 of the United States Code, particularly sections 332, 333 and 334 thereof, do command all persons engaged in such obstructions of justice to cease and desist therefrom to disperse and retire peaceably forth-with; and
Whereas the commands contained in that proclamation have not been obeyed and obstruction of enforcement of those court orders still exists and threatens to continue:
Now, therefore, by virtue of the authority vested in me by the Constitution and laws of the United States, including Chapter 15 of Title 10, particularly Sections 332, 333 and 334 thereof, and Section 301 of Title 3 of the United States Code, it is hereby ordered as follows:
Section 1. The Secretary of Defense is authorized and directed to take all appropriate steps to enforce all orders of the United States District Court for the Southern District of Mississippi and the United States Court of Appeals for the Fifth Circuit and to remove all obstructions of justice in the State of Mississippi.
Section 2. In furtherance of the enforcement of the aforementioned orders of the United States District Court for the Southern District of Mississippi and the United States Court of Appeals for the Fifth Circuit, the Secretary of Defense is authorized to use such of the armed forces of the United States as he may deem necessary.
Section 3. I hereby authorize the Secretary of Defense to call into the active military service of the United States, as he may deem appropriate to carry out the purposes of this order, any or all of the units of the Army National Guard and of the Air National Guard of the State of Mississippi to serve in the active military service of the United States for an indefinite period and until relieved by appropriate orders. In carrying out the provisions of Section 1, the Secretary of Defense is authorized to use the units, and members thereof, ordered into the active military service of the United States pursuant to this section.
Section 4. The Secretary of Defense is authorized to delegate to the Secretary of the Army or the Secretary of the Air Force, or both, any of the authority conferred upon him by this order.
In 1963, a series of events in Birmingham, Alabama made known the plight of African Americans to the nation at large. African American citizens were arrested en masse during peaceful demonstrations—demonstrations which were crushed by police dogs and firehoses. The Manifesto, dated April 3, 1963, embodied the hope of the African American community in Birmingham that law, order, and peace would somehow prevail.
The patience of an oppressed people cannot endure forever. The Negro citizens of Birmingham for the last several years have hoped in vain for some evidence ...[of the] . . . resolution of our just grievances.
Birmingham is part of the United States and we are bona fide citizens. Yet the history of Birmingham reveals that very little of the democratic process touches the life of the Negro in Birmingham. We have been segregated racially, exploited economically, and dominated politically. Under the leadership of the Alabama Christian Movement for Human Rights, we sought relief by petition for the repeal of city ordinances requiring segregation and the institution of a merit hiring policy in city employment. We were rebuffed. We then turned to the system of the courts. We weathered set-back after setback, with all of its costliness, finally winning the terminal, bus, parks and airport cases. The bus decision has been implemented begrudging and the parks decision prompted the closing of all municipally-owned recreational facilities with the exception of the zoo and Legion Field . . . .
We have always been a peaceful people, bearing our oppression with superhuman effort. Yet we have been the victims of repeated violence, not only that inflicted by the hoodlum element but also that inflicted by the blatant misuse of police power .... For years, while our homes and churches were being bombed, we heard nothing but the rantings and ravings of racist city officials.
The Negro protest for equality and justice has been a voice crying in the wilderness. Most of Birmingham has remained silent, probably out of fear. In the meanwhile, our city has acquired the dubious reputation of being the worst big city in race relations in the United States. Last fall, for a flickering moment, it appeared that sincere community leaders from religion, business and industry discerned the inevitable confrontation in race relations approaching. Their concern for the city’s image and commonwealth of all its citizens did not run deep enough. Solemn promises were made, pending a postponement of direct action, that we would be joined in a suit seeking the relief of segregation ordinances. Some merchants agreed to desegregate their restrooms as a good faith start, some actually complying, only to retreat shortly thereafter. We hold in our hands now, broken faith and broken promises. We believe in the American Dream of democracy, in the Jeffersonian doctrine that “all men are created equal and are endowed by their Creator with certain inalienable rights, among these being life, liberty and the pursuit of happiness.”
Twice since September we have deferred our direct action thrust in order that a change in city government would not be made in the hysteria of a community crisis. We act today in full concert with our Hebraic-Christian traditions, the law of morality and the Constitution of our nation. The absence of justice and progress in Birmingham demands that we make a moral witness to give our community a chance to survive. We demonstrate our faith that we believe that the beloved community can come to Birmingham. We appeal to the citizenry of Birmingham, Negro and white, to join us in this witness for decency, morality, self-respect and human dignity. Your individual and corporate support can hasten the day of “liberty and justice for all.” This is Birmingham’s moment of truth in which every citizen can play his part in her larger destiny . . . .
On August 28, 1963, some 250,000 people gathered at the Lincoln Memorial in Washington, DC, in order to raise thenation’s consciousness and to demonstrate on behalf of the civil legislation being debated in Congress. It was during this demonstration that Dr. Martin Luther King Jr. gave the “I Have a Dream” speech.
I am happy to join with you today in what will go down in history as the greatest demonstration for freedom in the history of our nation.
Five score years ago, a great American, in whose symbolic shadow we stand today, signed the Emancipation Proclamation. This momentous decree came as a great beacon of light of hope to millions of Negro slaves who had been seared in the flames of withering injustice. It came as a joyous daybreak to end the long night of their captivity.
But one hundred years later, the Negro is still not free. One hundred years later, the life of the Negro is still sadly crippled by the manacles of segregation and the chains of discrimination. One hundred years later, the Negro lives on a lonely island of poverty in the midst of a vast ocean of material prosperity. One hundred years later, the Negro is still languished in the corners of American society and finds himself an exile in his own land. So we have come here today to dramatize a shameful condition.
In a sense we have come to our nation’s capitol to cash a check. When the architects of our republic wrote the magnificent words of the Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir. This note was a promise that all men, yes black men as well as white men, would be guaranteed the unalienable rights of life, liberty, and the pursuit of happiness. It is obvious today that America has defaulted on this promissory note insofar as her citizens of color are concerned. Instead of honoring this sacred obligation, America has given the Negro people a bad check: a check which has come back marked “insufficient funds.” But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation. So we have come to cash this check—a check that will give us upon demand the riches of freedom and the security of justice.
We have also come to this hallowed spot to remind America of the fierce urgency of now. This is not the time to engage in the luxury of cooling off or to take the tranquilizing drug of gradualism. Now is the time to make real the promises of democracy. Now is the time to rise from the dark and desolate valley of segregation to the sunlit path of racial justice. Now is the time to lift our nation from the quicksands of racial injustice to the solid rock of brotherhood. Now is the time to make justice a reality for all of God’s children.
It would be fatal for the nation to overlook the urgency of the moment and to underestimate the determination of the Negro. This sweltering summer of the Negro’s legitimate discontent will not pass until there is an invigorating autumn of freedom and equality. Nineteen hundred and sixty-three is not an end, but a beginning. Those who hope that the Negro needed to blow off steam, and will now be content will have a rude awakening if the Nation returns to business as usual. There will neither be rest nor tranquility in America until the Negro is granted his citizenship rights. The whirlwinds of revolt will continue to shake the foundations of our Nation until the bright day of justice emerges.
But there is something that I must say to my people who stand on the warm threshold which leads into the palace of justice. In the process of gaining our rightful place we must not be guilty of wrongful deeds. Let us not seek to satisfy our thirst for freedom by drinking from the cup of bitterness and hatred.
We must forever conduct our struggle on the high plane of dignity and discipline. We must not allow our creative protest to degenerate into physical violence. Again and again we must rise to the majestic heights of meeting physical force with soul force. The marvelous new militancy which has engulfed the Negro community must not lead us to a distrust of all white people, for many of our white brothers, as evidenced by their presence here today, have come to realize that their destiny is tied up with our destiny and their freedom is inextricably bound to our freedom. We cannot walk alone.
And as we walk, we must make the pledge that we shall always march ahead. We cannot turn back. There are those who are asking the devotees of civil rights, “when will you be satisfied?” We can never be satisfied as long as the Negro is the victim of the unspeakable horrors of police brutality. We can never be satisfied as long as our bodies, heavy with the fatigue of travel, cannot gain lodging in the motels of the highways and the hotels of the cities. We cannot be satisfied as long as the Negro’s basic mobility is from a smaller ghetto to a larger one. We can never be satisfied as long as our children are stripped of their self-hood and robbed of their dignity by signs reading “For Whites Only.” We can never be satisfied as long as a Negro in Mississippi cannot vote and a Negro in New York believes he has nothing for which to vote. No. No, we are not satisfied, and we will not be satisfied until justice rolls down like waters, and righteousness like a mighty stream.
I am not unmindful that some of you have come here out of great trials and tribulations. Some of you have come fresh from narrow jail cells. Some of you have come from areas where your quest for freedom left you battered by the storms of persecution and staggered by the winds of police brutality. You have been the victims of creative suffering. Continue to work with the faith that unearned suffering is redemptive.
Go back to Mississippi, go back to Alabama, go back to South Carolina, go back to Georgia, go back to Louisiana, go back to the slums and ghettos of our northern cities, knowing that somehow this situation can and will be changed. Let us not wallow in the valley of despair.
I say to you today, my friends, that in spite of the difficulties and frustrations of the moment, I still have a dream. It is a dream deeply rooted in the American dream. I have a dream that one day this nation will rise up and live out the true meaning of its creed: “We hold these truths to be self-evident—that all men are created equal.”
I have a dream that one day on the red hills of Georgia the sons of former slaves and the sons of former slaveowners will be able to sit down together at the table of brotherhood. I have a dream that one day even the state of Mississippi, a desert state sweltering with the heat of injustice and oppression, will be transformed into an oasis of freedom and justice.
I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.
I have a dream today.
I have a dream that one day the state of Alabama, whose governor’s lips are presently dripping with the words of interposition and nullification, will be transformed into a situation where little black boys and black girls will be able to join hands with little white boys and white girls and walk together as sisters and brothers.
I have a dream today.
I have a dream that one day every valley shall be exalted, every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight, and the glory of the Lord shall be revealed, and all flesh shall see it together.
This is our hope. This is the faith with which I return to the South. With this faith we will be able to transform the jangling discords of our nation into a beautiful symphony of brotherhood. With this faith we will be able to work together, to pray together, to struggle together, to go to jail together, to stand up for freedom together, knowing that we will be free one day.
This will be the day when all of God’s children will be able to sing the new meaning “My country ‘tis of thee, sweet land of liberty, of thee I sing. Land where my fathers died, land of the pilgrim’s pride, from every mountainside, let freedom ring.”
And if America is to be a great nation this must become true. So let freedom ring from the prodigious hilltops of New Hampshire! Let freedom ring from the mighty mountains of New York! Let freedom ring from the heightening Alleghenies of Pennsylvania!
Let freedom ring from the snowcapped Rockies of Colorado!
Let freedom ring from the curvaceous peaks of California!
But not only that; let freedom ring from Stone Mountain of Georgia!
Let freedom ring from Lookout Mountain of Tennessee.
Let freedom ring from every hill and mole hill of Mississippi. From every mountainside, let freedom ring.
When we let freedom ring, when we let it ring from every village and every hamlet, from every state and every city, we will be able to speed up that day when all God’s children—black men and white men, Jews and Gentiles, Protestants and Catholics—will be able to join hands and sing in the words of that old Negro spiritual, Free at last! Free at last! Thank God almighty, we are free at last!
By 1964, when the Twenty-Fourth Amendment was ratified, most states had already discontinued the use of the poll tax, which had proved to be one of the most effective means of keeping African Americans from the polls—only the states of Alabama, Arkansas, Mississippi, Texas, and Virginia still implemented such a tax. The amendment, proposed in 1962, banned the use of poll taxes as a prerequisite to participating in federal elections; ruling in the case Harper v. Virginia Board of Elections, the U.S. Supreme Court banned the use of poll taxes in state elections.
Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.
Section 2. The congress shall have power to enforce this article by appropriate legislation.
This civil rights act was signed by President Lyndon B. Johnson on July 2, 1964, although it had been initiated by President John F. Kennedy in June of 1963. More comprehensive than previous acts, the 1964 act contained 11 titles covering the areas of voting rights, access to public facilities, federal aid to schools engaged in the process of desegregation, discrimination in federally funded programs,and discrimination in employment. The act also strengthened earlier voter registration protection; made racial discrimination in restaurants, hotels, and motels illegal; provided for equal access to public parks, pools, and other facilities; outlined unlawful employment practice; and mandated the creation of a federal Equal Employment Opportunity Commission.
An Act to enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes.
TITLE I—VOTING RIGHTS
Sec. 101. Section 2004 of the Revised Statutes (42 U.S.C. 1971) . . . is further amended as follows: . . . .
. . . “No Person acting under color of law shall—”
“(A) In determining whether any individual is qualified under State law or laws to vote in any Federal election, apply any standard, practice, or procedure different from the standards, practices, or procedures applied under such law or laws to other individuals within the same county, parish, or similar political subdivision who have been found by State officials to be qualified to vote;”
“(B) deny the right of any individual to vote in any Federal election because of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under State law to vote in such election; or”
“(C) employ any literacy test as a qualification for voting in any Federal election unless (I) such test is administered to each individual and is conducted wholly in writing, and (II) a certified copy of the test and of the answers given by the individual is furnished to him within twenty-five days of the submission of his request made within the period of time during which records and papers are required to be retained and preserved pursuant to title III of the Civil Rights Act of 1960 (42 U.S.C. 1974–74e; 74 Stat. 88) . . . .”
Sec. 201. (a) All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin.
(b) Each of the following establishments which serves the public is a place of public accommodation within the meaning of this title if its operations affect commerce, or if discrimination or segregation by it is supported by State action:
(1) any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence;
(2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station;
(3) any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and
(4) any establishment (A)(I) which is physically located within the premises of any establishment otherwise covered by this subsection, or (II) within the premises of which is physically located any such covered establishment, and (B) which holds itself out as serving patrons of such covered establishment . . . .
(e) The provisions of this title shall not apply to a private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available to the customers or patrons of an establishment within the scope of subsection (b).
Sec. 206. (a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States . . . .
TITLE IV—DESEGREGATION OF PUBLIC EDUCATION
Sec. 407. (a) Whenever the Attorney General receives a complaint in writing—
(1) signed by a parent or group of parents to the effect that his or their minor children, as members of a class of persons similarly situated, are being deprived by a school board of the equal protection of the laws, or
(2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, or national origin and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate ....
TITLE VI—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS
Sec. 601. No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance ....
TITLE VII—EQUAL EMPLOYMENT OPPORTUNITY
Sec. 703. (a) It shall be an unlawful employment practice for an employer—
(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or
(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.
(b) It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.
(c) It shall be an unlawful employment practice for a labor organization—
(1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin;
(2) to limit, segregate, or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual’s race, color, religion, sex, or national origin; or
(3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section.
(d) It shall be an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs to discriminate against any individual because of his race, color, religion, sex, or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.
(e) Notwithstanding any other provision of this title, (1) it shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise . . . .
Sec. 705. (1) There is hereby created a Commission to be known as the Equal Employment Opportunity Commission, which shall be composed of five members, not more than three of whom shall be members of the same political party, who shall be appointed by the President by and with the advice and consent of the Senate ....
On September 24, 1965, President Lyndon B. Johnson issued the following executive order, prohibiting discrimination in government employment and government contracting.
Under and by virtue of the authority vested in me as President of the United States by the Constitution and statutes of the United States, it is ordered as follows:
PART I—NONDISCRIMINATION IN GOVERNMENT EMPLOYMENT
Section 101. It is the policy of the Government of the United States to provide equal opportunity in Federal employment for all qualified persons, to prohibit discrimination in employment because of race, creed, color, or national origin, and to promote the full realization of equal employment opportunity through a positive, continuing program in each executive department and agency. The policy of equal opportunity applies to every aspect of Federal employment policy and practice.
Section 102. The head of each executive department and agency shall establish and maintain a positive program of equal employment opportunity for all civilian employees and applicants for employment within his jurisdiction in accordance with the policy set forth in Section 101.
Section 103. The Civil Service Commission shall supervise and provide leadership and guidance in the conduct of equal employment opportunity programs for the civilian employees of and applications for employment within the executive departments and agencies and shall review agency program accomplishments periodically. In order to facilitate the achievement of a model program for equal employment opportunity in the Federal service, the Commission may consult from time to time with such individuals, groups, or organizations as may be of assistance in improving the Federal program and realizing the objectives of this part.
Section 104. The Civil Service Commission shall provide for the prompt, fair, and impartial consideration of all complaints of discrimination in Federal employment on the basis of race, creed, color, or national origin. Procedures for the consideration complaints shall include at least one impartial review within the executive department or agency and shall provide for appeal to the Civil Service Commission.
Section 105. The Civil Service Commission shall issue such regulations, orders, and instructions as it deems necessary and appropriate to carry out its responsibilities under this Part, and the head of each executive department and agency shall comply with the regulations, orders, and instructions issued by the Commission under this Part.
PART II—NONDISCRIMINATION IN EMPLOYMENT BY GOVERNMENT CONTRACTORS AND SUBCONTRACTORS
Section 201. The Secretary of Labor shall be responsible for the administration of Parts II and III of this Order and shall adopt such rules and regulations and issue such orders as he deems necessary and appropriate to achieve the purposes thereof.
Section 202. Except in contracts exempted in accordance with Section 204 of this Order, all Government contracting agencies shall include in every Government contract hereafter entered into the following provisions:
“(1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.”
“(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin . . . .”
PART III—NONDISCRIMINATION PROVISIONS IN FEDERALLY ASSISTED CONSTRUCTION CONTRACTS
Section 301. Each executive department and agency which administers a program involving Federal financial assistance shall require as a condition for approval of any grant, contract, loan, insurance, or guarantee thereunder, which may involve a construction contract, that the applicant for Federal assistance undertake and agree to incorporate, or cause to be incorporated, into all construction contracts paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to such grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the provisions prescribed for Government contracts by Section 202 of this Order or such modification thereof, preserving in substance the contractor’s obligations thereunder, as may be approved by the Secretary of Labor, together with such additional provisions as the Secretary deems appropriate to establish and protect the interest of the United States in the enforcement of those obligations . . . .
Signed by President Lyndon B. Johnson on August 6, 1965, the Voting Rights Act was an outgrowth of the protest demonstrations organized by African Americans to draw attention to discriminatory voter-registration practices inseveral Southern states. The 1965 law abolished literacy, knowledge, and character tests as qualifications for voting; empowered federal registrars to register potential voters in any county where, in the judgments of the U.S. attorney general, registrars were indeed necessary to enforce the Fifteenth Amendment; and gave the U.S. attorney general the right to take whatever legal action be deemed necessary to eliminate any equivalent of the poll tax.
Although the single aim of the Voting Rights Act of 1965 was African American enfranchisement in the South, obstacles to registration and voting faced by all minorities were affected. Its potential as a tool for Hispanic Americans, however, was not fully realized for nearly a decade.
An Act to enforce the Fifteenth Amendment to the Constitution of the United States, and for other purposes.
Section 2. No voting qualification or prerequisite to voting, or standard, practice, or procedure shall be imposed or applied by any State or political subdivision to deny or abridge the right of any citizen of the United States to vote on account of race or color.
Section 4. (a) To assure that the right of citizens of the United States to vote is not denied or abridged on account of race or color, no citizen shall be denied the right to vote in any Federal, State, or local election because of his failure to comply with any test or device in any State with respect to which the determinations have been made under subsection (b) or in any political subdivision with respect to which such determinations have been made as a separate unit, unless the United States District Court for the District of Columbia in an action for a declaratory judgment brought by such State or subdivision against the United States has determined that no such test or device has been used during the five years preceding the filing of the action for the purpose or with the effect of denying or abridging the right to vote on account of race or color: Provided, That no such declaratory judgment shall issue with respect to any plaintiff for a period of five years after the entry of a final judgment of any court of the United States, other than the denial of a declaratory judgment under this section, whether entered prior to or after the enactment of this Act, determining that denials or abridgments of the right to vote on account of race or color through the use of such tests or devices have occurred anywhere in the territory of such plaintiff ....
(d) For purposes of this section no State or political subdivision shall be determined to have engaged in the use of tests or devices for the purpose or with the effect of denying or abridging the right to vote on account of race or color if (1) incidents of such use have been few in number and have been promptly and effectively corrected by State or local action, (2) the continuing effect of such incidents has been eliminated, and (3) there is no reasonable probability of their recurrence in the future . . . .
Section 10. (a) The Congress finds that the requirement of the payment of a poll tax as a precondition to voting (I) precludes persons of limited means from voting or imposes unreasonable financial hardship upon such persons as a precondition to their exercise of the franchise, (II) does not bear a reasonable relationship to any legitimate State interest in the conduct of elections, and (III) in some areas has the purpose or effect of denying persons the right to vote because of race or color. Upon the basis of these findings, Congress declares that the constitutional right of citizens to vote is denied or abridged in some areas by the requirement of the payment of a poll tax as a precondition to voting ....
Section 11. (a) No person acting under color of law shall fail or refuse to permit any person to vote who is entitled to vote under any provision of this Act or is otherwise qualified to vote, or willfully fail or refuse to tabulate, count, and report such person’s vote.
(b) No person, whether acting under color of law or otherwise, shall intimidate, threaten, or coerce, or attempt to intimidate, threaten or coerce any person for voting or attempting to vote, or intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for urging or aiding any person to vote or attempt to vote, or intimidate, threaten, or coerce any person for exercising any powers or duties under section 3 (a), 6, 8, 9, 10, or 12 (e) . . . .
Section 14. (1) The terms “vote” or “voting” shall include all action necessary to make a vote effective in any primary, special, or general election, including, but not limited to, registration, listing pursuant to this Act, or other action required by law prerequisite to voting, casting a ballot, and having such ballot counted properly and included in the appropriate totals of votes cast with respect to candidates for public or party office and propositions for which votes are received in an election . . . .
Sec. 17. Nothing in this Act shall be construed to deny, impair, or otherwise adversely affect the right to vote of any person registered to vote under the law of any state or political subdivision . . . .
The Black Panther Party relied on a strict and uncompromising regimen to mold its members into a unified and cohesive revolutionary force. Similar to the Nation of Islam, the party denounced all intoxicants, drugs, and artificial stimulants “while doing party work.” The intellectual fare of every party member was the ten-point program, which every member was obliged to know, understand, and even to commit to memory.
1. We want FREEDOM. We want power to determine the destiny of our Black Community.
We believe that black people will not be free until we are able to determine our destiny.
2. We want full employment for our people.
We believe that the federal government is responsible and obligated to give every man employment or a guaranteed income. We believe that if the white American businessman will not give full employment, then the means of production should be taken from the businessmen and placed in the community so that the people of the community can organize and employ all of its people and give a high standard of living.
3. We want an end to the robbery by the CAPITALIST of our Black Community.
We believe that this racist government has robbed us and now we are demanding the overdue debt of forty acres and two mules. Forty acres and two mules was promised 100 years ago as restitution for slave labor and mass murder of black people. We will accept the payment in currency which will be distributed to our many communities. The Germans are now aiding the Jews in Israel for the genocide of the Jewish people. The Germans murdered six million Jews. The American racist has taken part in the slaughter of over fifty million black people, therefore, we feel that this is a modest demand that we make.
4. We want decent housing, fit for shelter of human beings.
We believe that if the white landlords will not give decent housing to our black community, then the housing and the land should be made into cooperatives so that our community, with government aid, can build and make decent housing for its people.
5. We want education for our people that exposes the true nature of this decadent American society. We want education that teaches us our true history and our role in the present-day society.
We believe in an educational system that will give to our people a knowledge of self. If a man does not have knowledge of himself and his position in society and the world, then he has little chance to relate to anything else.
6. We want all black men to be exempt from military service.
We believe that Black people should not be forced to fight in the military service to defend a racist government that does not protect us. We will not fight and kill other people of color in the world who, like black people, are being victimized by the white racist government of America. We will protect ourselves from the force and violence of the racist police and the racist military, by whatever means necessary.
7. We want an immediate end to POLICE BRUTALITY and MURDER of black people.
We believe we can end police brutality in our black community by organizing black self-defense groups that are dedicated to defending our black community from racist police oppression and brutality. The Second Amendment to the Constitution of the United States gives a right to bear arms. We therefore believe that all black people should arm themselves for self-defense.
8. We want freedom for all black men held in federal, state, county and city prisons and jails.
We believe that all black people should be released from the many jails and prisons because they have not received a fair and impartial trial.
9. We want all black people when brought to trial to be tried in court by a jury of their peer group or people from their black communities, as defined by the constitution of the United States.
We believe that the courts should follow the United States Constitution so that black people will receive fair trials. The 14th Amendment of the U.S. Constitution gives a man a right to be tried by his peer group. A peer is a person from a similar economic, social, religious, geographical, environmental, historical and racial background. To do this the court will be forced to select a jury from the black community from which the black defendant came. We have been, and are being tried by all-white juries that have no understanding of the “average reasoning man” of the black community.
10. We want land, bread, housing, education, clothing, justice and peace. And as our major political objective, a United Nations-supervised plebiscite to be held throughout the black colony in which only black colonial subjects will be allowed to participate, for the purpose of determining the will of black people as to their national destiny.
When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume, among the powers of the earth, the separate and equal station to which the laws of nature and nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness.
That, to secure these rights, governments are instituted among them, deriving their just powers from the consent of the governed; that, whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.
Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and, accordingly, all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But, when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security.
Title VIII of Public Law 90–284, the Civil Rights Act of 1968, is better known as the Fair Housing Act. It was signed by President Lyndon B. Johnson on April 11, 1968, and created a national housing policy. The act made discrimination in the sale or rental or financing of housing illegal, and empowered the U.S. attorney general to take action in such cases.
TITLE VIII—FAIR HOUSING
Sec. 801. It is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States.
Section 804. As made applicable by section 803 and except as exempted by sections 803(b) and 807, it shall be unlawful—
(a) to refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, or national origin.
(b) to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection there-with, because of race, color, religion, or national origin.
(c) to make, print, or publish or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, or national origin, or an intention to make any such preference, limitation, or discrimination.
(d) to represent to any person because of race, color, religion, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.
(e) for profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, or national origin.
Sec. 805. After December 31, 1968, it shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, because of the race, color, religion, or national origin of such person or of any person associated with him in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or of the present or prospective owners, leases, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given . . . .
TITLE IX—PREVENTION OF INTIMIDATION IN FAIR HOUSING CASES
Section 901. Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with—
(a) any person because of his race, color, religion or national origin and because he is or has been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings; or
(b) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from—
(1) participating, without discrimination on account of race, color, religion or national origin, in any of the activities, services, organizations or facilities described in subsection 901(a) ....
On July 25, 1974, Congresswoman Barbara Jordan appeared on television to offer her position on the impeachment of the President of the United States, Richard Nixon. Solemn, exhausted, she hunched over four annotated amended pages of her personal notes, as well as four pages of historical impeachment criteria set against the president’s conduct. Her black-rimmed glasses reflected the glare of the lighting in the room as she examined her notes. At that moment, she improvised her speech while looking into the television cameras.
“We the people”—it is a very eloquent beginning. But when the Constitution of the United States was completed on the seventeenth of September in 1787, I was not included in that “We the people.” I felt for many years that somehow George Washington and Alexander Hamilton just left me out by mistake. But through the process of amendment, interpretation, and court decision, I have finally been included in “We the people.”
It is wrong, I suggest, it is a misreading of the Constitution for any member here to assert that for a member to vote for an Article of Impeachment means that the member must be convinced that the President should be removed from office. The Constitution doesn’t say that. The powers relating to impeachment are an essential check in the hands of this body, the legislature, against and upon the encroachment of the Executive. In establishing the division between the two branches of the legislature, the House and the Senate, assigning to one the right to accuse and the other the right to judge, the framers of this Constitution were very astute. They did not make the accusers and the judges the same persons.
We know the nature of impeachment. We have been talking about it for a while now. “It is chiefly designed for the President and his high ministers” to somehow be called into account. It is designed to “bridle” the Executive if he engages in excesses. It is designed as a method of national “inquest into the conduct of public men . . . .” The nature of impeachment is a narrowly channeled exception to the separation of powers maxim; the Federal Convention of 1787 said that. It limited impeachment to “high crimes and misdemeanors” and discounted and opposed the term “maladministration.”
The drawing of political lines goes to the motivation behind impeachment; but impeachment must proceed within the confines of the constitutional term “high crimes and misdemeanors.”
What the President did know on the twenty-third of June was the prior activities of E. Howard Hunt, which included his participation in the break-in of Daniel Ellsberg’s psychiatrist, which included Howard Hunt’s participation in the Dita Beard ITT affair, which included Howard Hunt’s fabrication of cables, designed to discredit the Kennedy administration.
We have heard time and time again that the evidence reflects payment to the defendants of money. The President has knowledge that these funds were being paid and that these were funds collected for the 1972 presidential campaign.
Beginning shortly after the Watergate break-in and continuing to the present time, the President has engaged in a series of public statements and actions designed to thwart the lawful investigation by government prosecutors. Moreover, the President has made public announcements and assertions bearing on the Watergate case which the evidence will show he knows to be false . . . .
The Constitution charges that President with the task of taking care that the laws be faithfully executed, and yet the President has counseled his aides to commit perjury, willfully disregarded the secrecy of grand jury proceedings, concealed surreptitious entry, attempted to compromise a federal judge while publicly displaying his cooperation with the processes of criminal justice ....
If the impeachment provision in the Constitution of the United States will not reach the offenses charged here, then perhaps that eighteenth-century Constitution should be abandoned to a twentieth-century paper shredder. Has the President committed offenses and planned and directed and acquiesced in a course of conduct which the Constitution will not tolerate? That is the question. We know that. We know the question. We should now forthwith proceed to answer the question. It is reason and not passion which must guide our deliberations, guide our debate, and guide our decision.
PRESIDENT GEORGE BUSH’S MESSAGE TO THE SENATE RETURNING WITHOUT APPROVAL THE CIVIL RIGHTS ACT OF 1990, 26 WEEKLY COMP. PRES.DOC. 1632–34 (OCT. 22, 1990)
In June 1989 the U.S. Supreme Court delivered opinions in several cases dealing with seniority systems and racial discrimination in employment. Ruling in the cases Lorance v. ATT Technologies Inc., Martin v. Wilks, Patterson v. McLean Credit Union, and Wards Cove Packing Co. v. Antonio, the Court appeared to reverse earlier civil rights rulings. Civil rights organizations were quick to protest the rulings; opponents of the ruling, including the NAACP Legal Defense and Educational Fund, the Leadership Conference on Civil Rights, the American Civil Liberties Union, and the National Organization of Women, argued that the Court had undermined the protection granted by federal civil rights and equal employment legislation.
On October 16 and 17, 1990, both houses of Congress approved a bill designed to reverse the Court’s ruling. On October 22, President Bush vetoed the bill, claiming that the bill’s provisions would encourage employers to establish hiring quotas.
To the Senate of the United States.
I am today returning without my approval [Separate Bill] 2104, the “Civil Rights Act of 1990.” I deeply regret having to take this action with respect to a bill bearing such a title, especially since it contains certain provisions that I strongly endorse.
Discrimination, whether on the basis of race, national origin, sex, religion, or disability, is worse than wrong. It is a fundamental evil that tears at the fabric of our society, and one that all Americans should and must oppose. That requires rigorous enforcement of existing antidiscrimination laws . . . .
. . . Despite the use of the term “civil rights” in the title of S. 2104, the bill actually employs a maze of highly legalistic language to introduce the destructive force of quotas into our Nation’s employment system. Primarily through provisions governing cases in which employment practices are alleged to have unintentionally caused the disproportionate exclusion of members of certain groups, S. 2104 creates powerful incentives for employers to adopt hiring and promotion quotas. These incentives are created by the bill’s new and very technical rules of litigation, which will make it difficult for employers to defend legitimate employment practices. In many cases, a defense against unfounded allegations will be impossible. Among other problems, the plaintiff often need not even show that any of the employer’s practices caused a significant statistical disparity. In other cases, the employer’s defense is confined to an unduly narrow definition of “business necessity” that is significantly more restrictive than that established by the Supreme Court in Griggs v. Duke Power Co. and in two decades of subsequent decisions. Thus, unable to defend legitimate practices in court, employers will be driven to adopt quotas in order to avoid liability.
Proponents of S. 2104 assert that it is needed to overturn the Supreme Court’s Wards Cove Packing Co. v. Antonio decision and restore the law that had existed since the Griggs case in 1971. S. 2104, however, does not in fact codify Griggs or the Court’s subsequent decisions prior to Ward Cove. Instead, S. 2104 engages in a sweeping rewrite of two decades of Supreme Court jurisprudence, using language that appears in no decision of the Court and that is contrary to principles acknowledged even by the Justice Stevens’s dissent in Wards Cove: “The opinion in Griggs made it clear that a neutral practice that operates to exclude minorities is nevertheless lawful if it serves a valid business purpose.”
I am aware of the dispute among lawyers about the proper interpretation of certain critical language used in this portion of S. 2104. The very fact of this dispute suggests that the bill is not codifying the law developed by the Supreme Court in Griggs and subsequent cases. This debate, moreover, is a sure sign that S. 2104 will lead to years—perhaps decades—of uncertainty and expensive litigation. It is neither fair nor sensible to give the employers of our country a difficult choice between using quotas and seeking a clarification of the law through costly and very risky litigation.
D. 3205 contains several other unacceptable provisions as well. One section unfairly closes the courts, in many instances, to individuals victimized by agreements, to which they were not a party, involving the use of quotas. Another section radically alters the remedial provisions in Title VII of the Civil Rights Act of 1964, replacing measures designed to foster conciliation and settlement with a new scheme modeled on a tort system widely acknowledged to be in a state of crisis. The bill also contains a number of provisions that will create unnecessary and inappropriate incentives for litigation. These include unfair retroactivity rules; attorneys fee provisions that will discourage settlements; unreasonable new statutes of limitation; and a “rule of construction” that will make it extremely difficult to know how courts can be expected to apply the law. In order to assist the Congress regarding legislation in this area, I enclose herewith a memorandum from the Attorney General explaining in detail the defects that make S. 2104 unacceptable.
Our goal and our promise has been equal opportunity and equal protection under the law. That is a bedrock principle from which we cannot retreat. The temptation to support a bill—any bill—simply because its title includes the words “civil rights” is very strong. This impulse is not entirely bad. Presumptions have too often run the other way, and our Nation’s history on racial questions cautions against complacency. But when our efforts, however well intentioned, result in quotas, equal opportunity is not advanced but thwarted. The very commitment to justice and equality that is offered as the reason why this bill should be signed requires me to veto it . . . .
The White House,
October 22, 1990
After vetoing Congress’s 1990 civil rights legislation, the Bush administration joined both houses of Congress in working on alternative bills. Following months of negotiation, the Senate passed Senate Bill 1745 on October 30; the House passed the bill on November 7. On November 21, President George Bush signed the Civil Rights Act of 1991.
This act is designed to provide additional remedies to deter harassment and intentional discrimination in the workplace, to provide guidelines for the adjudication of cases arising under Title VII ...and to expand the scope of civil rights legislation weakened by Supreme Court decisions, particularly the Court’s ruling in Wards Cove Packing Co. v. Antonio, 490 US 642 (1989).
Sec. 2. Findings
The Congress finds that—
(1) additional remedies under Federal law are needed to deter unlawful harassment and intentional discrimination in the workplace;
(2) the decision of the Supreme Court in Wards Cove Packing Co. v. Antonio, 490 U.S. 642 (1989) has weakened the scope and effectiveness of Federal civil rights protections; and
(3) legislation is necessary to provide additional protections against unlawful discrimination in employment.
Sec. 3. Purposes.
The purposes of this Act are—
(1) to provide appropriate remedies for intentional discrimination and unlawful harassment in the workplace;
(2) to codify the concepts of “business necessity” and “job related” enunciated by the Supreme Court in Griggs v. Duke Power Co., 401 U.S. 424 (1971), and in the other Supreme Court decisions prior to Wards Cove Packing Co. v. Antonio, 490 U.S. 642 (1989);
(3) to confirm statutory authority and provide statutory guidelines for the adjudication of disparate impact suits under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); and
(4) to respond to recent decisions of the Supreme Court by expanding the scope of relevant civil rights statutes in order to provide adequate protection to victims of discrimination.
TITLE I—FEDERAL CIVIL RIGHTS REMEDIES
Sec. 105. Burden of Proof in Disparate Impact Cases.
(a) Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2) is amended by adding at the end the following new subsection:
. . . An unlawful employment practice based on disparate impact is established under this title only if—
. . . A complaining party demonstrates that a respondent used a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity . . . .
. . . With respect to demonstrating that a particular employment practice causes a disparate impact as described in subparagraph
(A)(I), the complaining party shall demonstrate that each particular challenged employment practice causes a disparate impact, except that if the complaining party can demonstrate to the court that the elements of a respond-ent’s decisionmaking process are not capable of separation for analysis, the decisionmaking process may be analyzed as one employment practice.
. . . If the respondent demonstrates that a specific employment practice does not cause the disparate impact, the respondent shall not be required to demonstrate that such practice is required by business necessity . . . .
Sec. 106. Prohibition Against Discriminatory Use of Test Scores.
Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2) (as amended by section 105) is further amended by adding at the end of the following new subsection:
. . . It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment related tests on the basis of race, color, religion, sex, or national origin . . . .
TITLE II—GLASS CEILING
Sec. 202 Findings and Purpose.
(a) Findings—Congress finds that—
(1) despite a dramatically growing presence in the workplace, women and minorities remain underrepresented in management and decision-making positions in business;
(2) artificial barriers exist to the advancement of women and minorities in the workplace;
(3) United States corporations are increasingly relying on women and minorities to meet employment requirements and are increasingly aware of the advantages derived from a diverse work force;
(4) the “Glass Ceiling Initiative” undertaken by the Department of Labor, including the release of the report entitled “Report on the Glass Ceiling Initiative,” has been instrumental in raising public awareness of—
(A) the underrepresentation of women and minorities at the management and decision-making levels in the United States work force;
(B) the underrepresentation of women and minorities in line functions in the United States work force;
(C) the lack of access for qualified women and minorities to credential-building developmental opportunities; and
(D) the desirability of eliminating artificial barriers to the advancement of women and minorities to such levels;
(f) the establishment of a commission to examine issues raised by the Glass Ceiling Initiative would help—
(A) focus greater attention on the importance of eliminating artificial barriers to the advancement of women and minorities to management and decision-making positions in business; and
(B) promote work force diversity ....
In early 1995, Minister Louis Farrakhan of the Nation of Islam proposed a Million Man March on Washington for that fall. The organizers described the March as an opportunity for black men to take responsibility for their lives and communities, and to demonstrate their repentance for their mistreatment of black women. In addition, the March was designed to unite blacks and to point up the lack of national action against racial inequality.
Even as March organizers, most notably ousted NAACP head Rev. Benjamin F. Chavis Muhammad, began an extensive publicity campaign, many whites and African Americans spoke out against the proposed March. Feminist scholar Angela Davis and Black leader Amiri Baraka led the criticism of the exclusion of black women, while journalist Carl Rowan and scholar Roger Wilkins denounced the whole idea as racially discriminatory. Many blacks who supported the idealistic goals of the March refused to participate because of its association with Farrakhan and his nationalist, anti-Semitic message, although many blacks who dissented with Farrakhan’s views nonetheless decided to participate in the gathering.
On October 16, 1995, the March gathered at the Lincoln Memorial, site of the 1963 March on Washington. Organizers claimed a million blacks participated, although the Park Service counted 400,000. Numerous speakers, including Dorothy Height and the Rev. Jesse Jackson, addressed the crowd. Farrakhan delivered the climactic address, reminding the marchers, “We are in progress toward a more perfect union.” The March stimulated black voter registration and political activism, but its long-term impact is unclear.
The Black men and women, the organizations and persons, participating in this historic Million Man March and Day of Absence held in Washington, DC, on October 16, 1995, on the eve of the 21st century, and supported by parallel activities in cities and towns throughout the country: conscious of the critical juncture of history in which we live and the challenges it poses for us; concerned about increasing racism and the continuing commitment to white supremacy in this country; deteriorating social conditions, degradation of the environment and the impact of these on our community, the larger society and the world; committed to the ongoing struggle for a free and empowered community, a just society and a better world; recognizing that the country and government have made a dangerous and regressive turn to the right and are producing policies with negative impact on people of color, the poor and the vulnerable; realizing that every man and woman and our community have both the right and responsibility to resist evil and contribute meaningfully to the creation of a just and good society; reaffirming the best values of our social justice tradition which require respect for the dignity and rights of the human person, economic justice, meaningful political participation, shared power, cultural integrity,
mutual respect for all peoples, and uncompromising resistance to social forces and structures which deny or limit these; declare our commitment to assume a new and expanded responsibility in the struggle to build and sustain a free and empowered community, a just society and a better world. We are aware that we make this commitment in an era in which this is needed as never before and in which we cannot morally choose otherwise.
In doing this, we self-consciously emphasize the priority need of Black men to stand up and assume this new and expanded responsibility without denying or minimizing the equal rights, role and responsibility of Black women in the life and struggle of our people.
Our priority call to Black men to stand up and assume this new and expanded sense of responsibility is based on the realization that the strength and resourcefulness of the family and the liberation of the people require it;
that some of the most acute problems facing the Black community within are those posed by Black males who have not stood up; that the caring and responsible father in the home; the responsible and future-focused male youth; security in and of the community; the quality of male/female relations, and the family’s capacity to avoid poverty and push the lives of its members forward all depend on Black men’s standing up;
that in the context of a real and principled brotherhood, those of us who have stood up, must challenge others to stand also; and that unless and until Black men stand up, Black men and women cannot stand together and accomplish the awesome tasks before us.
II. THE HISTORICAL SIGNIFICANCE OF THE PROJECT
This Million Man March, forming a joint project with its companion activity, The Day of Absence, speaks to who we are, where we stand and what we are compelled to do in this hour of meeting and posing challenges. Its significance lies in the fact that:
1. It is a timely and necessary state of challenge both to ourselves and the country in a time of increasing racism, attacks on hard won gains, and continually deteriorating conditions for the poor and vulnerable and thus an urgent time for transformative and progressive leadership;
2. It is a declaration of the resolve of Black men, in particular and the Black community in general, to mobilize and struggle to maintain hard won gains, resist evil and wrong wherever we find it and to continue to push our lives and history forward;
3. It is a reaffirmation of our self-understanding as a people that we are our own liberators, that no matter how numerous or sincere our allies are, the greatest burdens to be borne and the most severe sacrifices to be made for liberation are essentially our own;
4. It is an effective way to refocus and expand discussion on critical issues confronting our people, this country and the world and put forth our positions on them;
5. It is both an example and encouragement of operational unity; unity in diversity, unity without uniformity, and unity on principle and in practice for the greater good;
6. It is a galvanizing and mobilizing process to raise consciousness, cultivate commitment and lay the groundwork for increased positive social, political and economic activity;
7. And finally, it is a necessary continuation of our ancient and living moral tradition of speaking truth to power and seeking power for the vulnerable, justice for the injured, right for the wronged and liberation for the oppressed ....
VII. CONTINUING PRACTICE AND PROJECTS
38. The Million Man March and Day of Absence can only have lasting value if we continue to work and struggle beyond this day. Thus, our challenge is to take the spirit of this day, the process of mobilization and the possibilities of organization and turn them into ongoing structures and practices directed toward our liberation and flourishing as a people.
39. Central to sustaining and institutionalizing this process is:
a. the follow-up development of an expanded Black political agenda and the holding of a Black Political Convention to forge this agenda for progressive political change;
b. a massive and ongoing voter registration of Black people as independents; using our vote to insist and insure that candidates address the Black agenda; and creating and sustaining a progressive independent political movement;
c. the building and strengthening of Black united fronts and collective leadership structures like the National African American Leadership Summit to practice and benefit from operational unity in our addressing local, national and international issues;
d. the establishment of a Black Economic Development Fund to enhance economic development, cultivate economic discipline and cooperative practices and achieve economic self-determination;
e. the reaffirmation and strengthening of family through quality male/female relations based on principles of equality, complementarity, mutual respect and shared responsibility in love, life and struggle; and through loving and responsible parenthood that insists on discipline and achievement, provides spiritual, moral and cultural grounding and through expanding rites of passage programs, mentorships and increasing adoptions;
f. the ongoing struggle for reparations in the fullest sense, that is to say: public admission, apology and recognition of the Holocaust of African Enslavement and appropriate compensation by the government; and support for the Conyers Reparations Bill on the Holocaust;
g. the continuing struggle against police abuse, government suppression, violations of civil and human rights and the industrialization of prisons; and in support of the freedom of all political prisoners, prisoners’ rights and their efforts to transform themselves into worthy members of the community;
h. the critical task of organizing the community as a solid wall in the struggle against drugs, crime and violence in the community which we see as interrelated and which must be joined with the struggle to reduce and end poverty, increase employment, strengthen fatherhood, motherhood and family, support parents, provide education and prevention programs, and expose and reject those who deal in death for the community.
None of this denies external sources of drugs nor stops us from demanding uniform sentencing and penalties for those involved in the drug trade on the local, national and international level, but it compels us to stand up and take responsibility for the life we must live in spite of external impositions;
i. continuing and expanding our support for African-centered independent schools through joining their boards, enrolling our children, being concerned and active parents, donating time, services and monies to them and working in various other ways to insure that they provide the highest level of culturally-rooted education; and intensifying and broadening the struggle for quality public education through heightened parental concern and involvement and social activism which insist on a responsible administration, professional and committed teachers, continuing faculty and staff development; safe pleasant, encouraging and fully-equipped campuses and an inclusive and culture-respecting curriculum which stresses mastery of knowledge as well as critical thinking, academic excellence, social responsibility and an expanded sense of human possibility;
j. continuing and reinforced efforts to reduce and eliminate negative media approaches to and portrayals of Black life and culture; to organize a sustained and effective support for positive models, messages and works; to achieve adequate and dignified representation of Blacks in various media and in various positions in these media; to expand support for and development of independent Black media; and to challenge successful and notable African Americans in various media to support all these efforts;
k. strengthening and supporting organizations and institutions of the Black community concerned with the uplifting and liberation of our people by joining as families and persons, volunteering service, giving donations and providing and insisting on the best leadership possible;
l. building appropriate alliances with other peoples of color, supporting their liberation struggles and just demands and engaging in mutually supportive and mutually beneficial activities to create and sustain a just and good society;
m. standing in solidarity with other African peoples and other Third World peoples in their struggles to free themselves, harness their human and material resources and live full and meaningful lives;
n. reaffirming in the most positive ways the value and indispensability of the spiritual and ethical grounding of our people in accomplishing the historical tasks confronting us by freeing and renewing our minds and reaffirming our commitment to the good, the proper and the beneficial, by joining as families and persons the faith communities of our choice, supporting them, living the best of our traditions ourselves and challenging other members and the leadership to do likewise and constantly insisting that our faith communities give the best of what we have to offer to build the moral community and just society we struggle for as a people;
o. and finally, embracing and practicing a common set of principles that reaffirm and strengthen family, community and culture, The Nguzo Saba (The Seven Principles): Umoja (Unity); Kujichagulia (Self-Determination); Ujima (Collective Work and Responsibility); Ujamaa (Cooperative Economics); Nia (Purpose); Kuumba (Creativity); and Imani (Faith).
For full text of the Mission Statement, contact University of Sankore Press, 2560 W. 54th St., Los Angeles, CA 9004; phone (800) 997–2656; fax (213) 299–0261.
In order to improve the language skills of African-American students, the Oakland, California, Board of Directors adopted a language approach referred to as Ebonics, which was developed by an African American task force. Ebonics, which concerns what linguists identify as African American Vernacular English (AAVE), in part explores the linguistic development of African slaves who were brought to the United States; it has been argued that AAVE evolved from and was influenced by the various African languages spoken by the slaves. The introduction of this language approach initially brought a firestorm of controversy because its purpose was misunderstood; critics bridled at its supposed political agenda, and it was feared that the program could limit the learning process and language acquisition of African American students. The purpose of the legislation was to instruct teachers in the structure and unique characteristics of AAVE so that they could better teach their students Standard English. The resolution was amended on January 15, 1997 to assure that proficiency in Standard English be clearly specified in the document as the Board of Education’s main goal.
RESOLUTION OF THE BOARD OF EDUCATION ADOPTING THE REPORT AND RECOMMENDATIONS OF THE AFRICAN-AMERICAN TASK FORCE; A POLICY STATEMENT AND DIRECTING THE SUPERINTENDENT OF SCHOOLS TO DEVISE A PROGRAM TO IMPROVE THE ENGLISH LANGUAGE ACQUISITION AND APPLICATION SKILLS OF AFRICAN-AMERICAN STUDENTS.
Whereas, numerous validated scholarly studies demonstrate that African American students as part of their culture and history as African people possess and utilize a language described in various scholarly approaches as “Ebonics” (literally Black sounds) or Pan African Communication Behaviors or African Language Systems; and
Whereas, these studies have also demonstrated that African Language Systems are genetically-based and not a dialect of English; and
Whereas, these studies demonstrate that such West and Niger-Congo African languages have been officially recognized and addressed in the mainstream public educational community as worth of study, understanding or application of its principles, laws and structures for the benefit of African American students both in terms of positive appreciation of the language and these students’ acquisition and mastery of English language skills; and
Whereas, such recognition by scholars has given rise over the past 15 years to legislation passed by the State of California recognizing the unique language stature of descendants of slaves, with such legislation being prejudicially and unconstitutionally vetoed repeatedly by various California state governors; and
Whereas, judicial cases in states other than California have recognized the unique language stature of African American pupils, and such recognition by courts has resulted in court-mandated educational programs which have substantially benefitted African American children in the interest of vindicating their equal protection of the law rights under the 14th Amendment to the United States Constitution; and
Whereas, the Federal Bilingual Education Act (20 USC 1402 et seq.) mandates that local educational agencies “build their capacities to establish, implement and sustain programs of instruction for children and youth of limited English proficiency,” and
Whereas, the interests of the Oakland Unified School District in providing equal opportunities for all of its students dictate limited English proficient educational programs recognizing the English language acquisition and improvement skills of African American students are as fundamental as is application of bilingual education principles for others whose primary languages are other than English; and
Whereas, the standardized tests and grade scores of African American students in reading and language art skills measuring their application of English skills are substantially below state and national norms and that such deficiencies will be remedied by application of a program featuring African Language Systems principles in instructing African American children both in their primary language and in English, and
Whereas, standardized tests and grade scores will be remedied by application of a program with teachers and aides who are certified in the methodology of featuring African Language Systems principles in instructing African American children both in their primary language and in English. The certified teachers of these students will be provided incentives including, but not limited to salary differentials,
Now, therefore, be it resolved that the Board of Education officially recognizes the existence and the cultural and historic bases of West and Niger-Congo African Language Systems, and each language as the predominantly primary language of African American students; and
Be it further resolved that the Board of Education hereby adopts the report recommendations and attached Policy Statement of the District’s African American Task Force on language stature of African American speech; and
Be it further resolved that the Superintendent in conjunction with her staff shall immediately devise and implement the best possible academic program for imparting instruction to African American students in their primary language for the combined purposes of maintaining the legitimacy and richness of such language whether it is known as “Ebonics,” “African Language Systems,” “Pan African Communication Behaviors” or other description, and to facilitate their acquisition and mastery of English language skills; and
Be it further resolved that the Board of Education hereby commits to earmark District general and special funding as is reasonably necessary and appropriate to enable the Superintendent and her staff to accomplish the foregoing; and
Be it further resolved that the Superintendent and her staff shall utilize the input of the entire Oakland educational community as well as state and federal scholarly and educational input in devising such a program; and
Be it further resolved, that periodic reports on the progress of the creation and implementation of such an educational program shall be made to Board of Education at least once per month commencing at the Board meeting of December 18, 1996.
There is persuasive empirical evidence that, predicated on analysis of the phonology, morphology and syntax that currently exists as systematic, rule governed and predictable patterns exist in the grammar of African-American speech. The validated and persuasive linguistic evidence is that African-Americans (1) have retained a West and Niger-Congo African linguistic structure in the substratum of their speech and (2) by this criteria are not native speakers of black dialect or any other dialect of English.
Moreover, there is persuasive empirical evidence that, owing to their history as United States slave descendants of West and Niger-Congo African origin, to the extent that African-Americans have been born into, reared in, and continue to live in linguistic environments that are different from the Euro-American English speaking population, African-American people and their children, are from home environments in which a language other than English language is dominant within the meaning of “environment where a Language other than English is dominant” as defined in Public Law 1-13-382 (20 U.S.C. 7402, et seq.).
The policy of the Oakland Unified School District (OUSD) is that all pupils are equal and are to be treated equally. Hence, all pupils who have difficulty speaking, reading, writing or understanding the English language and whose difficulties may deny to them the opportunity to learn successfully in classrooms where the language of instruction is English or to participate fully in classrooms where the language of instruction is English or to participate fully in our society are to be treated equally regardless of their race or national origin.
As in the case of Asian-American, Latino-American, Native American and all other pupils in this District who come from backgrounds or environments where a language other than English is dominant, African-American pupils shall not, because of their race, be subtly dehumanized, stigmatized, discriminated against or denied. Asian-American, Latino-American, Native American and all other language different children are provided general funds for bilingual education, English as Second Language (ESL) and State and Federal (Title VIII) Bilingual education programs to address their limited and non-English proficient (LEP/NEP) needs. African-American pupils are equally entitled to be tested and, where appropriate, shall be provided general funds and State and Federal (Title VIII) bilingual education and ESL programs to specifically address their LEP/NEP needs.
All classroom teachers and aids who are bilingual in Nigritian Ebonics (African-American Language) and English shall be given the same salary differentials and merit increases that are provided to teachers of the non-African American LEP pupils in the OUSD.
With a view toward assuring that parent of African-American pupils are given the knowledge base necessary to make informed choices, it shall be the policy of the Oakland Unified School District that all parents of LEP (Limited English Proficient) pupils are to be provided the opportunity to partake of any and all language and culture specific teacher education and training classes designed to address their child’s LEP needs.
On all home language surveys given to parents of pupils requesting home language identification or designations, a description of the District’s programmatic consequences of their choices will be contained.
Nothing in this Policy shall preclude or prevent African-American parents who view their child’s limited English proficiency as being non-standard English, as opposed to being West and Niger-Congo African Language based, from exercising their right to choose and to have their child’s speech disorders and English Language deficits addressed by special education and/or other District programs.
On October 25, 1997, African American women came together in Philadelphia, Pennsylvania, to show solidarity and bring attention to issues that are important to their families and communities, issues that mainstream groups have ignored. This day-long event, which offered inspirational speeches, music, and prayers, hoped to spark positive change particularly in the black community. Philadelphia was alive with marchers from all parts of the country and participation was estimated from 300,000 to 1 million. Although exact numbers are not known regarding actual attendance, the national attention and good will brought a million and more women to experience this day of sisterhood in both a physical and spiritual sense. To provide a platform and direction for the participants, a Mission statement was developed with the guidance of Businesswoman Phile Chionesu and Housing activist Asia Coney, co-founders of the march.
MILLION WOMAN MARCH MISSION STATEMENT
The Million Woman March is being implemented by Black women who interact on grassroots and global levels; Black women who understand the necessity of rebuilding our foundation and destiny as a people, and that we must in many respects, begin at the origin (the root), upward.
Women of African descent who reside, struggle, and interact in grassroots communities have analyzed and assessed unlimited issues and problems, many of which have resulted in the deterioration of African Americans and African people overall. The Million Woman March is capable and ready to create and implement strategic methods of resolving such matters.
The Million Woman March provides us the opportunity to prioritize the human and environmental issues. It will collectively enable us to develop an assertive and aggressive movement to insure the participation and impact of people of African descent.
It is our belief that it will require collective and comprehensive efforts to develop for determination the process and systems that will be utilized to regain the proper direction of our family structure. By acknowledging and applying the strength and resources that exist within the United States and throughout the world, we will rebuild to strengthen our foundation. It will take the procurement of mechanisms that will bring about the appropriate solutions.
The development of realistic tasks, distinctive objectives, and effective solutions will insure stabilizing the family unit and individual lives as we move forward as a people.
As women, we are blessed with the responsibility of giving birth, to nurture, to teach values and morals, often by demonstration, to give and earn respect, to provide proper growth and development, and to stabilize our homes and communities.
However, there have been various forms of disconnection.
As a result, we not longer bond as a family unit, we no longer teach and prepare our children in the way we wish for them to go. How do girls learn to become women?
Who is responsible for teaching morals and values of womanhood? Have we not been the moral sustainers of Life? As teachers of life, have we failed, or are we just existing?
The Million Woman March will revive life as we once exemplified it:
- Great Grandmother taught Grandmother
- Grandmother taught Mother
- Mother taught me
- I will teach you
We will no longer tolerate disrespect, lack of communication, negative interaction, antisocial and dysfunctional behavior, and the denial that problems such as these, affect our ability to progressively and productively move forward. Our focus is centered around the reasons why and what it will require to eliminate this destruction.
On June 13, 1997, President Clinton established the seven-member President’s Advisory Board to the President’s Initiative on Race. Headed by historian John Hope Franklin, the advisory board was given the responsibilities of promoting national dialogue on race issues, increasing the nation’s understanding of the history and future of race relations, identifying and creating plans to calm racial tension and promote increased opportunity for all Americans, and addressing crime and the administration of justice.
On September 18, 1998, the advisory board concluded its work and presented its recommendations to President Clinton. Its report One America in the 21st Century: Forging a New Future recommended that the president institute a standing advisory board to build upon its foundation and for a public education program to underscore the “common values” of a diverse multiracial nation.
America’s greatest promise in the 21st century lies in our ability to harness the strength of racial diversity. Our greatest challenge is to work as one community to define ourselves with pride as a multi-racial democracy. At the end of the 20th century, America has emerged as the worldwide symbol of opportunity and freedom through leadership that constantly strives to give meaning to the fundamental principles of our Constitution. Those principals of justice, opportunity, equality, and inclusion must continue to guide the planning for our future.
THE ADVISORY BOARD AND ITS MANDATE
Members of the Advisory Board to the President’s Initiative on Race have spent the past 15 months engaged in a process designed to examine race relations in America. Through study, dialogue, and action we have begun to engage the American people in a focused examination of how racial differences have affected our society and how to meet the racial challenges that face us. Our task was to take this necessary first step in the President’s effort to articulate and realize a vision of a more just society.
In June 1997, through Executive Order No. 13050, President Clinton appointed Dr. John Hope Franklin (chairman), Linda Chavez-Thompson, Reverend Dr. Suzan D. Johnson Cook, Thomas H. Kean, Angela E. Oh, Bob Thomas, and William F. Winter to serve as members of the Advisory Board.
. . . [T]he Board forged ahead to meet the objectives set out by the President through his Executive Order. Those objectives included the following:
Promote a constructive national dialogue to confront and work through the challenging issues that surround race.
Increase the Nation’s understanding of our recent history of race relations and the course our Nation is charting on issues of race relations and racial diversity.
Bridge racial divides by encouraging community leaders to develop and implement innovative approaches to calming racial tensions.
Identify, develop, and implement solutions to problems in areas in which race has a substantial impact, such as education, economic opportunity, housing, health care, and the administration of justice.
In addition, the Advisory Board examined issues related to race and immigration, the impact of the media on racial stereotyping, and enforcement of civil rights laws.
We wish to make it clear that this Report is not a definitive analysis of the state of race relations in America today .... Rather, we were engaged in the task of assisting with the initial stages of this new America’s journey toward building a more just society in the 21st century.
ACCOMPLISHMENTS, CHALLENGES, AND OPPORTUNITIES
. . . Many challenges lie ahead. As America’s racial diversity grows, the complexity of giving meaning to the promise of America grows as well. It is these challenges that signal where opportunities may exist. This report attempts to frame the challenges, identify the opportunities, and recommended action. It provides an overview of information gathered from communities across the Nation, including diverse points of view about racial differences and controversial issues that are currently being debated and ideas for how strong leadership can continue to move our Nation closer to its highest aspirations.
. . . Although this Report concludes our year-long exploration of race and racism, our work is only the foundation for building one America. The work that lies ahead cannot be accomplished by a single group. Our experience has provided the Nation with the chance to identify leaders in many parts of this country, working in numerous fields, who will promote a vision of a unified, strong, and just society. The Race Initiative affirmed the efforts of Americans who have been, are, and will continue to give meaning to the words “justice,” “equality,” “dignity,” “respect,” and “inclusion.” We urge bold and decisive action to further the movement toward “redeeming the promise of America.”
On July 27, 2004, Barack Obama, the Democratic candidate for a U.S. Senator seat from Illinois delivered the keynote address for the Democratic National Convention. Barack was the third African American to deliver the keynote address for the Convention. Obama is a rising star in the Democratic party, and his election as Senator for the state of Illinois made him only the third black U.S. Senator since Reconstruction. As The African American Almanac goes to press, Obama is campaigning for the 2008 U.S. presidential election.
On behalf of the great state of Illinois, crossroads of a nation, Land of Lincoln, let me express my deepest gratitude for the privilege of addressing this convention.
Tonight is a particular honor for me because—let’s face it—my presence on this stage is pretty unlikely. My father was a foreign student, born and raised in a small village in Kenya. He grew up herding goats, went to school in a tin-roof shack. His father—my grandfather—was a cook, a domestic servant to the British.
But my grandfather had larger dreams for his son. Through hard work and perseverance my father got a scholarship to study in a magical place, America, that shone as a beacon of freedom and opportunity to so many who had come before.
While studying here, my father met my mother. She was born in a town on the other side of the world, in Kansas. Her father worked on oil rigs and farms through most of the Depression. The day after Pearl Harbor my grandfather signed up for duty; joined Patton’s army, marched across Europe. Back home, my grandmother raised their baby and went to work on a bomber assembly line. After the war, they studied on the G.I. Bill, bought a house through F.H.A., and later moved west all the way to Hawaii in search of opportunity.
And they, too, had big dreams for their daughter. A common dream, born of two continents.
My parents shared not only an improbable love, they shared an abiding faith in the possibilities of this nation. They would give me an African name, Barack, or “blessed,” believing that in a tolerant America your name is no barrier to success. They imagined me going to the best schools in the land, even though they weren’t rich, because in a generous America you don’t have to be rich to achieve your potential.
They are both passed away now. And yet, I know that, on this night, they look down on me with great pride.
I stand here today, grateful for the diversity of my heritage, aware that my parents’ dreams live on in my two precious daughters. I stand here knowing that my story is part of the larger American story, that I owe a debt to all of those who came before me, and that, in no other country on earth, is my story even possible.
Tonight, we gather to affirm the greatness of our nation—not because of the height of our skyscrapers, or the power of our military, or the size of our economy. Our pride is based on a very simple premise, summed up in a declaration made over two hundred years ago: ‘We hold these truths to be self-evident, that all men are created equal. That they are endowed by their Creator with certain inalienable rights. That among these are life, liberty and the pursuit of happiness.’
That is the true genius of America—a faith in simple dreams,, an insistence on small miracles. That we can tuck in our children at night and know that they are fed and clothed and safe from harm. That we can say what we think, write what we think, without hearing a sudden knock on the door. That we can have an idea and start our own business without paying a bribe. That we can participate in the political process without fear of retribution, and that our votes will be counted at least, most of the time.
This year, in this election, we are called to reaffirm our values and our commitments, to hold them against a hard reality and see how we are measuring up, to the legacy of our forbearers, and the promise of future generations.
And fellow Americans, Democrats, Republicans, Independents—I say to you tonight: we have more work to do. More work to do for the workers I met in Galesburg, Ill., who are losing their union jobs at the Maytag plant that’s moving to Mexico, and now are having to compete with their own children for jobs that pay seven bucks an hour. More to do for the father that I met who was losing his job and choking back the tears, wondering how he would pay $4,500 a month for the drugs his son needs without the health benefits that he counted on. More to do for the young woman in East St. Louis, and thousands more like her, who has the grades, has the drive, has the will, but doesn’t have the money to go to college.
Now don’t get me wrong. The people I meet—in small towns and big cities, in diners and office parks—they don’t expect government to solve all their problems. They know they have to work hard to get ahead—and they want to.
Go into the collar counties around Chicago, and people will tell you they don’t want their tax money wasted, by a welfare agency or by the Pentagon.
Go into any inner city neighborhood, and folks will tell you that government alone can’t teach our kids to learn—they know that parents have to teach, that children can’t achieve unless we raise their expectations and turn off the television sets and eradicate the slander that says a black youth with a book is acting white. They know those things.
People don’t expect government to solve all their problems. But they sense, deep in their bones, that with just a slight change in priorities, we can make sure that every child in America has a decent shot at life, and that the doors of opportunity remain open to all.
They know we can do better. And they want that choice.
In this election, we offer that choice. Our Party has chosen a man to lead us who embodies the best this country has to offer. And that man is John Kerry. John Kerry understands the ideals of community, faith, and service because they’ve defined his life. From his heroic service to Vietnam, to his years as a prosecutor and lieutenant governor, through two decades in the United States Senate, he has devoted himself to this country. Again and again, we’ve seen him make tough choices when easier ones were available.
His values—and his record—affirm what is best in us. John Kerry believes in an America where hard work is rewarded; so instead of offering tax breaks to companies shipping jobs overseas, he offers them to companies creating jobs here at home.
John Kerry believes in an America where all Americans can afford the same health coverage our politicians in Washington have for themselves.
John Kerry believes in energy independence, so we aren’t held hostage to the profits of oil companies, or the sabotage of foreign oil fields.
John Kerry believes in the Constitutional freedoms that have made our country the envy of the world, and he will never sacrifice our basic liberties, nor use faith as a wedge to divide us.
And John Kerry believes that in a dangerous world war must be an option sometimes, but it should never be the first option.
You know, a while back, I met a young man named Shamus [Seamus?] in a V.F.W. Hall in East Moline, Ill.. He was a good-looking kid, six two, six three, clear eyed, with an easy smile. He told me he’d joined the Marines, and was heading to Iraq the following week. And as I listened to him explain why he’d enlisted, the absolute faith he had in our country and its leaders, his devotion to duty and service, I thought this young man was all that any of us might hope for in a child. But then I asked myself: Are we serving Shamus as well as he is serving us?
I thought of the 900 men and women—sons and daughters, husbands and wives, friends and neighbors, who won’t be returning to their own hometowns. I thought of the families I’ve met who were struggling to get by without a loved one’s full income, or whose loved ones had returned with a limb missing or nerves shattered, but who still lacked long-term health benefits because they were Reservists.
When we send our young men and women into harm’s way, we have a solemn obligation not to fudge the numbers or shade the truth about why they’re going, to care for their families while they’re gone, to tend to the soldiers upon their return, and to never ever go to war without enough troops to win the war, secure the peace, and earn the respect of the world.
Now let me be clear. Let me be clear. We have real enemies in the world. These enemies must be found. They must be pursued—and they must be defeated. John Kerry knows this.
And just as Lieutenant Kerry did not hesitate to risk his life to protect the men who served with him in Vietnam, President Kerry will not hesitate one moment to use our military might to keep America safe and secure.
John Kerry believes in America. And he knows that it’s not enough for just some of us to prosper. For alongside our famous individualism, there’s another ingredient in the American saga. A belief that we’re all connected as one people.
If there is a child on the south side of Chicago who can’t read, that matters to me, even if it’s not my child. If there’s a senior citizen somewhere who can’t pay for their prescription drugs, and has to choose between medicine and the rent, that makes my life poorer, even if it’s not my grandparent. If there’s an Arab American family being rounded up without benefit of an attorney or due process, that threatens my civil liberties.
It is that fundamental belief, it is that fundamental belief, I am my brother’s keeper, I am my sister’s keeper that makes this country work. It’s what allows us to pursue our individual dreams and yet still come together as one American family.
E pluribus unum. Out of many, one.
Now even as we speak, there are those who are preparing to divide us, the spin masters, the negative ad peddlers who embrace the politics of anything goes. Well, I say to them tonight, there is not a liberal America and a conservative America—there is the United States of America. There is not a Black America and a White America and Latino America and Asian America—there’s the United States of America.
The pundits, the pundits like to slice-and-dice our country into Red States and Blue States; Red States for Republicans, Blue States for Democrats. But I’ve got news for them, too. We worship an awesome God in the Blue States, and we don’t like federal agents poking around in our libraries in the Red States. We coach Little League in the Blue States and yes, we’ve got some gay friends in the Red States. There are patriots who opposed the war in Iraq and there are patriots who supported the war in Iraq.
We are one people, all of us pledging allegiance to the stars and stripes, all of us defending the United States of America. In the end, that’s what this election is about. Do we participate in a politics of cynicism or do we participate in a politics of hope?
John Kerry calls on us to hope. John Edwards calls on us to hope.
I’m not talking about blind optimism here - the almost willful ignorance that thinks unemployment will go away if we just don’t think about it, or the health care crisis will solve itself if we just ignore it. That’s not what I’m talking about. I’m talking about something more substantial. It’s the hope of slaves sitting around a fire singing freedom songs. The hope of immigrants setting out for distant shores. The hope of a young naval lieutenant bravely patrolling the Mekong Delta. The hope of a millworker’s son who dares to defy the odds. The hope of a skinny kid with a funny name who believes that America has a place for him, too.
Hope in the face of difficulty. Hope in the face of uncertainty. The audacity of hope! In the end, that is God’s greatest gift to us, the bedrock of this nation. A belief in things not seen. A belief that there are better days ahead.
I believe that we can give our middle class relief and provide working families with a road to opportunity. I believe we can provide jobs to the jobless, homes to the homeless, and reclaim young people in cities across America from violence and despair. I believe that we have a righteous wind at our backs and that as we stand on the crossroads of history, we can make the right choices, and meet the challenges that face us.
America! Tonight, if you feel the same energy that I do, if you feel the same urgency that I do, if you feel the same passion I do, if you feel the same hopefulness that I do—if we do what we must do, then I have no doubts that all across the country, from Florida to Oregon, from Washington to Maine, the people will rise up in November, and John Kerry will be sworn in as president, and John Edwards will be sworn in as vice president, and this country will reclaim its promise, and out of this long political darkness a brighter day will come.
Thank you very much everybody. God bless you. Thank you.
On February 7, 2005, members of the United States Senate presented a resolution of apology for the body’s failure to enact anti-slavery legislation. Reflecting on the first anti-lynching bill submitted over one-hundred and five years ago, the lack of Senate action resulted in the loss of many African American lives. The apology, known as Resolution 39, had 80 of the 100 Senate members as cosigners of the bill. Missing from the list were the Senators from the state that reported the most lynching incidents: Mississippi. The apology was signed on June 13, 2005.
Whereas the crime of lynching succeeded slavery as the ultimate expression of racism in the United States following Reconstruction; (Agreed to by Senate)
RES 39 ATS
S. RES. 39
Apologizing to the victims of lynching and the descendants of those victims for the failure of the Senate to enact anti-lynching legislation.
IN THE SENATE OF THE UNITED STATES February 7, 2005 Ms. LANDRIEU (for herself, Mr. ALLEN, Mr. LEVIN, Mr. FRIST, Mr. REID, Mr. ALLARD, Mr. AKAKA, Mr. BROWN-BACK, Mr. BAYH, Ms. COLLINS, Mr. BIDEN, Mr. ENSIGN, Mrs. BOXER, Mr. HAGEL, Mr. CORZINE, Mr. LUGAR, Mr. DAYTON, Mr. MCCAIN, Mr. DODD, Ms. SNOWE, Mr. DURBIN, Mr. SPECTER, Mr. FEINGOLD, Mr. STEVENS, Mrs. FEINSTEIN, Mr. TALENT, Mr. HARKIN, Mr. JEFFORDS, Mr. JOHNSON, Mr. KENNEDY, Mr. KOHL, Mr. LAUTENBERG, Mr. LEAHY, Mr. LIEBERMAN, Mr. NELSON of Florida, Mr. PRYOR, Mr. SCHUMER, Ms. STABENOW, Mr. SALAZAR, Mr. VITTER, Mr. OBAMA, Mrs. LINCOLN, Mr. SANTORUM, Mr. SARBANES, Mr. KERRY, Mr. BYRD, Mr. COBURN, Mr. COLEMAN, Mr. CRAIG, Ms. MIKULSKI, Mrs. MURRAY, Ms. CANTWELL, Mr. DEMINT, Mr. DOMENICI, Mr. DORGAN, Mr. INOUYE, Mrs. CLINTON, Mr. NELSON of Nebraska, Mr. CARPER, Mr. GRAHAM, Mr. BURR, Mr. MCCONNELL, Mr. BUNNING, Mr. MARTINEZ, Mr. BURNS, Mr. DEWINE, Mrs. DOLE, Mr. ROCKEFELLER, Mr. THUNE, Mr. WYDEN, Mr. WARNER, Mr. BAUCUS, Mr. ROBERTS, Mr. CHAFEE, Mr. SESSIONS, Mr. BOND, Mr. CHAM-BLISS, Mr. ISAKSON, and Mr. INHOFE) submitted the following resolution; which was referred to the Committee on the Judiciary June 13, 2005
Committee discharged; considered and agreed to
Apologizing to the victims of lynching and the descendants of those victims for the failure of the Senate to enact anti-lynching legislation.
Whereas the crime of lynching succeeded slavery as the ultimate expression of racism in the United States following Reconstruction;
Whereas lynching was a widely acknowledged practice in the United States until the middle of the 20th century;
Whereas lynching was a crime that occurred throughout the United States, with documented incidents in all but 4 States;
Whereas at least 4,742 people, predominantly African-Americans, were reported lynched in the United States between 1882 and 1968;
Whereas 99 percent of all perpetrators of lynching escaped from punishment by State or local officials;
Whereas lynching prompted African-Americans to form the National Association for the Advancement of Colored People (NAACP) and prompted members of B’nai B’rith to found the Anti-Defamation League;
Whereas nearly 200 anti-lynching bills were introduced in Congress during the first half of the 20th century;
Whereas, between 1890 and 1952, 7 Presidents petitioned Congress to end lynching;
Whereas, between 1920 and 1940, the House of Representatives passed 3 strong anti-lynching measures;
Whereas protection against lynching was the minimum and most basic of Federal responsibilities, and the Senate considered but failed to enact anti-lynching legislation despite repeated requests by civil rights groups, Presidents, and the House of Representatives to do so;
Whereas the recent publication of ‘Without Sanctuary: Lynching Photography in America’ helped bring greater awareness and proper recognition of the victims of lynching;
Whereas only by coming to terms with history can the United States effectively champion human rights abroad; and
Whereas an apology offered in the spirit of true repentance moves the United States toward reconciliation and may become central to a new understanding, on which improved racial relations can be forged: Now, therefore, be it
Resolved, That the Senate—
(1) apologizes to the victims of lynching for the failure of the Senate to enact anti-lynching legislation;
(2) expresses the deepest sympathies and most solemn regrets of the Senate to the descendants of victims of lynching, the ancestors of whom were deprived of life, human dignity, and the constitutional protections accorded all citizens of the United States; and
(3) remembers the history of lynching, to ensure that these tragedies will be neither forgotten nor repeated.
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