Federal Protection of Civil Rights

The meaning and purpose of these Civil War Amendments has been the subject of much controversy. But one can build a strong case contending that their congressional framers meant them to serve as a basis for a positive, comprehensive federal program -- a program defining fundamental civil rights protected by federal machinery against both state and private encroachment. 5 Perhaps the best evidence supporting this contention is that during and just after the period when the Amendments were framed, Congress passed seven statutes establishing just such a federal program. There were members of Congress who argued against the constitutionality of this program and voted against the bills, just as there were members of Congress who opposed the three Amendments. But the Amendments and statutes received the necessary majorities in both houses of Congress. The significance of the nearly simultaneous action of Congress in passing the three Amendments and seven statutes implementing them cannot be overlooked....

Five of the statutes by which Congress tried to implement the Civil War Amendments were general civil rights acts. The first of these was the Act of April 9, 1866, which was passed at a time when only the Thirteenth Amendment had gone into effect. Known as the Civil Rights or Enforcement Act, it was entitled "An Act to protect all Persons in the United States in their Civil Rights, and furnish the Means of their Vindication." The Act was aimed at outlawing the "Black Codes," enacted by the southern states immediately after the close of the war, which restricted the movement and occupation of Negroes. It provided that all persons born in the United States were citizens thereof, and it endeavored to place members of all races on an equal basis as to their rights "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 persons and property." The federal courts were given exclusive jurisdiction of cases arising under the Act, severe penalties were prescribed for its violation, and the President was empowered to use the land and naval forces to secure its enforcement.

The second Civil Rights, or Enforcement Act, was passed by Congress on May 31, 1870, and was entitled, "An Act to enforce the Right of Citizens of the United States to vote in the several States of this Union, and for other purposes." This second statute was amended by an Act of February 28, 1871. The general purpose of these two acts was to make the Fourteenth and Fifteenth Amendments effective. More specifically, they were designed to protect the right to vote by providing federal machinery to supervise elections in the states. Severe penalties for any interference, based on race or color, with the exercise of the right of suffrage at federal or state elections were provided. In addition, it was made a felony for two or more persons to conspire to interfere with the free exercise by a citizen of any right granted to him by the laws or Constitution of the United States.