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This article explores the repercussions of the Dred Scott Decision and the Civil War on the institution of slavery in the United States. It covers important events such as the secession of South Carolina, the Emancipation Proclamation, and the ratification of the 13th, 14th, and 15th Amendments.
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U.S. Supreme Court Voted 7-2 in 1857Dred Scott Decision … declared that all blacks -- slaves as well as free -- were not and could never become citizens of the United States. …The U.S. Supreme Court ruled that blacks "had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit. He was bought and sold and treated as an ordinary article of merchandise and traffic, whenever profit could be made by it." …Referring to the language in the Declaration of Independence that includes the phrase, "all men are created equal," the Court reasoned that "it is too clear for dispute, that the enslaved African race were not intended to be included, and formed no part of the people who framed and adopted this declaration. . . ."
Declaration of Secession by South CarolinaDecember 24, 1860 “We affirm that these ends for which this Government was instituted have been defeated, and the Government itself has been made destructive of them by the action of the non-slaveholding States. Those States have assumed the right of deciding upon the propriety of our domestic institutions; and have denied the rights of property established in fifteen of the States and recognized by the Constitution; they have denounced as sinful the institution of slavery; they have permitted open establishment among them of societies, whose avowed object is to disturb the peace and to eloign the property of the citizens of other States. They have encouraged and assisted thousands of our slaves to leave their homes; and those who remain, have been incited by emissaries, books and pictures to servile insurrection. A geographical line has been drawn across the Union, and all the States north of that line have united in the election of a man to the high office of President of the United States, whose opinions and purposes are hostile to slavery. He is to be entrusted with the administration of the common Government, because he has declared that that "Government cannot endure permanently half slave, half free," and that the public mind must rest in the belief that slavery is in the course of ultimate extinction.”
Confederate States of America The Declaration of Causes of Seceding States
January 1, 1863Emancipation Proclamation "That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, 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, thenceforward, 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.”
End of Civil War Confederacy Surrendered April 6, 1865 Pres. Lincoln Assassinated April 14, 1865
13th Amendment (1865) Ended Slavery 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.
14th Amendment (1868) • 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. • Representatives shall be apportioned among the several states according to their respective numbers, in each state, excluding Indians not taxed.
15th Amendment (1870) Granted Voting Rights to Male Citizens of All Races 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.
Naturalization Act of 1790 “Be it enacted…That any Alien being a free white person, who shall have resided within the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen thereof on application to any common law Court of record in any one of the States wherein he shall have resided for the term of one year at least, and making proof to the satisfaction of such Court that he is a person of good character, and taking the oath or affirmation prescribed by law to support the Constitution of the United States, which Oath or Affirmation such Court shall administer, and the Clerk of such Court shall record such Application, and the proceedings thereon; and thereupon such person shall be considered as a Citizen of the United States.”
Naturalization Law of 1870 Allowed person from Africa to become US Citizens “Sec. 7. And be it further enacted, That the naturalization laws are hereby extended to aliens of African nativity and to persons of African descent.”
Should women support the the 15th Amendment if it does not include women? Susan B. Anthony and Elizabeth Cady Stanton “We say not another man, black or white, until woman is inside the citadel. What reason have we to suppose the African would be more just and generous than the Saxon has been?...how insulting to put every shade and type of manhood above our heads, to make laws for educated refined, wealthy women....The old anti slavery school says women must stand back and wait until the negroes shall be recognized. But we say, if you will not give the whole loaf of suffrage to the entire people, give it to the most intelligent first. If intelligence, justice, and morality are to have precedence in the government, let the question of the woman be brought up first and that of the negro last....
Should Blacks fight to include women in the 15th Amendment? Frederick Douglas “I champion the right of the negro to vote. It is with us a matter of life and death, and therefore can not be postponed. I have always championed women’s right to vote; but it will be seen that the present claim for the negro is one of the most urgent necessity. The assertion of the right of women to vote meets nothing but ridicule; there is no deep seated malignity in the hearts of the people against her; but name the right of the negro to vote, and all hell is turned loose and the Ku-Klux and Regulators hunt and slay the unoffending black man. The government of this country loves women. They are the sisters, mothers, wives and daughters of our rulers; but the negro is loathed....The negro needs suffrage to protect his life and property, and to assure him respect and education. He needs it for the safety of reconstruction and the salvation of the Union; for his own elevation from the position of a drudge to that of an influential member of society.”
Post-Civil War Reconstruction1865-1877 “40 Acres & a Mule” Military stationed in South Freedmen’s Bureau Real Black Voting Black Elected Officials
The Election of 1876Ended Reconstruction Rutherford B. Hayes Samuel J. Tilden Republican Democratic Ohio New York To gain southern support, Hayes agreed that, if elected president, he would end Reconstruction and remove federal troops from the south.
The Election of 1876Ended Reconstruction President Rutherford B. Hayes
Laws and Court DecisionsDefining “Equality” in the Post-War Years • Civil Rights Act of 1875 • Supreme Court Civil Rights Cases, 1883 • Supreme Court Plessy v. Ferguson, 1896
14th Amendment says 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.
“Jim Crow” was the stage name of a 19th Century popular white minstrel actor who wore blackface and performed songs and skits that mocked and degraded black people. The name “Jim Crow” came to be used to refer to the many laws that imposed segregation and inequality on African Americans from the 1860s to the 1960s. The term “Jim Crow Era” is often used to refer to the time period when these laws were in effect.
U.S. Supreme Court, 1896Plessy v. Ferguson • State laws requiring “separate but equal” treatment of persons of different races are constitutional “Legislation is powerless to eradicate racial instincts or to abolish distinctions based on physical differences, and the attempt to do so can only result in accentuating the differences 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 on the same plane.” "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 because the colored race chooses to put that construction upon it.”
Restaurants • Hotels • Entertainment Facilities • Parks and Swimming Pools • Housing • Neighborhoods • Employment • Schools • Military • Marriage • And much more… • Individual people and private businesses were free to practice discrimination. • States were allowed to require “separate but equal” segregated services.
