Civil Rights Act Of 1866: A Law's Journey

The Civil Rights Act of 1866 was the first federal civil rights bill in US history, introduced by Senator Lyman Trumbull of Illinois on January 5, 1866. The bill was passed by Congress but vetoed by President Andrew Johnson, who was antagonistic to the claims of equality for African Americans. Congress overrode Johnson's veto on April 9, 1866, and the Civil Rights Act of 1866 became law. The Act declared that all people born in the US, regardless of race, were entitled to basic rights of citizenship and protection under the law. It served as a template for the Fourteenth Amendment and laid the foundation for all subsequent civil rights legislation.

The bill's introduction and passage

On January 5, 1866, Senator Lyman Trumbull of Illinois introduced the Civil Rights Act of 1866, the first federal civil rights bill in the nation's history. The bill was intended to address the status of the newly freed slaves, declaring them citizens with full civil rights. It was also designed to protect the civil rights of persons of African descent in the United States, ensuring they had equal protection under the law.

The bill stated 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.

On February 2, 1866, the Senate voted 33-12 to approve the bill. On March 13, 1866, the House of Representatives followed suit, approving the legislation by a vote of 111-38, with 34 members not voting.

However, on March 27, 1866, President Andrew Johnson vetoed the bill, stating that it interfered with the municipal legislation of the states and would sap and destroy the federative system of limited power. Johnson's veto incensed Congress, which had before it extensive evidence of the widespread mistreatment of African Americans in the South.

On April 6, 1866, the Senate voted 33-15 to override Johnson's veto, and on April 9, 1866, the House followed suit by a vote of 122-41, with 21 members not voting. With this, the Civil Rights Act of 1866 became law, marking the first time that Congress legislated upon civil rights.

President Johnson's veto

On March 27, 1866, President Andrew Johnson vetoed the Civil Rights Act, outlining his objections in a message to the Senate of the United States. Johnson's veto was largely rooted in his belief that the bill undermined the Constitution and threatened the nation's federative system of limited powers.

In his veto message, Johnson expressed concern about the bill's proposal to confer citizenship rights to "all persons born in the United States and not subject to any foreign power," which included not only freed slaves but also Chinese individuals in the Pacific States, taxed Indians, and gypsies. He questioned the necessity of such legislation, arguing that if native-born individuals were already citizens by virtue of the Constitution, the bill was unnecessary. On the other hand, if they were not already citizens, he questioned the wisdom of granting citizenship to four million former slaves who had just emerged from slavery. Johnson also took issue with the bill's failure to address the status of State citizenship, which he believed was the exclusive domain of the individual States.

President Johnson further argued that the bill's attempt to establish equal rights for all citizens, regardless of race, went beyond what the General Government had ever provided for the white race. He claimed that the bill's provisions interfered with the municipal legislation of the States and their internal police and economy. He also asserted that the bill's enforcement provisions, which imposed fines and imprisonment for violations, invaded the judicial power of the States and converted State judges into mere ministerial officers bound to follow Congress's will.

Additionally, Johnson suggested that the bill was unnecessary, as existing Federal and State laws already secured the civil rights of all individuals, including domiciled aliens and foreigners. He also pointed out that the bill discriminated against intelligent, worthy, and patriotic foreigners by granting immediate citizenship to individuals of African descent, while foreigners had to undergo a probationary period and meet certain requirements to become citizens.

Johnson's veto message also touched on the bill's potential impact on State laws regarding marriage between the white and black races. While acknowledging that the bill did not explicitly repeal these laws, he questioned whether Congress could use the same rationale to repeal State laws on this matter. He also expressed concern about the bill's authorization of a sort of police force, made up of numerous official agents, which could be a "terrible engine of wrong, oppression, and fraud."

In conclusion, Johnson reiterated his commitment to protecting the civil rights of freed slaves and all other classes of citizens but maintained that this particular bill was inconsistent with his sense of duty to the people and his obligations to the Constitution.

Congress overrides the veto

On April 5, 1866, the Senate voted to override President Andrew Johnson's veto of the Civil Rights Act of 1866, marking the first time in history that the US Congress overrode a presidential veto for a major piece of legislation. The House followed suit on April 9, 1866, with a vote of 122-41, and 21 members not voting. This was only made possible by a two-thirds majority in each chamber.

The Civil Rights Act of 1866 was the first federal civil rights bill in the nation's history, introduced by Senator Lyman Trumbull of Illinois on January 5, 1866. The bill was intended to protect the civil rights of African Americans and furnish the means for their vindication. It declared 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". The Act also outlined the rights that came with this citizenship, including the right to make and enforce contracts, to sue and be sued, to inherit and purchase property, and to be subject to the same punishments and penalties as white citizens.

President Andrew Johnson, however, was antagonistic to the claims of equality of African Americans. He believed that market forces would eventually resolve the issue and that the bill was an encroachment of the national government into state jurisdictions. In his veto message, Johnson wrote:

> "In all our history, in all our experience as a people living under Federal and State law, no such system as that contemplated by the details of this bill has ever before been proposed or adopted. They establish for the security of the colored race safeguards which go indefinitely beyond any that the General Government has ever provided for the white race. In fact, the distinction of race and color is by the bill made to operate in favor of the colored against the white race."

Congress, on the other hand, was incensed by Johnson's veto, as they had before them mountains of evidence of widespread mistreatment of African Americans throughout the South. The overriding of Johnson's veto was a significant step in the struggle for civil rights and the recognition of African Americans as citizens with full civil rights.

The bill's objectives and impact

The Civil Rights Act of 1866 was the first federal civil rights law in US history. It was introduced by Senator Lyman Trumbull of Illinois, and passed by Congress on April 9, 1866, despite being vetoed by President Andrew Johnson. The bill was enacted to protect the civil rights of all citizens, particularly those of African descent, and to address the widespread mistreatment of African Americans by both private and public parties in the South.

The Act had three primary objectives: firstly, to define American citizenship; secondly, to outline the rights that come with this citizenship; and thirdly, to affirm that it is unlawful to deprive any person of these rights "on the basis of race, color, or prior condition of slavery or involuntary servitude". The Act declared that all people born in the US, regardless of race, colour, or previous condition of slavery, were entitled to basic rights of citizenship and had the same right as white citizens to make and enforce contracts, sue and be sued, give evidence in court, and inherit, purchase, lease, sell, hold, and convey real and personal property. It also guaranteed to all citizens the ""full and equal benefit of all laws and proceedings for the security of person and property".

The Act also outlined punishments for those who violated the law, with persons who denied citizens their rights on account of race or previous enslavement being guilty of a misdemeanour and facing a fine of up to $1,000, or imprisonment of up to one year, or both.

The Civil Rights Act of 1866 laid the foundation for all subsequent civil rights legislation and gave Congress a central role in defining and enforcing constitutional rights. It served as a model for the Fourteenth Amendment, which was passed in 1868, and immediately became a source for the constitutional interpretation of that amendment. The Act also impacted race relations in the North, almost to the same degree as in the South.

The bill's legacy and influence

The Civil Rights Act of 1866 was the first federal law in the United States to define citizenship and affirm that all citizens are equally protected by the law. It was the first step towards civil and social equality for Black Americans during the Reconstruction Period following the Civil War. The Act established that "all persons born in the United States" are citizens of the United States, regardless of race, colour, or "previous condition of slavery or involuntary servitude". It also defined the rights of American citizenship and made it illegal to deny any person the rights of citizenship on the basis of their race or colour.

Despite being a landmark piece of legislation, the Civil Rights Act of 1866 had its limitations. It did not address political rights, such as the right to vote and hold public office, or social rights that would ensure equal access to public accommodations. These omissions were intentional, as some members of Congress at the time believed that these issues were beyond the scope of the federal government and should be left to the states.

The Act also faced opposition from groups such as the Ku Klux Klan (KKK), which prevented it from being fully implemented to secure the civil rights of Black Americans. While the Act made it illegal to discriminate in employment and housing on the basis of race, it did not provide federal penalties for infringement, leaving victims of discrimination without recourse if they could not access legal assistance.

It wasn't until the passage of more comprehensive civil rights legislation in the second half of the 20th century that more effective remedies became available. Landmark Supreme Court decisions in the late 1960s, such as Jones v. Mayer and Sullivan v. Little Hunting Park, Inc., provided increasing legal remedies based on the original Civil Rights Act of 1866.

Today, the Civil Rights Act of 1866 continues to be cited in Supreme Court cases dealing with discrimination. It laid the foundation for subsequent civil rights legislation, including the Civil Rights Acts of 1964 and the Voting Rights Act of 1965, which incorporated provisions of the 1866 Act. The Act's legacy can be seen in the ongoing efforts to address discrimination and secure equal rights for all Americans.

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