The Promise of Freedom: Black Rights During Reconstruction

(Part IV(a) of six part series):

In the last article I discussed the state of Black rights during slavery by briefly examining two important legal documents occurring near the beginning and the end of slavery: The Negro Act and the Dred Scott decision. I noted the recapitulation of particular themes during slavery that first appeared pre-slavery such as the ability to kill Blacks without fear of trial, the restriction of Black gatherings, and the inability of Blacks to own property. Essentially this period demonstrated the precarious nature of Black rights in America.

Now, turning to the period after slavery known as Reconstruction, the precarious nature of Black rights is further underscored by the range of legal action taken in favor and against Blacks. Reconstruction is a complicated period in American history following the civil war, and it saw great advances alongside great opposition to Black liberation. Originally I wanted to discuss these parallel forces within one article, but even a truncated discussion requires at least two articles. Therefore, this is Part IV(a) of the series. This article will focus on the advances. The next one will focus on the oppositional forces and how they were able to prevail and usher in Jim Crow.

The Three Most Important Amendments for Blacks

Reconstruction birthed the three most important Amendments for Blacks: The Thirteenth, Fourteenth and Fifteenth Amendments. The Thirteenth Amendment was enacted in 1865 and ended slavery and forced servitude except for those duly convicted of a crime. Ironically, within the Amendment that secured our liberation from chattel slavery lay the seeds for the later re-enslavement of Blacks through carceral control. [1]

The Fourteenth Amendment provided two important legal protections. First, it conveyed citizenship to every person born or naturalized in America. In other words, it unequivocally made all former slaves citizens. This arguably overturned the holding in the Dred Scott decision that denied the citizenship of Blacks and instead held us to be property. Second, since we were now deemed citizens, Congress then provided equal protection under the law for all citizens regardless of race. It protected Blacks from discriminatory state and federal action. Later, this crucial Amendment was used to incorporate most of the Bill of Rights (the first ten amendments) for all citizens against state action as well. Prior to that the Bill of Rights was only held as protection for citizens against the Federal government.

Finally, the Fifteenth Amendment prevented the Federal government and state governments from impeding the rights of male citizens from voting because of their race, color or previous servitude. Now, if you are politically and historically astute you may wonder why do we have later laws like the Voting Rights Act if the Fifteenth Amendment prohibits discrimination against voters. The issue arises from the utilization of laws that appear racially neutral on their face but in reality are not (e.g. grandfather clauses, literacy tests, etc.). Such laws historically and presently remain a threat to Black rights because they are subversive and effective.

The Rise Of Black Suffrage and Lawmakers 

In addition to these important Amendments, there were other great legal victories for Blacks occurring on the federal and state levels. Congress passed the Civil Rights Act of 1866, the first civil rights law in America. This law granted citizenship and the same rights enjoyed by White citizens to all male persons without regard to race, color or previous servitude. Unfortunately, it did not provide for adequate remedies for violations. Later in 1875 the last biracial Congress during Reconstruction passed another law, the Civil Rights Act of 1875. This legislation provided protection for Blacks in public accommodations (e.g. restaurants, hotels, trains, etc.). Although this law had more teeth than the 1866 Act, it was not followed by the states. As we will see in the next article, this eventually led to an important Supreme Court case.

As alluded to above, this period also saw a great influx of Black legislators. Hiram Revels became the first Black senator in 1870, coming from the state of Mississippi. During that period senators were elected by members of the state legislature, and Revels was elected 81 to 15 to finish the term of Albert Brown, a former senator who withdrew during the succession in 1861. Blanche Bruce, a mixed race man, was the next Black senator who also came from Mississippi; serving from 1875 until 1881. He was the last Black US senator until 1967 with Edward Brooke.

There were countless other Black state legislators as well. For example, Georgia had 69 Blacks as delegates to the Constitutional Convention after Reconstruction or as members in legislature once they were allowed to participate. In this capacity these state legislators passed laws mandating such things as compulsory education. Following slavery education was very important and we see the rise of HBCU’s like Fisk, Howard, Morehouse, Spelman, and lesser-known institutions like the Penn Center.[2] Many of these institutions had White founders, but later became controlled by Blacks.

All in all, what we see during this period is that as Blacks became empowered legally, they turned that power into political empowerment as well. They knew they had to do so because of the odds and people standing against them like President Andrew Johnson who said, “it must be acknowledged that in the progress of nations negroes have shown less capacity for government than any other race of people.”[3] In the face of such vitriol, they were able, even if briefly, to utilize their freedom in the same manner as their White counterparts. However, unlike their White counterparts, their rights were far more precarious and vigorously opposed.

In the next part, we will examine the White opposition brewing simultaneous with Black political progress. Eventually, we will see how the will of the country was not behind Black liberation, perhaps the most crucial element ensuring Black rights in America. Without the will for justice, the Supreme Court once again with the stroke of its pen removed the protection. The end of these protections was the start of another dark period for Blacks in America; a period known as Jim Crow.

–Until Next Time–

Palooke

[1] For further discussion see Part IV of this article. Also, see the films 13th directed by Ava DuVernay and Lincoln directed by Steven Speilberg; and read Slavery By Another Name by Douglas Blackmon. For additional information on the Reconstruction Amendments read Inherently Unequal by Lawrence Goldstone.

[2] The Penn Center is a significant cite of black history. Not only did it educate slaves after slavery, it also served as training ground and retreat space for important figures of the civil rights movement such as Dr. King and the SCLC. For more information read Penn Center: A History Preserved by Orville Vernon Burton.

[3] Goldstone, supra note 1, at 21.