Civil Rights Act of 1866 - Anniversary Celebration

On April 9, 1866, some three years after the passage of the Emancipation Proclamation, congress passed the first Civil Rights Act. The act sought to overrule the so-called Black Codes of southern states. The black codes were a collection of state and local laws in effect in the southern U.S. states in the late 19th century that imposed limits on the rights of freed slaves such as the right to vote and the right to work in certain occupations. The Civil Rights Act of 1866 sought to abrogate the limitations the Black Codes imposed and to bring civil rights in the United States under the umbrella of federal law.

The Civil Rights Act was framed to incorporate three main items into the constitution. First, the bill proffered that anyone born in the United States was to be considered a citizen. Second, it ensured that all citizens "shall have the same right...to full and equal benefit of all laws". Third, the bill framed that it is unlawful for anyone to deprive someone of the benefits of citizenship on the basis of or color or "any previous condition of slavery or involuntary servitude". But what the act proposed in federal equality, freedoms, and civil rights was in many ways limited by the lack of clear solutions, enforcements, and realistic protections. The act ensured the civil rights of individuals, but the phrase civil rights in 1866 was distinct in definition from the phrase political rights. This semantic distinction meant that certain activities such as political participation were still not protected and it wasn't until the passage of future civil rights legislation that these rights were ensured.

Though stalled by a shocking and ugly attempted veto from President Andrew Johnson, congress passed the bill with majority support thus making it the first piece of major legislation in U.S. history passed despite a presidential veto. And even with the bill's shortcomings, the passing of the Civil Rights Act of 1866 was a momentous feat the spirit of which has been carried on throughout every subsequent civil rights act passage.

Sources:
Bracey. Christopher A. Civil Rights Act of 1866. Accessed on January 18, 2010" http://www.enotes.com/major-acts-of-congress/civil-rights-act

Richardson, James D., ed. A Compilation of the Messages and Papers of the Presidents 1789-1897. Washington: Bureau of National Literature, 1896-1899.

Wilson, Theodore Brantner. The Black Codes of the South. University: University of Alabama Press, 1965.

Written by Kimberley Dickey, Law Librarian Fellow