The forgotten Civil Rights Act of 1875 / by kevin murray

The Civil Rights Act of 1875, was initiated by Senator Charles Sumner, however, this Act was not passed and ratified until after his death.  The Act essentially said that “...it is the duty of government in its dealings with the people to mete out equal and exact justice to all.”  This Act made it abundantly clear that all persons shall be treated equally, and had therefore equal rights under the law.  Had this Act, been actually enforced and taken to heart, the Civil Rights Act so passed under LBJ in 1964, would not have been necessary; but unfortunately, the Civil Rights Act of 1875, was pretty much a dead letter, and officially became an Act of no effect, when the Supreme Court ruled that discrimination was not applicable to private individuals or organizations, and further to the point, the federal government's justice department, simply never enforced this Act, at all.

 

The very failure of the Civil Rights Act of 1875, and the subsequent removal of Federal  military control after the Civil War upon those Southern States, meant the betrayal not only of that Civil Rights Act, but the vacating of the 13th-15th Amendments to the Constitution, as well as the subsequent  ultimate return of the Southern aristocracy to the forefront and power of those same Southern States -- supported by a court and justice system, which did not and would not enforce laws that were specifically ratified to provide equal treatment for all, which was especially of concern for those that were previously enslaved.

 

Once the Southern States re-obtained their power, they were then able to hold at bay for decades, any meaningful civil rights being enforced within this country, and essentially made this a nation that effectively was separate and unequal, and thus successfully held back the progress of those of color, for decades, despite the fact that legislated law was supportive of the unequivocal position that this was not a nation, of different laws for different races or creeds within it, but of one people, united, instead.  Further to the point, the time to right the ship of America, was surely after that bloody Civil War, and to the credit of those that legislated these new important laws, they did the right thing; but those that interpreted such and enforced such most certainly did not.

 

In life, there are two main steps to effect positive change, of which the first is having the wisdom to acknowledge past wrongs and to thereby correct such; and the second is to see that such correction is actually functionally applied, consistently.  In truth, America, has much wisdom, but it has historically not been true to its lofty and noble sentiments, but instead has often lacked the courage and follow through to do what is morally right.

 

It is absolutely disheartening that great legislatures have done their part to effect justice for those that previously have been discriminated against and yet these people still continue to suffer for nothing more than the complexion of their skin or from their religious faith; and of which, again and again, America has failed to take to heart, that the correct time to do the right thing, is always in the present, and always will be.