The Civil Rights Act of 1875, sometimes called the Enforcement Act or the Force Act, was a
United States federal law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as va ...
enacted during the
Reconstruction era
The Reconstruction era was a period in American history following the American Civil War (1861–1865) and lasting until approximately the Compromise of 1877. During Reconstruction, attempts were made to rebuild the country after the bloo ...
in response to civil rights violations against
African Americans
African Americans (also referred to as Black Americans and Afro-Americans) are an ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American" generally denotes descendants of ens ...
. The bill was passed by the
43rd United States Congress
The 43rd United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 1873, ...
and signed into law by
United States President
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United State ...
Ulysses S. Grant
Ulysses S. Grant (born Hiram Ulysses Grant ; April 27, 1822July 23, 1885) was an American military officer and politician who served as the 18th president of the United States from 1869 to 1877. As Commanding General, he led the Union Ar ...
on March 1, 1875. The act was designed to "protect all citizens in their civil and legal rights", providing for equal treatment in
public accommodations
In United States law, public accommodations are generally defined as facilities, whether publicly or privately owned, that are used by the public at large. Examples include retail stores, rental establishments, and service establishments as well ...
and public transportation and prohibiting exclusion from
jury service
Jury duty or jury service is service as a juror in a legal proceeding.
Juror selection process
The prosecutor and defense can dismiss potential jurors for various reasons, which can vary from one state to another, and they can have a specifi ...
. It was originally drafted by Senator
Charles Sumner
Charles Sumner (January 6, 1811March 11, 1874) was an American statesman and United States Senator from Massachusetts. As an academic lawyer and a powerful orator, Sumner was the leader of the anti-slavery forces in the state and a leader of th ...
in 1870, but was not passed until shortly after Sumner's death in 1875. The law was not effectively enforced, partly because President Grant had favored different measures to help him suppress election-related violence against blacks and
Republicans in the
Southern United States
The Southern United States (sometimes Dixie, also referred to as the Southern States, the American South, the Southland, or simply the South) is a geographic and cultural region of the United States of America. It is between the Atlantic Ocean ...
.
The Reconstruction era ended with the resolution of the
1876 presidential election, and the Civil Rights Act of 1875 was the last federal civil rights law enacted until the passage of
Civil Rights Act of 1957
The Civil Rights Act of 1957 was the first federal civil rights legislation passed by the United States Congress since the Civil Rights Act of 1875. The bill was passed by the 85th United States Congress and signed into law by President Dwigh ...
. In 1883, the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
ruled in the ''
Civil Rights Cases
The ''Civil Rights Cases'', 109 U.S. 3 (1883), were a group of five landmark cases in which the Supreme Court of the United States held that the Thirteenth and Fourteenth Amendments did not empower Congress to outlaw racial discrimination by pr ...
'' that the public accommodation sections of the act were unconstitutional, saying Congress was not afforded control over private persons or corporations under the
Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal ...
. Parts of the Civil Rights Act of 1875 were later re-adopted in the
Civil Rights Act of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...
and the
Civil Rights Act of 1968
The Civil Rights Act of 1968 () is a landmark law in the United States signed into law by United States President Lyndon B. Johnson during the King assassination riots.
Titles II through VII comprise the Indian Civil Rights Act, which applie ...
, both of which cited the
Commerce Clause
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amon ...
as the source of Congress's power to regulate private actors.
Legislative history
The drafting of the bill was performed early in 1870 by
United States Senator
The United States Senate is the Upper house, upper chamber of the United States Congress, with the United States House of Representatives, House of Representatives being the Lower house, lower chamber. Together they compose the national Bica ...
Charles Sumner
Charles Sumner (January 6, 1811March 11, 1874) was an American statesman and United States Senator from Massachusetts. As an academic lawyer and a powerful orator, Sumner was the leader of the anti-slavery forces in the state and a leader of th ...
, a dominant
Radical Republican
The Radical Republicans (later also known as " Stalwarts") were a faction within the Republican Party, originating from the party's founding in 1854, some 6 years before the Civil War, until the Compromise of 1877, which effectively ended Reco ...
in the Senate, with the assistance of
John Mercer Langston
John Mercer Langston (December 14, 1829 – November 15, 1897) was an American abolitionist, attorney, educator, activist, diplomat, and politician. He was the founding dean of the law school at Howard University and helped create the department ...
, a prominent African American who established the
law department
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
at
Howard University
Howard University (Howard) is a private, federally chartered historically black research university in Washington, D.C. It is classified among "R2: Doctoral Universities – High research activity" and accredited by the Middle States Commissi ...
. The bill was proposed by Senator Sumner and co-sponsored by
Representative
Representative may refer to:
Politics
* Representative democracy, type of democracy in which elected officials represent a group of people
* House of Representatives, legislative body in various countries or sub-national entities
* Legislator, som ...
Benjamin F. Butler, both
Republicans from
, in the
41st Congress of the United States in 1870. Congress removed the coverage of public schools that Sumner had included. The act was passed by the 43rd Congress in February 1875 as a memorial to honor Sumner, who had just died. It was signed into law by
United States President
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United State ...
Ulysses S. Grant
Ulysses S. Grant (born Hiram Ulysses Grant ; April 27, 1822July 23, 1885) was an American military officer and politician who served as the 18th president of the United States from 1869 to 1877. As Commanding General, he led the Union Ar ...
on March 1, 1875.
Enforcement
President Grant had wanted an entirely different law to help him suppress election-related violence against blacks and Republicans in the South. Congress did not give him that, but instead wrote a law for equal rights to public accommodations that was passed as a memorial to Grant's bitterest enemy, the late Senator Charles Sumner. Grant never commented on the 1875 law, and did nothing to enforce it, says historian
John Hope Franklin
John Hope Franklin (January 2, 1915 – March 25, 2009) was an American historian of the United States and former president of Phi Beta Kappa, the Organization of American Historians, the American Historical Association, and the Southern Histo ...
. Grant's Justice Department ignored it and did not send copies to US attorneys, says Franklin, while many federal judges called it unconstitutional before the Supreme Court shut it down. Franklin concludes regarding Grant and Hayes administrations, "The Civil Rights Act was never effectively enforced." Public opinion was opposed, with the black community in support. Historian Rayford Logan looking at newspaper editorials finds the press was overwhelmingly opposed.
Case law
The Supreme Court, in an 8–1 decision, declared sections of the act unconstitutional in the ''Civil Rights Cases'' on October 15, 1883.
Justice
Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
John Marshall Harlan
John Marshall Harlan (June 1, 1833 – October 14, 1911) was an American lawyer and politician who served as an associate justice of the U.S. Supreme Court from 1877 until his death in 1911. He is often called "The Great Dissenter" due to his ...
provided the lone dissent. The Court held the
Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal ...
within the
Fourteenth Amendment prohibits discrimination by the state and local government, but it does not give the federal government the power to prohibit discrimination by private individuals and organizations. The Court also held that the
Thirteenth Amendment was meant to eliminate "the badge of slavery," but not to prohibit racial discrimination in public accommodations. The Civil Rights Act of 1875 was the last federal civil rights bill signed into law until the
Civil Rights Act of 1957
The Civil Rights Act of 1957 was the first federal civil rights legislation passed by the United States Congress since the Civil Rights Act of 1875. The bill was passed by the 85th United States Congress and signed into law by President Dwigh ...
, enacted during the
Civil Rights Movement
The civil rights movement was a nonviolent social and political movement and campaign from 1954 to 1968 in the United States to abolish legalized institutional Racial segregation in the United States, racial segregation, Racial discrimination ...
.
Legacy
The Civil Rights Act of 1875 is notable as the last major piece of legislation related to Reconstruction that was passed by Congress during the
Reconstruction era
The Reconstruction era was a period in American history following the American Civil War (1861–1865) and lasting until approximately the Compromise of 1877. During Reconstruction, attempts were made to rebuild the country after the bloo ...
. These include the
Civil Rights Act of 1866
The Civil Rights Act of 1866 (, enacted April 9, 1866, reenacted 1870) was the first United States federal law to define citizenship and affirm that all citizens are equally protected by the law. It was mainly intended, in the wake of the Amer ...
, the four
Reconstruction Acts
The Reconstruction Acts, or the Military Reconstruction Acts, (March 2, 1867, 14 Stat. 428-430, c.153; March 23, 1867, 15 Stat. 2-5, c.6; July 19, 1867, 15 Stat. 14-16, c.30; and March 11, 1868, 15 Stat. 41, c.25) were four statutes passed duri ...
of 1867 and 1868, the three
Enforcement Acts
The Enforcement Acts were three bills that were passed by the United States Congress between 1870 and 1871. They were criminal codes that protected African Americans’ right to vote, to hold office, to serve on juries, and receive equal protect ...
of 1870 and 1871, and the three
Constitutional Amendments
A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, t ...
adopted between 1865 and 1870.
Provisions contained in the Civil Rights Act of 1875 were later readopted by Congress during the Civil Rights Movement as part of the
Civil Rights Act of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...
and the
Civil Rights Act of 1968
The Civil Rights Act of 1968 () is a landmark law in the United States signed into law by United States President Lyndon B. Johnson during the King assassination riots.
Titles II through VII comprise the Indian Civil Rights Act, which applie ...
. The 1964 and 1968 acts relied upon the
Commerce Clause
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amon ...
contained in
Article One of the
Constitution of the United States
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
rather than the Equal Protection Clause within the Fourteenth Amendment.
See also
*
United States labor law
United States labor law sets the rights and duties for employees, Labor unions in the United States, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and em ...
*
Equality Act (United States), proposed Act seeking to prevent discrimination in public accommodations
References
Bibliography
*
*
*
*
*
*
*, Third Part, Chapter VI, "The Supreme Court Decision."
Further reading
Books
Encyclopedias
*
*
*
Monographs
*
*
*
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Dissertations and theses
*
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Journals
*
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External links
Congressional Records
Congressional Record: Congressional Globe (1833-1873)Provides an index to the "History of Senate Bills and Joint Resolutions" for Senate bill S. 1 during 1873. Retrieved November 18, 2012
Congressional Record: House Proceedings, 1874Provides an index to the "History of Senate Bills and Joint Resolutions" for House bill H.R. 796 during 1874. Retrieved November 18, 2012
Other
Benjamin F. Butler, "Civil Rights: Speech of Hon. Benjamin F. Butler, of Massachusetts, in the House of Representatives, January 7, 1874,"From the Digital Archive Collections of the
Mount St. Mary's University. Retrieved October 15, 2014
''"Civil Rights Bill of 1875"'', The Fifteenth Amendment in Flesh and Blood: Legislative InterestsProvides a detailed description of the history of the bill from 1870 until its passage by Congress in 1875. Retrieved November 18, 2012
''History Crush: Charles Sumner'', Prologue: Pieces of History, The National Archives.govProvides a short biographical account of Sen. Charles Sumner including details surrounding his efforts to pass the Civil Rights bill in Congress. Includes images of Sumner, personal documents, and bill S. 1 that would later lead to the Civil Rights Act of 1875. Retrieved November 18, 2012
Summary of Constitutional Amendments and Major Civil Rights Acts passed by CongressPart of the
Black Americans in Congress, 1870–2007' series. Provided by the Office of History and Preservation under the Office of the Clerk of the U.S. House of Representatives. Retrieved November 18, 2012
by
Thomas Nast
Thomas Nast (; ; September 26, 1840December 7, 1902) was a German-born American caricaturist and editorial cartoonist often considered to be the "Father of the American Cartoon".
He was a critic of Democratic Representative "Boss" Tweed and ...
in ''
Harper's Weekly
''Harper's Weekly, A Journal of Civilization'' was an American political magazine based in New York City. Published by Harper & Brothers from 1857 until 1916, it featured foreign and domestic news, fiction, essays on many subjects, and humor, ...
''. From ''
The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' "On This Day" series. Recounts the events on the floor of the House in the United States Congress involving the Civil Rights Bill on February 27, 1875. Retrieved March 16, 2013
"How Some People Regard the Passage of the Civil Rights Bill"Published in the ''
Daily Graphic
''The Daily Graphic: An Illustrated Evening Newspaper'' was the first American newspaper with daily illustrations. It was founded in New York City in 1873 by Canadian engravers George-Édouard Desbarats and William Leggo, and began publication ...
'' on March 3, 1875. From th
Old Fultonwebsite. Presents a detractors view on the outcome of the Civil Right Bill. Retrieved July 5, 2014
Digitized imageof Charles Sumners' senate bill S. 1 as introduced during the
43rd United States Congress
The 43rd United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 1873, ...
. From the Records of the U.S. House of Representatives. Retrieved May 18, 2015
"Some Memories of A Long Life"An excerpt from the memoir of
Malvina Shanklin Harlan
Malvina French Shanklin Harlan (1839–1916), informally known as "Mallie", was the wife of U.S. Supreme Court Justice John Marshall Harlan, the grandmother of Supreme Court Justice John Marshall Harlan II, and the author of a 1915 memoir entitle ...
, the wife of Justice
John Marshall Harlan
John Marshall Harlan (June 1, 1833 – October 14, 1911) was an American lawyer and politician who served as an associate justice of the U.S. Supreme Court from 1877 until his death in 1911. He is often called "The Great Dissenter" due to his ...
. The excerpt chronicles the effort that Justice Harlan placed into writing an opinion for the ''Civil Rights Cases (1883)''. From the
Library of Congress
The Library of Congress (LOC) is the research library that officially serves the United States Congress and is the ''de facto'' national library of the United States. It is the oldest federal cultural institution in the country. The library is ...
. Retrieved May 18, 2015
{{Authority control
1875 in American law
Anti-discrimination law in the United States
Presidency of Ulysses S. Grant
Reconstruction Era legislation
Civil Rights Acts