Works of Booker T. Washington - Booker T. Washington [192]
The Negro and the Law
By WILFORD H. SMITH
The law and how it is dodged by enactments infringing upon the rights guaranteed to the freedmen by constitutional amendment. A powerful plea for justice for the Negro.
WILFORD H. SMITH.
The colored people in the United States are indebted to the beneficent provisions of the 13th, 14th and 15th amendments to the Constitution of the United States, for the establishment of their freedom and citizenship, and it is to these mainly they must look for the maintenance of their liberty and the protection of their civil rights. These amendments followed close upon the Emancipation Proclamation issued January 1st, 1863, by President Lincoln, and his call for volunteers, which was answered by more than three hundred thousand negro soldiers, who, during three years of military service, helped the Union arms to victory at Appomattox. Standing in the shadow of the awful calamity and deep distress of the civil war, and grateful to God for peace and victory over the rebellion, the American people, who upheld the Union, rose to the sublime heights of doing justice to the former slaves, who had grown and multiplied with the country from the early settlement at Jamestown. It looked like an effort to pay them back for their years of faithfulness and unrequited toil, by not only making them free but placing them on equal footing with themselves in the fundamental law. Certainly, they intended at least, that they should have as many rights under the Constitution as are given to white naturalized citizens who come to this country from all the nations of Europe.
The 13th amendment provides that neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist in the United States or any place subject to their jurisdiction.
The 14th amendment provides in section one, that all persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States, and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the law.
The 15th amendment provides that the right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State on account of race, color, or previous condition of servitude.
Chief Justice Waite, in the case of the United States vs. Cruikshank, 92nd U.S. 542, said:—
"The 14th amendment prohibits a State from denying to any person within its jurisdiction the equal protection of the law. The equality of the rights of citizens is a principle of republicanism. Every Republican government is in duty bound to protect all its citizens in the enjoyment of this principle if within its power."
The same Chief Justice, in the case of the United States vs. Reese, 92nd U.S. 214, said:
"The 15th amendment does not confer the right of suffrage upon anyone. It prevents the States or the United States from giving preference in this particular to one citizen of the United States over another, on account of race, color or previous condition of servitude. Before its adoption this could be done. It was as much within the power of a State to exclude citizens of the United States from voting on account of race and color, as it was on account of age, property or education. Now it is not."
Notwithstanding the manifest meaning of equality of citizenship contained in the constitutional amendments, it was found necessary to reinforce them by a civil rights law, enacted by the Congress of the United States, March 1st, 1875, entitled, "An Act To Protect All Citizens In Their Civil and Legal Rights." Its preamble and first