PvF
The 14th Amendment prohibited other forms of involuntary servitude as in peonage and coolie labor. It was argued that the 14th amendment was not necessary because the 13th Amendment protected the African American race. William J. Cruikshank was a member of a group called White League that murdered more than 100 blacks. He appealed to David Dudley Field, who was a brother to the Supreme Court, Justice Stephen Field, stating that the second sentence in the 14th Amendment protected rights of citizens and persons against only state action.
Summer’s death and major losses of 1874 made the Republication-controlled Congress pass Summer’s civil right bill of full and equal enjoyment by all people of the United States for public transportation on land and water, theaters, and any other public amusement.
Bradley thinks that most rights of private citizens should remain as social rights. The 14th Amendment did not protect civil rights, and the appeal was dismissed based on the 13th Amendment, and the blacks that are freed from slavery are still not free from discrimination. Harlan brought recognition to the Court that the amendment gives Congress the power to enact legislation enforcement. The Prigg vs. Pennsylvania offered federal government the power to enforce fugitive slave law. The 14th Amendment established a new form of national citizenship but also provided power to Congress to enforce constitutional provision.
Radical Reconstruction was revolutionized in three steps to the South from the North while control of the government after the Civil War. The first step being, to establish equal economic rights for African Americans by abolishing slavery. Second, to work for equal political rights by eliminating race as a barrier. The third and final step, through the Civil Rights Act, to try to guarantee equal social and civil rights.
Booker T. Washington addressed the Atlanta Exposition and argued for mutual dependence of the black race and white race in the South by using a metaphor of a hand in relation to segregation. Tourgee argued what defines a person’s race if there are mixed races, in relation to the reality of those other than the white people not having the ability to own property without the law to support.
A segregation school in Washington D.C. was ruled by the same members of Congress that passed the 13th Amendment and 14th Amendment. Brown insisted that the 14th Amendment direct the separate and equal facilities, and that social prejudices may be overcome by legislation and that equal rights may not be secured to the blacks unless both races were in mutual agreement. Brown’s rule was done in fashion that was going for the law of nature.
Harlan ruled in a fashion that sticks to words that were established for reasons. Harlan blamed the Jim Crow acts for not offering the blacks equal rights and enjoyments of being a United States citizen. Harlan claims that the act goes against the Civil War amendment and that the laws of Louisiana were unconstitutional.
TMM
Appeals to Reason or to the nature of the universe have been used throughout history to enshrine existing hierarchies as proper and inevitable. The catalogue of justifications based on nature traverses a range of possibilities: elaborate analogies between rulers and a hierarchy of subordinate classes with the central earth of Ptolemaic astronomy and a ranked order of heavenly bodies circling around it; or appeals to the universal order of a “great chain of being,” ranging in a single series from amoebae to God, and including near its apex a graded series of human races and classes.
This book treats an argument that biological determinism, the notion that people at the bottom are constructed of intrinsically inferior material. Racial prejudice’s biological justification imposed the burden of intrinsic inferiority upon despised groups, and precluded redemption by conversion or assimilation.
In assessing the impact of science upon the eighteenth-century and nineteenth-century views of race, the cultural milieu of a society whose leaders and intellectuals did not doubt the propriety of racial-ranking was recognized. Some soft-liners argued that proper education and standard of life could “raise” blacks to a white level, while others believed that blacks would always remain at a lower level. Benjamin Franklin expressed his hope that America would become a domain of whites.
The three greatest naturalists of the nineteenth century did not hold blacks in high esteem. Charles Darwin wrote about a future time when the gap between human and ape will increase by the anticipated extinction of such intermediate as chimpanzees and Hottentots. Even more instructive are the beliefs of those few scientists often cited in retrospect as cultural relativists and defenders of equality.
Alexander von Humboldt could be considered the hero of all modern egalitarians who seek antecedents in history. He invoked innate mental difference to resolve some dilemmas of human history. He did find some cultural differences- greater contact of Arabs with surrounding urbanized cultures.
Preevolutionary justifications for racial ranking proceeded in two modes. The “softer” argument- again using inappropriate definitions from modern perspectives- upheld the scriptural unity of all peoples in the single creation of Adam and Eve, called monogenism. The “harder” argument abandoned scripture as an allegorical and held that human races were separate biological species, the descendants of the different Adams.
Ettienne Serres wrote that the perfectability of lower races distinguished humans as the only species subject to improvement by its own efforts. He worked to document the signs of inferiority among lower races. He settled on the theory of recapitulation- the idea that higher creatures repeat the adult stages of lower animals during their own growth.
Charles White wrote the strongest defense of polygeny. He rejected any extension of polygeny to “countenance the pernicious practice of enslaving mankind.” His criteria of ranking tended toward the aesthetic.
Ralph Waldo Emerson argued that intellectual emancipation should follow political independence. In the early to mid-nineteenth century, the budding profession of American science organized itself to follow Emerson’s advice.
Louis Agassiz won his reputation in Europe, primarily as Cuvier’s disciple and a student of fossil fishes. His predisposition to polygeny arose primarily from two aspects of his personal theories and methods: in studying the geographic distribution of animals and plants, developing a theory about “centers of creation.” He also was an extreme splitter in his taxonomic practice.