Chapter 17 – The Color Line Sharpens (1883-1888)
p. 351-352 What is the symbolism of Chief Justice Taney’s wooden inkstand?
p. 353 In the Civil Rights Cases Justice Bradley discussed the “badge of slavery”:
The long existence of African slavery in this country gave us very distinct notions of what it was and what were its necessary incidents. Compulsory service of the slave for the benefit of the master, restraint of his movements except by the master’s will, disability to hold property, to make contracts, to have a standing in court, to be a witness against a white person, and such like burdens and incapacities were the inseparable incidents of the institution. Severer punishments for crimes were imposed on the slave than on free persons guilty of the same offences. Congress, as we have seen, by the Civil Rights Bill of 1866, passed in view of the Thirteenth Amendment before the Fourteenth was adopted, undertook to wipe out these burdens and disabilities, the necessary incidents of slavery constituting its substance and visible form, and to secure to all citizens of every race and color, and without regard to previous servitude, those fundamental rights which are the essence of civil freedom, namely, the same right to make and enforce contracts, to sue, be parties, give evidence, and to inherit, purchase, lease, sell and convey property as is enjoyed by white citizens. Whether this legislation was fully authorized by the Thirteenth Amendment alone, without the support which it afterward received from the Fourteenth Amendment, after the adoption of which it was reenacted with some additions, it is not necessary to inquire. It is referred to for the purpose of showing that, at that time (in 1866), Congress did not assume, under the authority given by the Thirteenth Amendment, to adjust what may be called the social rights of men and races in the community, but only to declare and vindicate those fundamental rights which appertain to the essence of citizenship, and the enjoyment or deprivation of which constitutes the essential distinction between freedom and slavery.
p. 354 In his dissent Harlan explains the meaning of freedom – the same rights as the white population has enjoyed; and not as an empty vessel.
“It is not the words of the law, but the internal sense of it that makes the law; the letter of the law is the body; the sense and reason of the law is the soul.”
p. 355-56 Any Pennsylvanian remarks to Harlan’s dissent?
p. 357. What was Douglas’ essay “Civil Rights and Justice Harlan” about?
p. 358-363 What was the role of the National Convention of Colored Men? Who was Louis Martinet? How do you feel reading Douglas’ words “the color line is not the creation of colored people” in light of ignorant statements by famous people today, such as Whoopy Goldberg’s “I know race – I can see it” (not real quote)
p. 364 What is the educational role of Louisiana Standard as explained by the author?
p. 365-371 What is the saga of Councill and the Interstate Commerce Commission?