Civil Rights Act of 1866
|Long title||An Act to protect all Persons in the United States in their Civil Rights and liberties, and furnish the Means of their Vindication.|
|Enacted by||the |
|Effective||April 9, 1866|
|Public law||14 Stat. 27–30|
The Civil Rights Act of 1866, 14
The author of the Civil Rights Act of 1866 was Senator
It provides for the equality of citizens of the United States in the enjoyment of "civil rights and immunities." What do these terms mean? Do they mean that in all things civil, social, political, all citizens, without distinction of race or color, shall be equal? By no means can they be so construed. Do they mean that all citizens shall vote in the several States? No; for suffrage is a political right which has been left under the control of the several States, subject to the action of Congress only when it becomes necessary to enforce the guarantee of a republican form of government (protection against a monarchy). Nor do they mean that all citizens shall sit on the juries, or that their children shall attend the same schools. The definition given to the term "civil rights" in Bouvier's Law Dictionary is very concise, and is supported by the best authority. It is this: "Civil rights are those which have no relation to the establishment, support, or management of government."
During the subsequent legislative process, the following key provision was deleted: "there shall be no discrimination in civil rights or immunities among the inhabitants of any State or Territory of the United States on account of race, color, or previous condition of servitude."
This bill in no manner interferes with the municipal regulations of any State which protects all alike in their rights of person and property. It could have no operation in Massachusetts, New York, Illinois, or most of the States of the Union.
The next day, on April 5, 1866, the Senate overrode President Johnson's veto. This marked the first time that the U.S. Congress ever overrode a president's veto for a major piece of legislation.