NOTES
[150]. State v. Bell, 1872, 7 Baxter (Tenn.) 9.
[151]. State v. Ross, 1877, 76 N. C. 242; State v. Kennedy, 1877, 76 N. C. 251.
[152]. Laws of S. C., 1866, extra sess., pp. 393–94.
[153]. Laws of Tex., 1866, p. 131.
[154]. Laws of Ark., 1866–67, p. 99.
[155]. Art. I, sec. 11.
[156]. Art. I, par. 18.
[157]. Scott v. State, 1869, 39 Ga. 321.
[158]. Sec. 102.
[159]. Const., 1885, art. XVI, sec. 24.
[160]. Const., 1890, art. XIV, sec. 7.
[161]. Const., 1875, art. XIV, sec. 8.
[162]. Const., 1895, art. III, sec. 33.
[163]. Const., 1870, art. XI, sec. 14.
[164]. Code, 1907, III, sec. 7421.
[165]. Revised Stat., 1901, secs. 3092 and 3094.
[166]. Kirby’s Digest, 1904, secs. 5174, 5177, and 5183.
[167]. Civil Code, 1906, sec. 60.
[168]. Revised Stat., 1908, secs. 4163 and 4165.
[169]. Revised Code, 1852, as amended in 1893, p. 593.
[170]. General Stat., 1906, secs. 2579, 3529, and 3531–32.
[171]. Code, 1895, II, secs. 2422–25.
[172]. Revised Code, 1908, I, secs. 2616 and 2619.
[173]. Annotated Stat., 1908, secs. 2641, 2642, 8360, and 8367.
[174]. Statutes, 1909, secs. 4615 and 4619.
[175]. Merrick’s Revised Civil Code, 1900, art. 94.
[176]. Public Gen. Laws, I, sec. 305, p. 878.
[177]. Code, 1906, secs. 1031 and 3244.
[178]. Annotated Stat., 1906, II, sec. 2174.
[179]. Compiled Stat., 1907, sec. 4275.
[180]. Compiled Laws, 1861–1900, secs. 4851–52.
[181]. Pell’s Revisal of 1908, I, secs. 2083 and 3369–70.
[182]. General Stat., 1908, secs. 3260 and 3262.
[183]. Bellinger and Cotton’s Codes and Stat., I, secs. 1999–2001 and II, sec. 5217.
[184]. Code, 1902, I, sec. 2664.
[185]. Code, 1896, secs. 4186–87.
[186]. Sayles’s Civil Stat., I, art. 2959.
[187]. Compiled Laws, 1907, sec. 1184.
[188]. Pollard’s Code, 1904, sec. 2252.
[189]. Code, 1899, p. 972.
[190]. Laws of Calif., 1905, p. 554.
[191]. Kinney’s Case, 1878, 30 Grat. (Va.) 858, 861.
[192]. Code of Criminal Procedure, 1902, sec. 293.
[193]. Ex parte Francois, 1879, Fed. Case No. 5,047.
[194]. McAlpine v. State, 1897, 117 Ala. 93; 23 So. 130.
[195]. Acts of La., 1908, pp. 105–06.
[196]. Laws of N. M., 1866, p. 90.
[197]. Acts of R. I., Jan. sess., 1881, p. 108.
[198]. Laws of Me., 1883, p. 167.
[199]. Pub. Acts of Mich., 1883, p. 16.
[200]. Frederick J. Stimson, “American Statute Law,” I, p. 668.
[201]. Laws of O., 1877, p. 277; 1887, p. 34.
[202]. Laws of N. C., 1887, p. 494.
[203]. Edward Channing, “History of the United States,” The Macmillan Co., 1905, I, pp. 128–30.
[204]. State v. Bell, 1872, 7 Baxter (Tenn.) 9.
[205]. Kinney v. Com., 1878, 30 Grat. (Va.) 858.
[206]. Ex parte Kinney, 1879, Fed. Case No. 7,825.
[207]. State v. Tutty, 1890, 41 Fed. 753.
[208]. 16 Mass. 157 (1819).
[209]. 36 Ind. 389 (1871).
[210]. Burns v. State, 1872, 48 Ala. 195.
[211]. 58 Ala. 190 (1877).
[212]. State v. Hairston, 1869, 63 N. C. 451; Lonas v. State, 1871, 50 Tenn. (3 Heisk) 287; Frasher v. State, 1877, 3 Tex. Ap. 263.
[213]. “Following the Colour Line,” pp. 172–73.
CHAPTER VII
CIVIL RIGHTS OF NEGROES
The Thirteenth Amendment to the Federal Constitution, prohibiting slavery or involuntary servitude, except as a punishment for crime, was proposed to the legislatures of the thirty-six States on February 1, 1865, a little over two months before the surrender of Lee at Appomattox, and was declared to have been ratified by twenty-seven States, the requisite three-fourths, by December 18, 1865. The latter date marked the Negro’s final freedom from physical bondage. His body could no longer be owned as chattel property. But there is a vast difference between being able to say “No man owns my body,” and “I have the same rights, privileges, and immunities as other free men.” This difference the Thirty-ninth Congress—that of 1865–1866—fully realized, and grappled with.
The first ten Amendments were passed soon after the adoption of the Constitution to satisfy the demands of those who were jealous of the power of the Federal government. These, in brief, guaranteed to the citizens of the United States (1) freedom of religion, speech, press, assembly, and of petition for redress of grievances; (2) the right to keep and bear arms; (3) the right not to have soldiers quartered in one’s house in time of peace without one’s consent; (4) freedom from unreasonable searches and seizures; (5) the right not to be denied life, liberty, or property without due process of law; (6) the right to trial by jury; (7) the right of the accused to be confronted by his accuser; (8) the right not to have one’s property taken for public use without compensation; and (9) the right not to be subjected to cruel or unusual punishment, and not to have excessive bail required. These were limitations upon the power of Congress, the States themselves having guaranteed such rights to their own citizens by their bill of rights. After the War, the Federal government was fearful that the States, particularly those lately in rebellion, would not grant these rights or privileges to the freedmen, who, according to the Dred Scott decision, were not citizens. All the power that Congress had over the States, it seems, was to enforce the Thirteenth Amendment by appropriation legislation. But it proceeded to make the most of the power it had, biding its time when another amendment to the Constitution would give it more power over the States.