The Reconstruction Desegregation Debate: The Policies of Equality and the Rhetoric of Place, 1870-1875
by Kirt H. Wilson
Michigan State University Press, 2002 Paper: 978-1-61186-450-2 | Cloth: 978-0-87013-617-7 | eISBN: 978-1-62896-486-8 Library of Congress Classification E185.61.W745 2002 Dewey Decimal Classification 973.0496073
ABOUT THIS BOOK | TOC | REQUEST ACCESSIBLE FILE
ABOUT THIS BOOK
In the decade that followed the Civil War, two questions dominated political debate: To what degree were African Americans now “equal” to white Americans, and how should this equality be implemented in law? Although Republicans entertained multiple, even contradictory, answers to these questions, the party committed itself to several civil rights initiatives. When Congress passed the Thirteenth Amendment, the 1866 Civil Rights Act, the Fourteenth Amendment, and the Fifteenth Amendment, it justified these decisions with a broad egalitarian rhetoric. This rhetoric altered congressional culture, instituting new norms that made equality not merely an ideal,but rather a pragmatic aim for political judgments.
Kirt Wilson examines Reconstruction’s desegregation debate to explain how it represented an important movement in the evolution of U.S. race relations. He outlines how Congress fought to control the scope of black civil rights by contesting the definition of black equality, and the expediency and constitutionality of desegregation. Wilson explores how the debate over desegregation altered public memory about slavery and the Civil War, while simultaneously shaping a political culture that established the trajectory of race relations into the next century.
TABLE OF CONTENTS
Chapter 1: THE SYMBOLIC MEANING OF SEGREGATION 1
Segregation before the Reconstruction Era 4
Reconstruction: The Politics of Equality and the Rhetoric of Place 10
Chapter 2: THE LEGISLATIVE HISTORY OF THE 1875 CIVIL RIGHTS ACT 17
The Origins of National Desegregation 18
The Congressional Debates of 1874 23
The House Debate, 1874
The Senate Debate, 1874
The Fall Election of 1874 36
The Congressional Debates of 1875 37
The House Debate, 1875
The Senate Debate, 1875
The Civil Rights Act in the Post-Reconstruction Era 42
Chapter 3: THE POLITICS OF EQUALITY IN CHARLES SUMNER'S PROPHETIC VISION 47
The Tumultuous Career of Charles Sumner 48
"The Crime against Kansas"
Sumner's Opposition to the Fourteenth Amendment
Lessons for Desegregation
Sumner's Politics of Equality 56
Equality versus Inequality
From Slave to Citizen
The Bill's Necessity
Reinterpreting the Constitution
Chapter 4: BLACK EQUALITY AND THE CIVIL RIGHTS ACT OF 1875 77
The First Voice: White Supremacy and Black Inferiority 78
The Second Voice: The Rhetoric of Black Equality 86
Reshaping America's Public Memory
Using the Arguments and Actions of Others
Equality through Enactment
Equality through Confrontation
The Nature of This Black Equality
The Third Voice: The Moderate Democrats' Rhetoric of Place 108
Divine and Natural Racial Difference
The Difference of Individual Ability
Social Equality
Black Equality as Separate but Equal
Chapter 5: EXPEDIENCY ARGUMENTS AND THE CIVIL RIGHTS ACT OF 1875 121
Deliberative Rhetoric and the Issue of Expediency 122
A Question of Need: Definitions of the Situation 123
The Republicans' Textual Context: Slavery Continues and
Justice Must Be Served
The Opponents' Textual Context: Bury the Past and
Harmony Will Prevail
Evaluating the Bill's Consequences 133
A Bill to Secure Justice and Protect National Prosperity
A Bill to Create Conflict and Increase Prejudice
The Substantial Patterns of Place versus the Formal
Patterns of Equality 144
Chapter 6: CONSTITUTIONAL ARGUMENTS AND THE CIVIL RIGHTS ACT OF 1875 151
Reconstruction Constitutional Politics: Setting the Stage
for Desegregation 152
The 1870s Civil Rights Debate: Two Versions of the Constitution 159
Constitutional Continuity: American Federalism and States' Rights
Constitutional Transformation: Rescuing the Slaughter-
House Decision
The Discursive Structure of Constitutional Meaning 172
The Democratic Position: To Preserve State Authority
The Republican Position: To Ensure Black Equality
Revisiting Originalism and Constitutional Intent
Chapter 7: THE TRIUMPH OF PLACE OVER EQU'ALITY 183
The Reconstruction of America's Political Culture 184
The Triumph of the Rhetoric of Place 193
Epilogue 197
Appendix A: The Civil Rights Act of 1875 201
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The Reconstruction Desegregation Debate: The Policies of Equality and the Rhetoric of Place, 1870-1875
by Kirt H. Wilson
Michigan State University Press, 2002 Paper: 978-1-61186-450-2 Cloth: 978-0-87013-617-7 eISBN: 978-1-62896-486-8
In the decade that followed the Civil War, two questions dominated political debate: To what degree were African Americans now “equal” to white Americans, and how should this equality be implemented in law? Although Republicans entertained multiple, even contradictory, answers to these questions, the party committed itself to several civil rights initiatives. When Congress passed the Thirteenth Amendment, the 1866 Civil Rights Act, the Fourteenth Amendment, and the Fifteenth Amendment, it justified these decisions with a broad egalitarian rhetoric. This rhetoric altered congressional culture, instituting new norms that made equality not merely an ideal,but rather a pragmatic aim for political judgments.
Kirt Wilson examines Reconstruction’s desegregation debate to explain how it represented an important movement in the evolution of U.S. race relations. He outlines how Congress fought to control the scope of black civil rights by contesting the definition of black equality, and the expediency and constitutionality of desegregation. Wilson explores how the debate over desegregation altered public memory about slavery and the Civil War, while simultaneously shaping a political culture that established the trajectory of race relations into the next century.
TABLE OF CONTENTS
Chapter 1: THE SYMBOLIC MEANING OF SEGREGATION 1
Segregation before the Reconstruction Era 4
Reconstruction: The Politics of Equality and the Rhetoric of Place 10
Chapter 2: THE LEGISLATIVE HISTORY OF THE 1875 CIVIL RIGHTS ACT 17
The Origins of National Desegregation 18
The Congressional Debates of 1874 23
The House Debate, 1874
The Senate Debate, 1874
The Fall Election of 1874 36
The Congressional Debates of 1875 37
The House Debate, 1875
The Senate Debate, 1875
The Civil Rights Act in the Post-Reconstruction Era 42
Chapter 3: THE POLITICS OF EQUALITY IN CHARLES SUMNER'S PROPHETIC VISION 47
The Tumultuous Career of Charles Sumner 48
"The Crime against Kansas"
Sumner's Opposition to the Fourteenth Amendment
Lessons for Desegregation
Sumner's Politics of Equality 56
Equality versus Inequality
From Slave to Citizen
The Bill's Necessity
Reinterpreting the Constitution
Chapter 4: BLACK EQUALITY AND THE CIVIL RIGHTS ACT OF 1875 77
The First Voice: White Supremacy and Black Inferiority 78
The Second Voice: The Rhetoric of Black Equality 86
Reshaping America's Public Memory
Using the Arguments and Actions of Others
Equality through Enactment
Equality through Confrontation
The Nature of This Black Equality
The Third Voice: The Moderate Democrats' Rhetoric of Place 108
Divine and Natural Racial Difference
The Difference of Individual Ability
Social Equality
Black Equality as Separate but Equal
Chapter 5: EXPEDIENCY ARGUMENTS AND THE CIVIL RIGHTS ACT OF 1875 121
Deliberative Rhetoric and the Issue of Expediency 122
A Question of Need: Definitions of the Situation 123
The Republicans' Textual Context: Slavery Continues and
Justice Must Be Served
The Opponents' Textual Context: Bury the Past and
Harmony Will Prevail
Evaluating the Bill's Consequences 133
A Bill to Secure Justice and Protect National Prosperity
A Bill to Create Conflict and Increase Prejudice
The Substantial Patterns of Place versus the Formal
Patterns of Equality 144
Chapter 6: CONSTITUTIONAL ARGUMENTS AND THE CIVIL RIGHTS ACT OF 1875 151
Reconstruction Constitutional Politics: Setting the Stage
for Desegregation 152
The 1870s Civil Rights Debate: Two Versions of the Constitution 159
Constitutional Continuity: American Federalism and States' Rights
Constitutional Transformation: Rescuing the Slaughter-
House Decision
The Discursive Structure of Constitutional Meaning 172
The Democratic Position: To Preserve State Authority
The Republican Position: To Ensure Black Equality
Revisiting Originalism and Constitutional Intent
Chapter 7: THE TRIUMPH OF PLACE OVER EQU'ALITY 183
The Reconstruction of America's Political Culture 184
The Triumph of the Rhetoric of Place 193
Epilogue 197
Appendix A: The Civil Rights Act of 1875 201
REQUEST ACCESSIBLE FILE
If you are a student who cannot use this book in printed form, BiblioVault may be able to supply you
with an electronic file for alternative access.
Please have the accessibility coordinator at your school fill out this form.