Background
There were several issues over which the North and South diverged in the 1860s. One of these was the issue of slavery. Because the economy in the southern states was agricultural, it remained heavily reliant on slave labor. The industrial North did not rely on slave labor and therefore did not find it necessary. Many will argue that slavery was not the real reason the war began; however, it was a part of the disagreement between the North and the South and as a result of this war, slaves were freed. Lincoln's Emancipation Proclamation freed the slaves in the rebel states, which brought new hope to the lives of African Americans. Then the 13th Amendment ended slavery across the nation in 1865.
Through the Reconstruction Period, from1865-1877, African Americans began to gain many freedoms. African Americans of all ages began to attend school to obtain an education (Horton 2001 182). This education was something African Americans felt would help them gain real equality. One black man in Augusta, Georgia stated, "I'm going to school now to try to learn something which I hope will enable me to be of some use to my race"(Horton 2001 183). With the assistance of the Freedmen's Bureau, African Americans were eventually able to vote (not across the nation until 1870), have legal marriages, and own land, to name but a few new rights (Horton 2001 183). This was a period of hope for former slaves. Their lives were changing and they were gaining liberties they never had. Black Colleges were also on the rise. By 1895, there were forty colleges where the student body was predominately black (Horton 2001 185). White southerners were in serious opposition. Laws such as "black codes" and later discriminatory measures were used to restrict African American advances. Through the early 1870s this resistance continued to outrage many in Congress.
During Reconstruction there were also changes made to the Constitution. These were the 13th, 14th, and 15th Amendments. The 13th Amendment abolished slavery, the 14th Amendment stated that citizenship could not be denied to someone because of their race, and the 15th Amendment gave African American men the right to vote (Horton 2001 186). These amendments and accompanying enforcement laws enabled the Congress to continue having more control of the South and to allow African Americans to practice their liberties.
In the 1880s, the Supreme Court gave back to the states the responsibility to protect and defend black rights. Soon southern states began to refuse to "recognize black civil rights" (Horton 2001 197). As these civil rights continued to be denied to African Americans, a great number of southern states, including Virginia, began to create and enforce Jim Crow segregation laws along with poll taxes and literacy tests. These laws led to more extensive segregation and discrimination against African Americans. The question of how these laws were put into effect, even though amendments were made to the Constitution for equal protection, can be answered in part by looking at the idea of "separate but equal" (Sullivan 2001 96-7). In Plessy v. Ferguson, 1896, the question was raised whether the Equal Protection clause of the 14th Amendment allowed for racial separation. Included was the idea that "although the Court recognized that the object of the 14th Amendment was undoubtedly to enforce the absolute equality of the two races before the law," also "it could not have been intended to abolish distinctions based upon race" (Sullivan 2001 97). "Separate but equal" was in fact not what it was said to be. It was part of a system of laws that not only separated blacks from whites but also effectively denied them voting rights, rights to serve on juries, and many economic opportunities. The Jim Crow System was never truly equal, but rather allowed for racial segregation and discrimination that continued for sixty years with effects that continue today.
The History of Jim Crow Segregation Laws
Jim Crow laws were laws of segregation that became widespread during the 1890s. These laws were name for a minstrel show character (a traveling entertainer) that was typically played by a white actor with black face paint. Before the Civil War, the Jim Crow idea was an image of black inferiority and it soon became a racial slur. The Jim Crow era began in the 1890s when southern states began to strengthen laws that separated races in public places and that did not allow black males the right to vote. In every state that was once part of the Confederacy, segregation was in place completely by 1910 (www.jimcrowhistory.org/history/creating2.htm, accessed July 27, 2005). During the time of Jim Crow, lynchings against blacks were very common. From 1889 to 1930, over 3,700 men and women were lynched in the United States- most of these men and women were Southern blacks (www.jimcrowhistory.org/creating2/htm).
Timeline of Events from the Civil War to the Progressive Era
The Civil War began in 1861 with shots being fired on Fort Sumter, located in the harbor of Charleston, South Carolina. In 1863, President Abraham Lincoln issued the Emancipation Proclamation, freeing all slaves in the rebel states. The war lasted until 1865, with the Confederate General Robert E. Lee surrendering to Ulysses S. Grant at Appomattox Courthouse, Virginia. In 1865, the 13th Amendment was ratified which abolished slavery. The 14th Amendment, granting native-born blacks citizenship, was ratified in 1868. The 15th Amendment, allowing black men the right to vote, was ratified in 1870 (Bolden 2001 59). The length of time Reconstruction lasted is a much debated issue. Virginia Standards note the Reconstruction Period lasted from 1865-1877. In 1877, federal troops were taken out of the South permitting discrimination and laws of segregation to get worse (Bolden 2001 61). However, African Americans continued to have voting rights to the mid-1890s. Laws of segregation and discrimination against African Americans continued until the 1950s. Brown v. Board of Education, 1954, overturned Plessy v. Ferguson,1896, declaring that separate but equal has no place and separate educational facilities were unequal (Bolden 2001 61). This case led to the modern Civil Rights Movement, which won federal laws that greatly limited surviving segregation and official discriminatory practices in the 1960s.
What are Civil Rights and Civil Liberties?
Civil rights and civil liberties are often words whose meanings are used interchangeably. These ideas do have similar meanings and it is not incorrect to use them in place of one another. However, most people feel there is a difference between the two. Civil liberties are the freedoms and rights one has as a person and as an American citizen. These liberties are spelled out for us in the Constitution and the Bill of Rights. Civil liberties are guarantees of freedom the government cannot take away. An example of a civil liberty would be the right to have a jury of one's peers. Civil rights are used more often to talk about issues of basic rights given equally to groups of people. When talking about civil rights, it is correct to think of the Civil Rights Movement for African Americans or the Women's Movement. The civil rights of African Americans were not being given equally; therefore there was a movement by African Americans to win this equality.
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