Dr. Michael Curtis
Historian
Stresses
The Importance
Of 14th,
15th
Amendments
By AMY
ROSE
Staff Writer
Racial equality
in America was advanced by enactment of the 14th and 15th constitutional amendments during Andrew
Johnson's 1865-69 presidency, according to Dr. Michael Kent Curtis, one of the speakers at a
day-long symposium Thursday at Tusculum College.
Curtis, one of four
featured speakers, discussed the U.S. Constitution's 14th and 15th amendments, "Their Effect Then
and Now."
The attorney, professor and constitutional scholar concluded,
"The only reason we have national protection for equality, the only reason we have a lot of these
other things we've all thought of as belonging to the American citizens, is because of what happened
after the Civil War, and primarily the 14th and the 15th
amendments."
However, Curtis noted, although Johnson essentially was
opposed to the two amendments, both were enacted during his presidency in the post-Civil War era of
Reconstruction.
The 14th Amendment made all persons born or naturalized
in the United States, including African-Americans, citizens of the United
States.
The 15th Amendment granted the right to vote to African-American
men.
Supreme Court Decisions
Curtis
presented several pre-Civil War constitutional decisions of the U.S. Supreme Court that restricted
freedoms much more than is the situation today.
Barron v. Baltimore, of
1833, stated that the rights in the Bill of Rights do not limit state or local governments. They
only restrain federal action, he said.
Prigg v. Pennsylvania, of 1842,
stated that slave owners have a constitutional right to reclaim their "slaves" in the North without
any judicial process to see if the black person seized is really a slave, he
said.
Also Congress made it a crime for a private person to help a
fugitive slave escape, he said.
Dred Scott v. Sandford, of 1857, stated
that black people in the U.S., whether free or slave, can never be citizens of the United States.
Constitutional protections (rights, liberties, privileges and
immunities) belong only to U.S. citizens. Black people have no constitutional rights, and as a
matter of federal constitutional law have "no rights a white person is bound to respect," he
said.
Curtis showed a poster dated Feb. 27, 1837, titled
"OUTRAGE."
The poster was addressed to "Fellow Citizens" and said "An
Abolitionist of the most revolting character is among you, exciting the feelings of the North
against the South. A seditious lecture is to be delivered this evening, at 7 o'clock at the
Presbyterian Church in Cannon-street. You are requested to attend and unite in putting down and
silencing by peaceable means this tool of evil and fanaticism. Let the rights of the States
guaranteed by the Constitution be protected."
Attacks On Free
Speech
Curtis told of several attacks on the freedom of speech, including
a mob attack on Elijah Lovejoy's press in 1837.
The attack came after
Lovejoy stated that Missouri should abolish slavery.
An arsonist
attempted to burn the building that housed Lovejoy's press. Lovejoy attempted to shoot the arsonist,
but the mob killed Lovejoy instead, he said.
Curtis also spoke about a
book by Hinton Helper, "The Impending Crisis of the South," which became a Republican campaign
document, he said.
In North Carolina, Daniel Worth, a Wesleyan minister,
distributed copies of Helper's book and was arrested and charged with distributing a book that would
tend to cause slaves to be discontented.
Curtis noted that almost half of
the Republicans in the House of Representatives were endorsers of Helper's
book.
Post-Civil War Elections
By 1905,
Curtis said, there was disfranchisement in the South that caused great declines in the number of
registered voters.
In Louisiana, he said, the number of black citizens
registered to vote decreased from 130,334 to 1,342.
In Virginia, the
decline was from 147,000 to 10,500.
In Alabama's black belt counties, he
said, black registration dropped from 79,311 in 1900 to 1,081 in
1901.
Curtis compared Andrew Johnson to President Lyndon B. Johnson,
noting that they both were Southerners who became president as a result of
assassination.
Both served during times of reconstruction after divided
government, he said.
Curtis said some states continue to have
requirements that limit certain groups from being able to vote.
For
example, he said, South Carolina's voter identification program requires citizens to provide copies
of their birth certificates to register to vote.
This requirement can
make it more difficult for the poor to vote because there is a fee for obtaining a copy of a birth
certificate, he said.
Curtis is the Judge Donald L. Smith Professor in
Constitutional and Public Law at Wake Forest University School of Law. He teaches constitutional
law, American legal history, freedom of speech and press, and election
law.