Samuel Shellabarger Quotes
Its whole effect is not to confer or regulate rights, but to require that whatever of these enumerated rights and obligations are imposed by State laws shall ... be without distinction based on race.
Southerners and some others wanted to discriminate and fought civil rights legislation. The excuse they gave for opposition was that the Federal Government was usurping the power of the states to determine what civil rights people of the state would have. Shellabarger made it clear that the civil rights bill would not require ANY rights to be given. It just required that if the states granted rights, they could not discriminate by race as to those rights. But the states were free to decide which rights all citizens of the state would have. See {623473} .
Samuel Shellabarger, 1817–1896, U. S. Congressman (Republican, OH), U. S. Ambassador to Portugal, Comment on the then 14th Amendment and the Civil Rights Bill that was being debated, Quoted in Raoul Berger, Government by Judiciary: The Transformation of the Fourteenth Amendment
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This was the first named Civil Rights Act passed in the United States. It was passed over the veto of President Andrew Johnson, a Southerner, who tried to thwart Congress’s efforts at Reconstruction.
In the 1930s African Americans who traveled were subject to countless humiliations whenever the sought hotels, rooming houses, restaurants and other accommodations. Gas stations would not allow them to use bathrooms and they were reduced to using open fields. Traveling and vacationing was, for Blacks, humiliating. Wikipedia: “Green reviewed hotels and restaurants that did business with African Americans during the time of Jim Crow laws and racial segregation in the United States. He printed 15,000 copies each year. In the 1930s, Green began his work by compiling data on stores in the New York area that accepted black travelers, and published his first guide in 1936. Similar guides had been published for Jewish travelers, who sometimes faced discrimination. Green's guide was so popular that he immediately began to expand its coverage the next year to other US destinations, adding hotel and restaurants as well.”
Smith, an extreme racist, was so rabid that MacGregor was supporting the Civil Rights Bill, he followed him off the House floor to make this statement. MacGregor jokingly told Smith that he was wrong. He had 17 Negroes in his District.
There are few people today who could believe that a United States senator would castigate the head of a Federal Agency for spreading “racial equality propaganda.” But at the time—1943—the actions of Education Commissioner John W. Studebaker and his Assistant took remarkable courage.
The case was Shelley v. Kraemer where the Supreme Court outlawed discriminatory restrictive covenants A restrictive covenant was a condition that was written into the deed on a piece of property. Even if the owner of the home did not want to discriminate, the previous owners who wrote the restrictive covenant into the deed (or his relatives and heirs) could sue and invalidate the sale. In many cases, insurance would not sell title insurance or banks would not give mortgages for a Black or a Jew where there was a covenant in the deed, even if the covenant was more than 100 years old. Homeowner associations would also enforce the covenants which were originally written into all the deeds of the development. Once the supreme court ruled that restrictive covenants were unconstitutional, no court would enforce any of these lawsuits. It was one of the fastest steps forward in the history of Civil Rights since the day after the court decision racists could no longer enforce the covenants that were in tens of millions of deeds in America.
In the 1930s African Americans who traveled were subject to countless humiliations whenever the sought hotels, rooming houses, restaurants and other accommodations. Gas stations would not allow them to use bathrooms and they were reduced to using open fields. Traveling and vacationing was, for Blacks, humiliating. Wikipedia: “Green reviewed hotels and restaurants that did business with African Americans during the time of Jim Crow laws and racial segregation in the United States. He printed 15,000 copies each year. In the 1930s, Green began his work by compiling data on stores in the New York area that accepted black travelers, and published his first guide in 1936. Similar guides had been published for Jewish travelers, who sometimes faced discrimination. Green's guide was so popular that he immediately began to expand its coverage the next year to other US destinations, adding hotel and restaurants as well.”
The power structure of England and the English administrators of South Africa were strong advocates of racial equality at the beginning of the 19th century. They insisted on equal administration of law. However the Boer white population could think of nothing more absurd. In a sense the Boers were much like the Southern Whites at the same time. The South African government however could not enforce its equality policies in the rural area – the majority of South Africa at the time. When democracy and self rule came to South Africa, the racially moderating force of the English was minimized and the majority of South Africans wanted a racially segregated society. Apartheid resulted.
This was the first major civil rights speech. He had previously in his political career tread carefully in the civil rights arena. The Southerners had disproportionate control over the Congressional committee chairmanships and they could hold up his entire legislative agenda. JFK’s father was a right wing fascist who supported Hitler earlier and always advised against pushing civil rights.
What was to become the 14th Amendment was being discussed. Several of the most radical Republicans drafted language that would allow Congress to make any law regarding life, liberty or property, so that they could be sure that the States would not make their laws in a discriminatory manner. However, Hotchkiss and the majority wanted to be sure the laws were not discriminatory but they didn’t want Congress to have the power to make any law regarding life, liberty and property for every state. The current version of the 14th Amendment just prohibited discrimination in laws, not empowering the Federal Government to override the state governments in most important areas.
- Born: May 18, 1888
- Died: March 21, 1954
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Samuel Shellabarger was an American educator and author of both scholarly works and best-selling historical novels.
