Chapter XXV: The fight for our rights
The 14/15 amendments from OTL have meshed into one as Thaddeus Stevens wanted, seeing the issue of citizenship naturally linked to political rights. This was due to his worry that not passing everything in one amendment could lead to people abandoning the fight, and as such leading to a disadvantage for the recently freed slaves.
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As the war had ended, and all slaves were liberated as soon as the Union touched whichever Confederate land they were being held in, it was clear that the South, nor the Copperhead Democrats would seek to re-establish the peculiar institution in all but name. Due to this, it was clear that Republicans would have to move past the mere abolition of slavery, but outright enshrine at the very least the most basic of civil rights in the Constitution so as to protect the gains made by the Emancipation Proclamation and the fifteenth amendment which ended slavery across the union.
With this being clear, two different yet linked approaches were needed to protect freedmen's rights, these being congressional law and constitutional amendment. As constitutional amendments are incredibly complex to deal with, the law was seen as the main tool to ensure civil rights for freedmen as Congress (and later the states) negotiated on the specifics of said amendment,
As railroads and territorial reorganizations were simple strokes of pens that were quickly lost in the excitement regarding the beginning of Reconstruction. This excitement was due to Grant's and especially Butler's Radical credentials; though there was also great impatience due to the thirteenth amendment having freed the slaves over a year ago, yet action had not yet been taken to protect African-American rights. With this in mind, the language for the Civil Rights Act of 1866 would state:
Sec. 1. That all persons born in the United States and not subject to any foreign power, are hereby declared to be citizens of the United States. That there shall be no discrimination in civil rights or immunities among the inhabitants of any State or Territory of the United States on account of race, color, or previous condition of slavery; but the inhabitants of every race and color, without regard to any condition of slavery or involuntary servitude, shall have the same right to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of person and property, and shall be subject to like punishment, pains, and penalties, and to none other, any law, statute, ordinance, regulation, or custom to the contrary notwithstanding.
Sec. 2. And be it further enacted, That any person who, under color of any law, statute, ordinance, regulation, or custom, shall subject, or cause to be subjected, any inhabitant of any State or Territory to the deprivation of any right secured or protected by this act, or to different punishment, pains, or penalties on account of such person having at any time been held in a condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, or by reason of his color or race, than is prescribed for the punishment of white persons, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by fine not exceeding one thousand dollars, or imprisonment not exceeding one year, or both, in the discretion of the court.
The Civil Rights Act having been approved on 2 February 1866, meant a huge expansion of rights across the states, as now all freed slaves were citizens of the United States, and as such could enjoy its benefits in all manners. With this realization, the South would loudly complain that it would have to treat the freedmen as equals if they ever had the hope of rejoining the union. These complaints fed into the Radical Republican argument that the South couldn't be allowed into the Union without being Reconstructed, as they had not yet abandoned their disloyalty towards the Union.
Though comfortable in the knowledge that the Civil Rights Act wouldn't be repealed any time soon as Republicans held supermajorities in both houses, it was still necessary for the constitution to protect those freed by the war.
The fourteenth amendment would hold two separate yet unified goals, these being the granting of citizenship and the protection of voting rights. On this first point, the amendment would state: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
One of the following sections would include language from the 1864 Wade-Davis Bill, stating that Ironclad Oath and an additional constitutional oath be applied. Following this, these limits shall be placed on a number of positions and will of these positions included, the right to vote shall be counted upon the limitations. This was designed to help keep the Confederates from assuming power again.
Following this logic, though the punishment of voter impression will be punished, even if its effectiveness was limited. The major impact here instead was focused upon the right to vote, such stating: "The right to vote shall not be denied or abridged by the United States or by any State on account of race, color, nativity, property, education, or religious beliefs, or previous condition of servitude." Following this, there would be no issue of sex, nor of age, with the right to vote being extended by women, due to great pressure on behalf of the women of DC, and the voting age lowered by a parade of Union child soldiers, patriotic young men who lied about there ages (and for the voting argument, younger than 21) who spoke on the issue of being more than happy to give up their lives for the Union, but not being able to vote.
These arguments passed, the 14th Amendment would be ratified by the required 28 states on February 13, 1867, after the state of Wisconsin ratified the amendment. The first and last ratifications of this amendment were Connecticut and California, these ratifying on June 30, 1866, and May 6, 1959, respectively. (The last ratification before the 20th century was Mississippi on January 17, 1870, this was the final state before California.)
The 14th Amendment being included in the Constitution would lead to an amazing explosion of civil rights, leading to an explosion of African-American officeholding at the state, local, and federal level, as the right to hold office was guaranteed.
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Always feel free to ask questions, pitch in, offer help, suggestions, criticisms, etc. This might not be a 100% collab TL, but I do hope you all feel like you're part of this in your own way, and can see your mark on this TL. Much love, and a special shoutout to @TheRockofChickamauga and my boi Daniel Sickles (who, spoiler alert, is a Senator ITTL [1857-1863] because he's just that cool even if my bias is clearly pro-Republican. Plus, Ira Harris doesn't exactly elicit much confidence in me. Speaking of cool New York Democrats... I'd love to hear yall's thoughts on John Adams Dix).
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As the war had ended, and all slaves were liberated as soon as the Union touched whichever Confederate land they were being held in, it was clear that the South, nor the Copperhead Democrats would seek to re-establish the peculiar institution in all but name. Due to this, it was clear that Republicans would have to move past the mere abolition of slavery, but outright enshrine at the very least the most basic of civil rights in the Constitution so as to protect the gains made by the Emancipation Proclamation and the fifteenth amendment which ended slavery across the union.
With this being clear, two different yet linked approaches were needed to protect freedmen's rights, these being congressional law and constitutional amendment. As constitutional amendments are incredibly complex to deal with, the law was seen as the main tool to ensure civil rights for freedmen as Congress (and later the states) negotiated on the specifics of said amendment,
As railroads and territorial reorganizations were simple strokes of pens that were quickly lost in the excitement regarding the beginning of Reconstruction. This excitement was due to Grant's and especially Butler's Radical credentials; though there was also great impatience due to the thirteenth amendment having freed the slaves over a year ago, yet action had not yet been taken to protect African-American rights. With this in mind, the language for the Civil Rights Act of 1866 would state:
Sec. 1. That all persons born in the United States and not subject to any foreign power, are hereby declared to be citizens of the United States. That there shall be no discrimination in civil rights or immunities among the inhabitants of any State or Territory of the United States on account of race, color, or previous condition of slavery; but the inhabitants of every race and color, without regard to any condition of slavery or involuntary servitude, shall have the same right to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of person and property, and shall be subject to like punishment, pains, and penalties, and to none other, any law, statute, ordinance, regulation, or custom to the contrary notwithstanding.
Sec. 2. And be it further enacted, That any person who, under color of any law, statute, ordinance, regulation, or custom, shall subject, or cause to be subjected, any inhabitant of any State or Territory to the deprivation of any right secured or protected by this act, or to different punishment, pains, or penalties on account of such person having at any time been held in a condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, or by reason of his color or race, than is prescribed for the punishment of white persons, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by fine not exceeding one thousand dollars, or imprisonment not exceeding one year, or both, in the discretion of the court.
The Civil Rights Act having been approved on 2 February 1866, meant a huge expansion of rights across the states, as now all freed slaves were citizens of the United States, and as such could enjoy its benefits in all manners. With this realization, the South would loudly complain that it would have to treat the freedmen as equals if they ever had the hope of rejoining the union. These complaints fed into the Radical Republican argument that the South couldn't be allowed into the Union without being Reconstructed, as they had not yet abandoned their disloyalty towards the Union.
Though comfortable in the knowledge that the Civil Rights Act wouldn't be repealed any time soon as Republicans held supermajorities in both houses, it was still necessary for the constitution to protect those freed by the war.
The fourteenth amendment would hold two separate yet unified goals, these being the granting of citizenship and the protection of voting rights. On this first point, the amendment would state: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
One of the following sections would include language from the 1864 Wade-Davis Bill, stating that Ironclad Oath and an additional constitutional oath be applied. Following this, these limits shall be placed on a number of positions and will of these positions included, the right to vote shall be counted upon the limitations. This was designed to help keep the Confederates from assuming power again.
Following this logic, though the punishment of voter impression will be punished, even if its effectiveness was limited. The major impact here instead was focused upon the right to vote, such stating: "The right to vote shall not be denied or abridged by the United States or by any State on account of race, color, nativity, property, education, or religious beliefs, or previous condition of servitude." Following this, there would be no issue of sex, nor of age, with the right to vote being extended by women, due to great pressure on behalf of the women of DC, and the voting age lowered by a parade of Union child soldiers, patriotic young men who lied about there ages (and for the voting argument, younger than 21) who spoke on the issue of being more than happy to give up their lives for the Union, but not being able to vote.
These arguments passed, the 14th Amendment would be ratified by the required 28 states on February 13, 1867, after the state of Wisconsin ratified the amendment. The first and last ratifications of this amendment were Connecticut and California, these ratifying on June 30, 1866, and May 6, 1959, respectively. (The last ratification before the 20th century was Mississippi on January 17, 1870, this was the final state before California.)
The 14th Amendment being included in the Constitution would lead to an amazing explosion of civil rights, leading to an explosion of African-American officeholding at the state, local, and federal level, as the right to hold office was guaranteed.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Always feel free to ask questions, pitch in, offer help, suggestions, criticisms, etc. This might not be a 100% collab TL, but I do hope you all feel like you're part of this in your own way, and can see your mark on this TL. Much love, and a special shoutout to @TheRockofChickamauga and my boi Daniel Sickles (who, spoiler alert, is a Senator ITTL [1857-1863] because he's just that cool even if my bias is clearly pro-Republican. Plus, Ira Harris doesn't exactly elicit much confidence in me. Speaking of cool New York Democrats... I'd love to hear yall's thoughts on John Adams Dix).
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