Civil Rights Act of 1875
Encyclopedia
The Civil Rights Act of 1875 was a United States federal law proposed by Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 Charles Sumner
Charles Sumner
Charles Sumner was an American politician and senator from Massachusetts. An academic lawyer and a powerful orator, Sumner was the leader of the antislavery forces in Massachusetts and a leader of the Radical Republicans in the United States Senate during the American Civil War and Reconstruction,...

 and Representative
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...

 Benjamin F. Butler
Benjamin Franklin Butler (politician)
Benjamin Franklin Butler was an American lawyer and politician who represented Massachusetts in the United States House of Representatives and later served as the 33rd Governor of Massachusetts....

 (both Republicans
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...

) in 1870. The act was passed by Congress in February, 1875 and signed by President Grant on March 1, 1875.

The Act guaranteed that everyone, regardless of race, color, or previous condition of servitude, was entitled to the same treatment in "public accommodations" (i.e. inns, public conveyances on land or water, theaters, and other places of public amusement). If found guilty, the lawbreaker could face a penalty anywhere from $500 to $1,000 and/or 30 days to 1 year in prison.

However, the law was rarely enforced, especially after the 1876 presidential election
United States presidential election, 1876
The United States presidential election of 1876 was one of the most disputed and controversial presidential elections in American history. Samuel J. Tilden of New York outpolled Ohio's Rutherford B. Hayes in the popular vote, and had 184 electoral votes to Hayes's 165, with 20 votes uncounted...

 and withdrawal of federal troops from the South. Finally, in the 1883 Civil Rights Cases
Civil Rights Cases
The Civil Rights Cases, 109 U.S. 3 , were a group of five similar cases consolidated into one issue for the United States Supreme Court to review...

, the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 declared the act unconstitutional on the basis that although the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...

 prohibits discrimination by the state, it does not give the state the power to prohibit discrimination by private individuals.

Many of the 1875 Act's provisions were later enacted in the Civil Rights Act of 1964
Civil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...

 and the Fair Housing Act, this time using the federal power to regulate interstate commerce.

Original text

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