CLEP U.S. History I 105: Black Codes and the Civil Rights Act of 1866

The Civil Rights Act of 1866 used the exact citizenship formula “all persons born in the United States and not subject to any foreign power, excluding Indians not taxed.” It then declared those persons citizens, without regard to race, color, or previous slavery. “Indians not taxed” was the statute’s historical legal phrase, not a statement that Native people generally lacked political identity. Congressional debate connected it to people maintaining tribal political relations and treated some Native individuals outside those relations differently. Native nations possessed their own citizenship and treaty relationships with the United States. General U.S. citizenship for all Native people did not arrive through this act. The Indian Citizenship Act of 1924 later extended U.S. citizenship broadly without terminating tribal citizenship.

The act protected an enumerated set of civil rights on the same basis as white citizens: making and enforcing contracts. Suing, being parties, and giving evidence. And inheriting, purchasing, leasing, selling, holding, and conveying property. It also promised equal benefit of laws for security of person and property and equal punishment. The statute did not itself guarantee voting or officeholding. Congress passed it over Johnson’s veto, then pursued the Fourteenth Amendment because constitutional text would be harder for a future Congress to repeal and could establish a firmer basis for federal protection against state denial.

A focused video lesson

Heimler's History traces the people and chronology behind this lesson. Listen for the evidence that sharpens the written account, then try the questions below.

Video: RECONSTRUCTION [APUSH Review Unit 5 Topic 10] Period 5: 1844-1877, Heimler's History.