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THE CIVIL RIGHTS MOVEMENT is founded on the belief that equality should be available to all Americans regardless of race. While the modern civil rights movement is most closely associated with the 1950s and 1960s, its foundations were laid in the late 17th century. By the 18th century, opposition to slavery was widespread. When Thomas Jefferson wrote the Declaration of Independence in 1776, he included an antislavery provision but was forced to remove it in order to win southern support for independence. In 1787, during the writing of the Constitution, Gouvenor Morris attempted to constitutionally abolish slavery. Again, the southern states refused to agree.

By the 19th century, opponents of slavery banded together in various antislavery societies. William Lloyd Garrison, the founder of the American Antislavery Association, brought national attention to the abolitionist movement in his newspaper, The Liberator. Frederick Douglass and Sojourner Truth, both former slaves, became eloquent spokespersons for abolition. In 1839, the publication of Theodore Weld's American Slavery as It Is: Testimony of a Thousand Witnesses brought the horrors of slavery to life as nothing had done before. Inspired by Weld's book, in 1851 Harriet Beecher Stowe published Uncle Tom's Cabin, a fictional account of slavery, which further galvanized the abolitionist movement.

Some slaves turned to the courts for assistance. For instance, a slave named Dred Scott argued that he should be declared legally free because he had traveled to the free state of Illinois with his owner. In 1857, in Dred Scott v. Sanford(60 U.S.393), the Supreme Court held that because Scott was “chattel,” he was not a citizen and had no right to sue. The case was also important because the court determined that the Missouri Compromise of 1820, which had sought to maintain a balance between free and slave states, was unconstitutional.

Civil War and Reconstruction

In 1860, Republican Abraham Lincoln was elected president. In his inaugural address, Lincoln attempted to avert war by declaring: “In your hands, my dissatisfied fellow countrymen, and not in mine, is the momentous issue of civil war. The government will not assail you. You have no oath registered in Heaven to destroy the government, while I shall have the most solemn one to preserve, protect and defend it.” Lincoln was not an abolitionist, but he believed that slavery was a threat to the Union. Angered by Lincoln's election, the Civil War began when South Carolinians fired on Fort Sumter, on April 12, 1861. The following year, Lincoln issued the Emancipation Proclamation, freeing slaves in the seceded states. Four years later, the Thirteenth Amendment abolished slavery in the rest of the United States.

In April 1865, President Lincoln was assassinated, plunging the country into chaos. Vice President Andrew Johnson, a Democrat with southern sympathies, was neither strong nor wise enough to lead the nation through reunification. The election of General Ulysses S. Grant in 1868 reenergized Reconstruction, but it heightened tensions in the South where Grant was hated for his participation in the war.

After the Supreme Court overturned the Civil Rights Act of 1866, Congress made the passage of the Fourteenth and Fifteenth Amendments requirements for Southern redemption. The Fourteenth Amendment (1868) established rights of citizenship, while the Fifteenth Amendment (1870) granted suffrage to black males. The compromise election of Rutherford B. Hayes in 1876 brought Reconstruction to an abrupt end, and the Fourteenth and Fifteenth Amendments were virtually useless for the next five decades. In 1896, in Plessy v. Ferguson (163 U.S. 537), with only a single dissenting vote, the Supreme Court upheld the separate but equal doctrine that had become prevalent in the South.

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