February 2026

The First Civil Rights Act (the Civil Rights Act of 1866) was a landmark piece of legislation intended to protect the rights of formerly enslaved people following the American Civil War. It was the first time Congress bypassed a presidential veto to pass a major law, asserting that all people born in the U.S. were citizens, regardless of race.

The Civil Rights Act of 1866

The Act was designed to provide a legal foundation for the 13th Amendment. Its primary goals were:

 * Granting Citizenship: It declared that all people born in the United States were citizens.

 * Legal Equality: It guaranteed the right to make and enforce contracts, sue, give evidence in court, and inherit, purchase, or lease property.

 * Federal Protection: It authorized federal officials to prosecute those who violated these rights.

However, because there were concerns that the Act might be unconstitutional or easily repealed by a future Congress, its principles were essentially "baked" into the Constitution via the 14th Amendment in 1868.

How the Supreme Court Circumvented It

While the law was robust on paper, the Supreme Court systematically gutted its power through several key rulings. The court moved toward a narrow interpretation of the 14th Amendment, effectively handing control of civil rights back to the states—many of which were hostile to the new laws.

1. The Slaughter-House Cases (1873)

This was the first major blow. The Court ruled that the 14th Amendment’s "privileges or immunities" clause only protected a very narrow set of federal rights (like traveling on the high seas), not the broad civil rights granted by states. This effectively told Black citizens that the federal government wouldn't protect them from state-level discrimination.

2. United States v. Cruikshank (1876)

Following the Colfax Massacre, where a white mob murdered over 100 Black men, the Court ruled that the 14th Amendment only applied to state actions, not the actions of private individuals. This meant if a private mob or a paramilitary group violated someone's rights, the federal government had no authority to intervene under the Civil Rights Act.

3. The Civil Rights Cases (1883)

This is perhaps the most direct circumvention. The Court declared parts of the later Civil Rights Act of 1875 unconstitutional. They argued that the 14th Amendment didn't give Congress the power to prohibit discrimination by private businesses (like hotels, theaters, or transit).

"Individual invasion of individual rights is not the subject-matter of the amendment." 

— Justice Joseph P. Bradley

The Result: The Rise of Jim Crow

By narrowing the scope of the Civil Rights Act and the 14th Amendment, the Supreme Court created a legal "green light" for Southern states to implement Jim Crow laws. These rulings established the following status quo:

 * The federal government could not stop private citizens from practicing segregation.

 * States could bypass equality requirements through "Separate but Equal" (later formalized in Plessy v. Ferguson).

 * Federal civil rights protections remained largely toothless for the next 80 years.

Would you like me to dive deeper into the specific arguments used in the Cruikshank case, or perhaps explore the 1964 Act that eventually corrected these gaps?

Fanny Cochrane Smith (1834–1905) was a remarkable Aboriginal Tasmanian (Palawa) woman whose life and voice became the cornerstone for the survival of Tasmanian Aboriginal culture.

She is most famous for being the first Aboriginal person to have their voice recorded, providing the only known audio record of any original Tasmanian Aboriginal language.

🎙️ The Voice of a Culture

Between 1899 and 1903, Fanny recorded several songs and speech samples on wax cylinders at the Royal Society of Tasmania. These recordings are of immense historical value because:

• The Only Records: They are the only surviving audio recordings of traditional Tasmanian Aboriginal languages and songs.

• UNESCO Recognition: In 2017, these recordings were added to the UNESCO Australian Memory of the World Register.

• Language Reclamation: Today, her voice is a primary source for the palawa kani language retrieval program, helping the modern Tasmanian Aboriginal community reclaim their linguistic heritage.

📜 A Life of Resilience

Fanny’s life was a bridge between the traditional world of her ancestors and the colonial society of the 19th century.

• Early Life: Born at the Wybalenna settlement on Flinders Island, she was the first child born at the mission. She grew up hearing the various languages and stories of the different Tasmanian tribes gathered there.

• Cultural Guardian: Despite being moved into European foster homes and schools, she maintained her cultural practices—hunting, gathering bush medicine, weaving baskets, and making traditional shell necklaces.

• Community Leader: She settled in Nicholls Rivulet, where she became a respected matriarch. A devout Methodist, she was known for her hospitality and even donated her own land to build a local church.

🏛️ The "Last Tasmanian" Controversy

Following the death of Truganini in 1876, the colonial government and many scientists of the time declared Truganini the "last" Tasmanian Aborigine. Fanny strongly disputed this, asserting her own identity and heritage.

Note: Today, the idea of an "extinct" race is recognized as a myth used to justify colonization. Fanny’s 11 children ensured the continuation of her lineage, and thousands of Palawa people today proudly trace their ancestry back to her.

Key Facts