and carried into another…. It is quite clear that it not only has failed to operate to protect personal rights, but has operated almost wholly for the protection of the property rights of corporations. (Pages 47, 49.)

The Fourteenth Amendment attempted, (1) to establish the fact of citizenship in the United States as well as in the States; (2) to prevent States from taking away the privileges or immunities belonging to national citizenship; (3) to reaffirm the already stated rights ot the citizens in the law of the land, and to equality before the law. (See Constitution of the U.S. III, ii, 3 and Amendments V and VI.) It does not, however, define “privileges and immunities” nor does it enforce the provisions of the Bill of Rights.

In Maxwell versus Dow (176 United States Reports 581) the court emphasized the doctrine that the adoption of the fourteenth amendment had not had the effect of making all the provisions contained in the first eight amendments operative in the State courts … on the ground that the fundamental rights protected by these amendments are, by virtue of the fourteenth amendment to be regarded as privileges or immunities of the citizens of the United States.¹⁵

On the whole the Civil War amendments did not have an appreciable effect on the general principle of civil liberty under the Constitution. Let us turn then to the Negro after tie Civil War.

THE NEGRO UNDER RECONSTRUCTION

The freedom declared in the Emancipation Proclamation had no effect on the status of the Negro in the South until the rebellion was defeated. Then on December 18, 1865, the thirteenth amendment was added to the Constitution. The new state constitutions adopted in the South during the next five years, mostly under some sort of Northern influence, also prohibited slavery. For example the Georgia constitutions of 1865 (article I, section 20) and of 1868 declared