Thursday
May 10, 1866
New Orleans daily crescent ([New Orleans, La.]) — Orleans, New Orleans
“Judge Abell Strikes Down the Civil Rights Act: How One New Orleans Ruling Sparked the 14th Amendment”
Art Deco mural for May 10, 1866
Original newspaper scan from May 10, 1866
Original front page — New Orleans daily crescent ([New Orleans, La.]) — Click to enlarge
Full-size newspaper scan
What's on the Front Page

New Orleans wakes up to a landmark constitutional crisis. Judge Abell has rendered a sweeping decision rejecting the federal Civil Rights Act of 1866—one of Reconstruction's most ambitious laws—declaring it unconstitutional and void. The judge argues that Congress lacked authority to pass the bill without the President's signature, and that even if valid, it violates states' rights by intruding on Louisiana's power to regulate its own courts and police matters. This is a direct challenge to federal Reconstruction policy just one year after the Civil War ended. The decision concerns eleven burglary charges against multiple prisoners, both Black and white, who sought to transfer their cases to federal court under the Civil Rights Act's protections. Judge Abell refuses, writing that the law 'appears to be one of those fanatical spasms which seizes the minds of certain individuals.' Meanwhile, the page also advertises the New Orleans, Jackson and Great Northern Railroad, promising New York in just 100 hours—a symbol of the nation's reconnecting infrastructure—and promotes investment in the Louisiana Coal, Oil and Petroleum Company, eyeing western expansion and petrochemical development.

Why It Matters

This decision captures Reconstruction at a critical flashpoint. The Civil Rights Act of 1866 was Congress's first major assertion of federal power over state courts and police matters—a revolutionary claim that Black citizens had rights the states couldn't deny. Judge Abell's rejection of it on constitutional grounds reflects the bitter constitutional battles raging between President Johnson and the Republican Congress over Reconstruction's scope. By May 1866, Johnson had already vetoed the Civil Rights Bill; Congress overrode him—one of the first veto overrides in American history—but many Southern judges like Abell refused to acknowledge its validity. This decision would become a flashpoint in the struggle that led to the 14th Amendment just months later, which constitutionalized the rights the Civil Rights Act claimed to protect.

Hidden Gems
  • The railroad ad claims to reach New York from New Orleans in 100 hours 'via New Orleans, Jackson and Great Northern Railroad'—suggesting that just a year after Appomattox, Southern rail lines were being rebuilt and reconnected to Northern networks at remarkable speed.
  • Judge Abell compares federal and state powers to celestial bodies: 'like the sun in the firmament, is the center of power and attraction to the family of States. They, too, in their sphere are as independent as the stars or the sun'—a poetic defense of states' rights that reveals how Southerners philosophically justified resistance to federal authority.
  • The Louisiana Coal, Oil and Petroleum Company prospectus advertises leases for oil wells in Calcasieu Parish, seeking $100,000 in capital—early evidence of Louisiana's petroleum boom, which would transform the state's economy within decades.
  • The caution column warns against counterfeit 'Magnolia Whiskey' brands, with T.S. Smith and N. Pike claiming to be the sole legitimate agents in New Orleans—suggesting both a thriving local liquor business and the problem of trademark counterfeiting in the 1860s.
  • The printing establishment at No. 94 Camp Street advertises the ability to produce 'steamboat bills,' 'dray receipts,' and 'bank checks'—evidence of New Orleans's continued role as a commercial hub despite the war's devastation.
Fun Facts
  • Judge Abell's invocation of the Constitution's Tenth Amendment—'The powers not delegated to the United States by the Constitution...are reserved to the States'—would echo through American law for the next 150+ years, becoming the centerpiece of 20th-century battles over civil rights, healthcare, and federal power.
  • The Civil Rights Act that Judge Abell rejected would be superseded just three months later when Congress drafted the 14th Amendment, which constitutionally guaranteed the same protections Abell said Congress lacked power to grant—a direct response to rulings like this one.
  • The railroad advertisement's promise of 100-hour service to New York reflects the astonishing post-war expansion: by 1866, transcontinental rail was becoming competitive, yet New Orleans still took four days to reach the Northeast—a journey that would be cut to 24 hours by the 1890s.
  • This case—State of Louisiana v. E. Dowers and others—would become a touchstone in constitutional law, cited decades later by opponents of federal civil rights enforcement, showing how a single New Orleans courtroom decision rippled through American jurisprudence.
  • The petroleum company prospectus reveals that as Reconstruction struggled over freed slaves' rights, capitalists were already positioning Louisiana as an energy frontier—by 1901, Spindletop would blow in Texas, and Louisiana's oil fields would boom, making energy politics inseparable from the region's future.
Contentious Reconstruction Civil Rights Politics Federal Politics State Crime Trial Legislation
May 9, 1866 May 11, 1866

Also on May 10

1836
Virginia's 'All-Luck' Lottery Agent Promises $100,000 Prizes (and a Medical...
Richmond enquirer (Richmond, Va.)
1846
1846: One Man's Savage Defense of John Tyler—Plus: Why Chinese Doctors Cured...
Sunday dispatch (New York [N.Y.])
1856
May 1856: Washington Life Continues While the Nation Burns—Steamships,...
The daily union (Washington [D.C.])
1861
May 1861: When Evansville's Business Page Mattered More Than the War
The Evansville daily journal (Evansville, Ia. [i.e. Ind.])
1862
Summer Vacation or Deadly Service? How the Union Sold the Civil War to Young...
The sun (New York [N.Y.])
1863
A Prizefighter's Unwashed Hands & a Haunted House for Sale: What 1863 New York...
Sunday dispatch (New York [N.Y.])
1864
General Banks Wept on the Battlefield: Inside the Civil War's Worst Military...
Worcester daily spy (Worcester [Mass.])
1876
The Day America Bought Laughing Gas & Cheap Oysters: Augusta's May 1876
Daily Kennebec journal (Augusta, Me.)
1886
Diplomatic Apologies, Anarchist Fears & a Savannah General Headed to Vienna:...
Savannah morning news (Savannah)
1896
Cecil Rhodes Walks Free—And Britain's Conscience Walks With Him (May 10, 1896)
The sun (New York [N.Y.])
1906
1906: When Polish immigrants went from 'drunkards' to patriots in American eyes
Zgoda : Wydanie dla mężczyzn (Chicago, Ill.)
1926
'Cat Eye Annie' Tunnels to Freedom While Mayor Fires Entire Police Board
New Britain herald (New Britain, Conn.)
1927
May 10, 1927: When Tornadoes Killed 230 Across America & a Woman Faced the...
New Britain herald (New Britain, Conn.)
View all 13 years →

Wake Up to History

Every morning: one front page from exactly 100 years ago, with context, hidden gems, and an original Art Deco mural. Free.

Subscribe Free