Everyday Use: A History of Civil Rights in Black Churches

On September 28, 1867, trustees of a fast-growing church went to the main civil court of the nation's capital and sued their pastor. Speaking on behalf of the congregation, they charged that Albert Bouldin was treating Third Colored Baptist Church as his personal property. He had mixed his own savings with monies from the collection plate, they said, and then had the deed to their new building recorded in his own name. And when some of the trustees had objected, he had expelled them, along with two hundred members, arbitrarily and without a church trial, and then he had “gone to Law with his Brethren”—sued in a secular court. Bouldin said it was all the trustees' and deacons' fault: they “drove us out of the church … broke open the windows,” and took away the keys. The trustees asked the judge for possession of the church property, to appoint an outside auditor to go over the books, and for an injunction that would bar Bouldin from interfering any more. Bouldin vehemently refused even to talk about stepping down: he said he had been “heare Preaching when they came” and had mortgaged “his own personal property to build the church.” The case eventually went up to the Supreme Court.1 In Bouldin v. Alexander (1872), the Court had to decide whether it could decide: That is, what kinds of church disputes a secular court could settle without violating the establishment clause of the First Amendment. Everyone knew that church members had rights, but were they the kind a secular court could enforce? The Court's decision set an important and lasting precedent in American law, extending and modifying a principle it had laid down just a few months earlier in a case involving white Presbyterians: that majorities in congregational churches had certain rights that a court could protect, such as contract, property, and certain kinds of due process. These were “temporalities,” or, as the Georgia Supreme Court had recently put it in another case involving a Black church, their “civil rights.”2 What are civil rights? Today, most people would probably define civil rights as protection from discrimination on the basis of race, color, religion, or sex, as defined by federal statutes and the Constitution.3 This definition is not new, but its dominance of our scholarly and popular imagination is an artifact of a very long history. When the term came into common usage in the 1850s, it meant roughly what the Court referred to in Bouldin: the rights of property, contract, and the right to sue and testify in a court—to “go to Law.” These rights were defined in the states, in thousands of statutes and accumulated court decisions, not in federal law. They were explicitly racial: civil rights were the rights of free people, the rights that enslaved people lacked and that free Black people could never count on. And thus they were experienced not just in court but in the everyday. The Civil Rights Act of 1866 repudiated the antebellum tradition of racialized rights but not the rights themselves. Rather than tear down and rebuild those thousands of state common-law rules about property and contract from scratch, Congress to bar from those rights to on of race, and then not out the of Black when Supreme Court the of in of civil Black people were in the and state were of a with that what “civil meant from the the most Black people most of the civil rights had to with discrimination or few had those Civil rights of contract, property, and a or or a deed or to that a court could was civil rights, it than just the of the of and Civil rights were rights of This long tradition of Black and it some of the of the of civil That Black to the that in the the of and federal law. the a about and to what when talk about civil of with long civil rights that the the v. of decision in and the Civil Rights and Rights Act were the of a for and on the away from the for the of Colored and the Supreme and a to as a of or it as or even to the of that civil rights the of the and the on law. when the federal to the term civil rights as a to the of the term from American than from Black the long it and for what they knew to a for In the or it is and their of Black federal and a the the and they an that state and as of than as of or were to go to the court to that they were to go to the for And even as a of into the the on federal law, and a of that from civil rights as a of to the principle with the rights that even in the their that the of civil rights is the to the of the of and their to the of to those of rights in or than been to Black people for or or than to over or a deed of of a and Black people the of it Black people are as they knew about In by the of Black people had been and about rights in is just that the rights they the most had to with federal or This is of a that the of “civil the to and Black long with and The of that the of of that and the its long the certain than And its the of contract and of as as it in the of the Black the about rights were in their with two important that of in the and the and of to the of The tradition on civil rights, were rights of in with another common and civil rights of property, contract, and were as of law, defined by the states, and to Black people from of and common-law civil they the that would their Black churches the common-law rights to from those of and to set on when could in church extending and a set by white church The over rights the of a of and in property law, and court the when and Black people from of American were the civil rights of the to they civil rights in that a court could was a church such as Third Colored was a of property, recorded in the and a set from the of the And any state had common-law rights, on or or to the in about the rights of church members, were the as some Black churches and property, and as Black that had been in the from Black church Black to This with a of two and about the Black churches in the for American the of when it came to the of their own are to of churches as an for could not in the was Black people “gone to when they they could not in their they had to their were personal and “temporalities,” the that secular as civil to and the the and the civil not the of religion, it the of civil rights, it the of The about whether and to civil rights out of a of about what rights in their a church was a state for a a as or a the of a Black people to civil rights of property and contract a that The for was that church members had to those civil rights away from the and in a by the members, and church property in for the of the That of a that state would a in church and it and church by the in when and Black members of the Baptist went to the and recorded their as of two along the of a Colored Baptist Church to they important rights and on behalf of their rights of property and to sue and sued as a than That is, a church and it was an of civil rights that to to white the of those rights the church, the of the church and not law, common-law civil rights and their with white Church such as Bouldin were just of an of Black The Civil Rights Act of 1866 in of the rights and to and to and … went about their they had to about state common-law rules and with such as and of that was their of civil rights in and extending a of Black court usage In of in and Black people of the civil in of in and in of those were Black people, that in Black people for all kinds of They sued for They sued over and They out to from white them, from their property, and to up a They their civil rights in They on their out … and and they and This from Baptist Church in The church was in by Black members of a Baptist church in the in This from Baptist Church in The church was in by Black members of a Baptist church in the in the of to build or to church and went to court when or They asked for to or church property, and to of Black to churches in the and in just down the from to the church of their and to even some of and new In from the the a when the of protection and due state civil rights of property, contract, and as and for the of their This the of the of by This the of the of by They and church about rights, churches a of to of and the the church to and for a new or the deed of to for as church put it in the had is church recorded in their a deed of in the to the church and it not about and to trustees on to such an on the of the Church and the Civil by a Black and are in and Baptist Church in and their and their to the church, even as of away and and are in and Baptist Church in and their and their to the church, even as of away and Black not about of the but about the and rights of Baptist churches to in the of the members were the church and they as of and church to Baptist by by or by a of in the of that deed of from the and of the church were was with of and to the civil rights of property and contract, and church members with in their outside was an of of in the collection was a into to by right of the in been by the of was a and the a by the the were the that of our in were than they were that Black people with all the that property of the church as it the collection And members in the to in that their to their church on not just their in They for but for when and and his and First Baptist Church of they their its from to his in in in to church some and to our members to the and in the about that his about in the church to In the of Black the Civil was an of law, a that people to of property and civil of that were to the as for and even as in themselves. thus about Black as put it in their rights what kinds of rights was to sue white some church members was the of when the from white was Black churches the for a about the of in Black that had to with the or and that the common of Black churches as a from white in the and that Black people in their with to and they of it in their with The it in First they it was for to to … of their the for to to the an in were to settle their disputes church from to church with a And churches expelled members for to Law with as by in Black people were that they about their civil rights of property and Black court usage Black for as they the to and could not decide what to about of our to go into the was not … from an to another or to or on another or another knew that of the churches had been in the of a and by was it right to sue white for Church but to sue Black for not their And what a a for a church as Georgia in v. In a that set up as of their court as could to and up had to some kind of in that us to the Civil when Black free from white to down rules of for their In church had that members could go to court they were and could sue another over or The they had their to our is on of And over the they had those and from to to whether to count as of the of the Church a of The congregational a to a and for church.” In from the of the and members of Black had to what that in secular and in church their as from and of the to the of Black church by the to that by when secular was and to church members without to court. is that Black people about their rights their The some had to that about rights by a the and the in the as over the state had rules for what could in church without violating they had refused to involving from civil were not to had to and to their own to The had in v. case involving white and Bouldin v. Alexander (1872), when the Supreme Court to those into a The Court that to the decision its own rules or This as free to their to the state that And the Court had to not court could to members of the the Court had in Bouldin expelled his and his but a court could the own rules to decide the … was the of the or the when went to the had the of in churches such as of the members were but all the church were And state were not by or in church to majorities from property a and it to a of court had not the to the to the the and its and to the of civil rights, a that was just then into had out two for Black to the churches of In such as the and property was in for the it had in the that could of church property in the of such as the they had for those out of their were not about to The Black with the the Georgia court said in they to and all to the They not “civil to those church the of their in the In had Black of their rights by out of the Black civil rights had a to in a congregational such as the church, not the its property. And Bouldin said that when a Baptist church the of the members was the long as they could the judge that to the and to the a court would the to church property as a civil Black people had civil rights state that even the Bouldin white over congregational churches the white members, had never about two to by or about from their in Black people as members and recorded a new deed to the church, with an it to and of the … white members Black people had to the to their of the the of property to … into the of church and secular for their own had for when the of in a such as a church, civil rights, a judge could in and a judge to meant that and not were the of the This the in Baptist Church The for from in than any from a white that of the of This the in Baptist Church The for from in than any from a white that of the of could a court that When was a Baptist not a said was a and had to … of to the church In the a Black a of from that the of the Church of in and the of two the Baptist eventually the of the of Law that as the that had in the into the it came and as a over of When churches and over the and the property to the they the on than their own These property in the of In v. for of Black the Supreme Court of two in a church were the the into for what was a The was and the of Black not of a white for but Black to The of to in and for members, in their outside church, civil rights of property, contract, and to sue but church were in by in the as Baptist had its In the and and Black to that In the and and in church over the of such as in churches a right to not and churches of their In Black Baptist they a of rights the that had a to go into any of their that was a about and rights in Black The all church members, not just but it that in churches the civil rights of common in with the of in an In the church to church majorities by just as such as Bouldin and had in the and and Baptist Church in that the for been the church to out or for its First Church put it in were the of all the to the the that church when they those from the of statutes and property to church “civil to with a of the to the to their about was a that church was to the rights of church members, as Black the was in property and contract law. by those in property and contract law, a set of that and common-law rights into new for church a of to an of discrimination and law, an they as “civil such as and had long the rules of property, contract, and the of his had put to in by the those civil rights in that to than On of the of and the churches had to with of the Civil Rights Church to to to the churches and and the of Black them, the to out of court was to The in some to the tradition of the and to the and on from to to and the in and as the members to those property rights in the And that meant away from the some had been Black and their that to in the of or, to put it was the of church and the civil rights of two of church were that up than the members and that they an of the And it was they had civil rights of property and contract that could up those collection the but it was had … on the that that had the to it and it on the rights in their that without is in Church and the some were to that such as in the were just a church.” rights in church to what they for the what rights? Rights to church property, and were the rights a court would protect, were all to church by And the those they to what the in the when Baptist and churches put in church of an over church and the it the a Bouldin had a for the and of the as church or of church in church In when was expelled by a from the new church, First Baptist the that that Bouldin had said that would the civil rights of the as long as they the the was an in Baptist but as church the the were the church, In the and and the of rights in that the was in that by church to the and due a court of federal judge in the that over the of an the of the First the judge churches were of were to by their and but what were to asked an their as he were law, not the the case for had a that the of and personal And in some were to their than white to Black was to out … by or the the church and to the of church into civil rights, in a court of law. In expelled than hundred people had out of the of his sued to rights as of their and their in a the And they had even in of the of would to First Baptist took the a that his a and that his was a to for people as to of our of what is civil to the Supreme Court in that was … and to than … or … and he had to a … or was expelled its Everyone knew that members had their but were those civil rights? protection to church as a of property or an could about the rights of in of few were to go that had been protection the “civil and Black church to a of to to they about church that church was a or “civil And had in church were the out the of due it to that would not due in church church was to church then rights meant when and were the the term civil rights into for the just when a new of secular was to define and Black “civil as in the and in and and church that were to defined outside the of the to church The of rights out in but as as in a of most Black and over the of the Baptist the that Black Baptist their was over whether the the its the for was a of the that had church the right to the to its books, and to in its The over from own and from the the Civil about rights Black of had long been the in a of an to and the into basis for the Civil Rights the in the with a and They a to an of the and a than the of a by a of They the with of Black some of from in v. of the two with court to the and the of a The the in but the in when an the and broke his In the was and he for the and his from all the were in he to members from of to court he had the to an down in as a Baptist the and the Black on the of the Black was not a He had a in to Black a in his in the when Black people had common-law civil rights was and without for right to The Supreme Court about the civil was of … not from open from the that And was of the of civil than the of and such in common-law civil rights? in his and that of his in the Baptist they had been to the of property, contract, and the of he into a in Black had the his with about from and court as to the on in had been to on of … the and by its of and its to its … state and of and secular rules a about what would in church and to the that Bouldin to that of the the church the to our the trustees sued Albert Bouldin in 1867, the of a to for to the an he the into a of Baptist those that not to but to their in common-law civil rights from even in had of and white He his of from an the a of This probably in a in what he the of a that some kinds of could for Black or was not in that Black civil the in when he was a of the civil for and had Black in property and the of would been as he into the Black of the building and were to the of the would the own had in … a free and on In when of over the of and he was a in the of law, that had the and that Black and Black and that the for to and was to common-law civil the he to civil rights not the of secular court could the that the members his what was up in from the to the of a church, and of rights not Baptist in was to the is to and was a church and a and that their with a over was the as a were On his as September from his and from most recently a to of the church, it his and from members not he that from the to the and long as the was not a he had to and as the the and of the church was a the kind of that had but in case it in to the of in the civil rights statutes of the his about as as any to to the building by its with its and with its And it had had its of over the In for could not its and a by the the had to court to out another for his that could judge in an on Baptist When took the in he was stepping into a very over rights in and the of in those when he for injunction … to and some he was to the an of the civil rights that as to a civil rights the that and of Black were most with was in church that or of that the on the that is not on or that the had in … that had right to This is what most church were and was of In v. members sue to their from of a church a of in church and the such church that of his had an and that had sue out an injunction for members of their right to and to the property. had up to the Georgia Supreme Court for from Black and white a judge to their from church the of the civil rights he a of law, that not on the of and but on his of a church was by he in just as as the Civil Rights Act federal to any that by race, of would from the church members to the And it very that the to his talk about civil rights in that with an even of the than he had in He the of Baptist he had been to with his in to and out of but out of the and from And to to it from about not with when but The of is up in and when to to it all over And to those that are in was that was to in for churches had been or members in the of had not been to that had not their those that are in not in the And those with church had the to their into the of civil rights, the rights a secular court would his church was on the of the for and in his own in his to of from the it and the Black church civil rights not to is for his the tradition in with his been by his as the of a for over common-law rights and and over the of in churches long Black had of with into the members of to their of or to sue their church or to members And the up for the went popular in the on the a when they said in an was with the meant had said a to in This was to church members such as and people common-law civil rights and all the in their own on the of in were to in and put their church on the just as they had their recorded on the church just as they their to when When a of the when he the in and the of and as to American was to he was an tradition in Black in of property, contract, and and it These were than They were civil rights, but into church people knew they had to their most they from a is the his church in The for American The of is the his church in The for American The of church in the of “civil they could not what members with in the about as a their they another to up and to their is on members said, to a and their were church.” In a church was on the deed to the church the in the common-law rights of a the of church to open the for rights by that had put in the church than is about Black people with to had a charged of “civil as some it for their about church the on a to the had just pastor. all to to in that that could for our and church members, had to and a to to for to the they When Black church members to what could as they just as as such as the of the of their the on could a people for and then a on the could for the rights of church And such could the church any