The House should remember the great labor which the committee had to perform. They were charged to inquire into the condition of eleven States of great extent of territory. They sought, often in vain, to procure their organic laws and statutes. They took the evidence of every class and condition of witness, from the rebel vice president and the commander-in-chief of their armies down to the humblest freedman. The sub-committees who were charged with that duty—of whom I was not one, and can therefore speak freely—exhibited a degree of patience and diligence which was never excelled. Considering their other duties, the mass of evidence taken may well be considered extraordinary. It must be remembered, also, that three months since, and more, the committee reported and the House adopted a proposed amendment fixing the basis of representation in such way as would surely have secured the enfranchisement of every citizen at no distant period. That, together with the amendment repudiating the rebel debt, which we also passed, would have gone far to curb the rebellious spirit of secession, and to have given to the oppressed race their rights. It went to the other end of the Capitol, and was there mortally wounded in the house of its friends.
After having received the careful examination and approbation of the committee, and having received the united Republican vote of one hundred and twenty Representatives of the people, it was denounced as “utterly reprehensible,” and “unpardonable;” “to be encountered as a public enemy;” “positively endangering the peace of the country, and covering its name with dishonor.” “A wickedness on a larger scale than the crime against Kansas or the fugitive slave law; gross, foul, outrageous; an incredible injustice against the whole African race;” with every other vulgar epithet which polished cultivation could command. It was slaughtered by a puerile and pedantic criticism, by a perversion of philological definition which, if when I taught school a lad who had studied Lindley Murray had assumed, I would have expelled him from the institution as unfit to waste education upon. But it is dead, and unless this (less efficient, I admit) shall pass, its death has postponed the protection of the colored race perhaps for ages. I confess my mortification at its defeat. I grieved especially because it almost closed the door of hope for the amelioration of the condition of the freedmen. But men in pursuit of justice must never despair. Let us again try and see whether we cannot devise some way to overcome the united forces of self-righteous Republicans and unrighteous copperheads. It will not do for those who for thirty years have fought the beasts at Ephesus to be frightened by the fangs of modern catamounts.
Let us now refer to the provisions of the proposed amendment.
The first section prohibits the States from abridging the privileges and immunities of citizens of the United States, or unlawfully depriving them of life, liberty, or property, or of denying to any person within their jurisdiction the “equal” protection of the laws.
I can hardly believe that any person can be found who will not admit that every one of these provisions is just. They are all asserted, in some form or other, in our DECLARATION or organic law. But the Constitution limits only the action of Congress, and is not a limitation on the States. This amendment supplies that defect, and allows Congress to correct the unjust legislation of the States, so far that the law which operated upon one man shall operate equally upon all. Whatever law punishes a white man for a crime shall punish the black man precisely in the same way and to the same degree. Whatever law protects the white man shall afford “equal” protection to the black man. Whatever means of redress is afforded to one shall be afforded to all. Whatever law allows the white man to testify in court shall allow the man of color to do the same. These are great advantages over the present codes. Now different degrees of punishment are inflicted, not on account of the magnitude of the crime, but according to the color of the skin. Now color disqualifies a man from testifying in courts, or being tried in the same way as white men. I need not enumerate these partial and oppressive laws. Unless the Constitution should restrain them those States will all, I fear, keep up this discrimination, and crush to death the hated freedmen. Some answer, “Your civil rights bill secures the same things.” That is partly true, but a law is repealable by a majority. And I need hardly say that the first time that the South with their copperhead allies obtain the command of Congress it will be repealed. The veto of the President and their votes on the bill are conclusive evidence of that. And yet I am amazed and alarmed at the impatience of certain well-meaning Republicans at the exclusion of the rebel States until the Constitution shall be so amended as to restrain their despotic desires. This amendment once adopted cannot be annulled without two thirds of Congress. That they will hardly get. And yet certain of our distinguished friends propose to admit State after State before this becomes a part of the Constitution. What madness! Is their judgment misled by their kindness; or are they unconsciously drifting into the haven of power at the other end of the avenue? I do not suspect it, but others will.
The second section I consider the most important in the article. It fixes the basis of representation in Congress. If any State shall exclude any of her adult male citizens from the elective franchise, or abridge that right, she shall forfeit her right to representation in the same proportion. The effect of this provision will be either to compel the States to grant universal suffrage or so to shear them of their power as to keep them forever in a hopeless minority in the national Government, both legislative and executive. If they do not enfranchise the freedmen, it would give to the rebel States but thirty-seven Representatives. Thus shorn of their power, they would soon become restive. Southern pride would not long brook a hopeless minority. True it will take two, three, possibly five years before they conquer their prejudices sufficiently to allow their late slaves to become their equals at the polls. That short delay would not be injurious. In the mean time the freedmen would become more enlightened, and more fit to discharge the high duties of their new condition. In that time, too, the loyal Congress could mature their laws and so amend the Constitution as to secure the rights of every human being, and render disunion impossible. Heaven forbid that the southern States, or any one of them, should be represented on this floor until such muniments of freedom are built high and firm. Against our will they have been absent for four bloody years; against our will they must not come back until we are ready to receive them. Do not tell me that there are loyal representatives waiting for admission—until their States are loyal they can have no standing here. They would merely misrepresent their constituents.
I admit that this article is not as good as the one we sent to death in the Senate. In my judgment, we shall not approach the measure of justice until we have given every adult freedman a homestead on the land where he was born and toiled and suffered. Forty acres of lands and a hut would be more valuable to him than the immediate right to vote. Unless we give them this we shall receive the censure of mankind and the curse of Heaven. That article referred to provided that if one of the injured race was excluded the State should forfeit the right to have any of them represented. That would have hastened their full enfranchisement. This section allows the States to discriminate among the same class, and receive proportionate credit in representation. This I dislike. But it is a short step forward. The large stride which we in vain proposed is dead; the murderers must answer to the suffering race. I would not have been the perpetrator. A load of misery must sit heavy on their souls.
The third section may encounter more difference of opinion here. Among the people I believe it will be the most popular of all the provisions; it prohibits rebels from voting for members of Congress and electors of President until 1870. My only objection to it is that it is too lenient. I know that there is a morbid sensibility, sometimes called mercy, which affects a few of all classes from the priest to the clown, which has more sympathy for the murderer on the gallows than for his victim. I hope I have a heart as capable of feeling for human woe as others. I have long since wished that capital punishment were abolished. But I never dreamed that al
l punishment could be dispensed with in human society. Anarchy, treason, and violence would reign triumphant. Here is the mildest of all punishments ever inflicted on traitors. I might not consent to the extreme severity denounced upon them by a provisional governor of Tennessee—I mean the late lamented Andrew Johnson of blessed memory—but I would have increased the severity of this section. I would be glad to see it extended to 1876, and to include all State and municipal as well as national elections. In my judgment we do not sufficiently protect the loyal men of the rebel States from the vindictive persecutions of their victorious rebel neighbors. Still I will move no amendment, nor vote for any, lest the whole fabric should tumble to pieces.
I need say nothing of the fourth section, for none dare object to it who is not himself a rebel. To the friend of justice, the friend of the Union, of the perpetuity of liberty, and the final triumph of the rights of man and their extension to every human being, let me say, sacrifice as we have done your peculiar views, and instead of vainly insisting upon the instantaneous operation of all that is right accept what is possible, and “all these things shall be added unto you.”
I move to recommit the joint resolution to the committee on reconstruction.
May 8, 1866
“WE ARE ALL BOUND UP TOGETHER”:
NEW YORK, MAY 1866
Frances Ellen Watkins Harper:
Speech at the National Woman’s Rights Convention
I FEEL I am something of a novice upon this platform. Born of a race whose inheritance has been outrage and wrong, most of my life had been spent in battling against those wrongs. But I did not feel as keenly as others, that I had these rights, in common with other women, which are now demanded. About two years ago, I stood within the shadows of my home. A great sorrow had fallen upon my life. My husband had died suddenly, leaving me a widow, with four children, one my own, and the others stepchildren. I tried to keep my children together. But my husband died in debt; and before he had been in his grave three months, the administrator had swept the very milk-crocks and wash tubs from my hands. I was a farmer’s wife and made butter for the Columbus market; but what could I do, when they had swept all away? They left me one thing—and that was a looking glass! Had I died instead of my husband, how different would have been the result! By this time he would have had another wife, it is likely; and no administrator would have gone into his house, broken up his home, and sold his bed, and taken away his means of support.
I took my children in my arms, and went out to seek my living. While I was gone; a neighbor to whom I had once lent five dollars, went before a magistrate and swore that he believed I was a non-resident, and laid an attachment on my very bed. And I went back to Ohio with my orphan children in my arms, without a single feather bed in this wide world, that was not in the custody of the law. I say, then, that justice is not fulfilled so long as woman is unequal before the law.
We are all bound up together in one great bundle of humanity, and society cannot trample on the weakest and feeblest of its members without receiving the curse in its own soul. You tried that in the case of the negro. You pressed him down for two centuries; and in so doing you crippled the moral strength and paralyzed the spiritual energies of the white men of the country. When the hands of the black were fettered, white men were deprived of the liberty of speech and the freedom of the press. Society cannot afford to neglect the enlightenment of any class of its members. At the South, the legislation of the country was in behalf of the rich slaveholders, while the poor white man was neglected. What is the consequence to-day? From that very class of neglected poor white men, comes the man who stands to-day, with his hand upon the helm of the nation. He fails to catch the watchword of the hour, and throws himself, the incarnation of meanness, across the pathway of the nation. My objection to Andrew Johnson is not that he has been a poor white man; my objection is that he keeps “poor whits” all the way through. [Applause.] That is the trouble with him.
This grand and glorious revolution which has commenced, will fail to reach its climax of success, until throughout the length and breadth of the American Republic, the nation shall be so color-blind, as to know no man by the color of his skin or the curl of his hair. It will then have no privileged class, trampling upon and outraging the unprivileged classes, but will be then one great privileged nation, whose privilege will be to produce the loftiest manhood and womanhood that humanity can attain.
I do not believe that giving the woman the ballot is immediately going to cure all the ills of life. I do not believe that white women are dew-drops just exhaled from the skies. I think that like men they may be divided into three classes, the good, the bad, and the indifferent. The good would vote according to their convictions and principles; the bad, as dictated by prejudice or malice; and the indifferent will vote on the strongest side of the question, with the winning party.
You white women speak here of rights. I speak of wrongs. I, as a colored woman, have had in this country an education which has made me feel as if I were in the situation of Ishmael, my hand against every man, and every man’s hand against me. Let me go to-morrow morning and take my seat in one of your street cars—I do not know that they will do it in New York, but they will in Philadelphia—and the conductor will put up his hand and stop the car rather than let me ride.
A Lady—They will not do that here.
Mrs. Harper—They do in Philadelphia. Going from Washington to Baltimore this Spring, they put me in the smoking car. [Loud Voices—“Shame.”] Aye, in the capital of the nation, where the black man consecrated himself to the nation’s defence, faithful when the white man was faithless, they put me in the smoking car! They did it once; but the next time they tried it, they failed; for I would not go in. I felt the fight in me; but I don’t want to have to fight all the time. To-day I am puzzled where to make my home. I would like to make it in Philadelphia, near my own friends and relations. But if I want to ride in the streets of Philadelphia, they send me to ride on the platform with the driver. [Cries of “Shame.”] Have women nothing to do with this? Not long since, a colored woman took her seat in an Eleventh Street car in Philadelphia, and the conductor stopped the car, and told the rest of the passengers to get out, and left the car with her in it alone, when they took it back to the station. One day I took my seat in a car, and the conductor came to me and told me to take another seat. I just screamed “murder.” The man said if I was black I ought to behave myself. I knew that if he was white he was not behaving himself. Are there not wrongs to be righted?
In advocating the cause of the colored man, since the Dred Scott decision, I have sometimes said I thought the nation had touched bottom. But let me tell you there is a depth of infamy lower than that. It is when the nation, standing upon the threshold of a great peril, reached out its hands to a feebler race, and asked that race to help it, and when the peril was over, said, You are good enough for soldiers, but not good enough for citizens. When Judge Taney said that the men of my race had no rights which the white man was bound to respect, he had not seen the bones of the black man bleaching outside of Richmond. He had not seen the thinned ranks and the thickened graves of the Louisiana Second, a regiment which went into battle nine hundred strong, and came out with three hundred. He had not stood at Olustee and seen defeat and disaster crushing down the pride of our banner, until word was brought to Col. Hallowell, “The day is lost; go in and save it;” and black men stood in the gap, beat back the enemy, and saved your army. [Applause.]
We have a woman in our country who has received the name of “Moses,” not by lying about it, but by acting it out [applause]—a woman who has gone down into the Egypt of slavery and brought out hundreds of our people into liberty. The last time I saw that woman, her hands were swollen. That woman who had led one of Montgomery’s most successful expeditions, who was brave enough and secretive enough to act as a scout for the American army, had her hands all swollen from a conflict with a brutal conductor, who undertook to eject her from her pl
ace. That woman, whose courage and bravery won a recognition from our army and from every black man in the land, is excluded from every thoroughfare of travel. Talk of giving women the ballot-box? Go on. It is a normal school, and the white women of this country need it. While there exists this brutal element in society which tramples upon the feeble and treads down the weak, I tell you that if there is any class of people who need to be lifted out of their airy nothings and selfishness, it is the white women of America. [Applause.]
May 10, 1866
THE MEMPHIS RIOT:
TENNESSEE, MAY 1866
George Stoneman to Ulysses S. Grant
(Received 12 o’clock, m.)
OFFICE U.S. MILITARY TELEGRAPH,
War Department, Washington, D. C., May 13, 1866
From HEADQUARTERS DEPARTMENT OF TENNESSEE,
Memphis, May 12, 1866
Lt. Gen. U. S. GRANT, U. S. A:
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