On Gendering the Constitution

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John A Bingham, photo by Mathew Brady, Library of Congress
Question

Do you have any primary source documents from John Bingham that show why he chose to include only males in the 14th Amendment, any copies of speeches he made on the topic, etc.? Also do you have any source documents from Susan B. Anthony that take the opposite view of why women should be included? My daughter is completing a National History Day project and these two are critical to her performance.

Answer

I’m not sure how to answer this. I wouldn’t want to take anything away from your daughter’s project by doing her research for her. But the subject is complicated and I think I can say a few things that might help with her research.

The issues around the passage of the 14th Amendment, as they appeared to women’s rights activists, are well covered, with transcripts of Congressional debates, and details of the petitions and organizing activities of Susan B. Anthony, Elizabeth Cady Stanton, and others, in the History of Woman Suffrage, Volume 2, Chapter 17, pages 90-151, which your daughter can read at the link. In addition, if your public library, or a nearby academic library, has online access to the ProQuest historical newspapers collection, she might find it useful to take a look at The New York Times reporting on the announcement of—and speeches given at—the 11th National Woman’s Rights Convention, held in New York City, as detailed in the articles, “Woman’s Rights. The Eleventh National Woman’s Rights Convention” (April 2, 1866) and “The May Anniversaries” (May 11, 1866).

The Purpose of the 14th Amendment

In order to supplement these sources and to more fully understand the Congressional debates over the language of the 14th Amendment, I think it is important to note that the essential purpose of the amendment was not to define the principle on which the right of suffrage was based, but rather to craft a means by which the country could be “reconstructed,” which is to say that the joint House and Senate “Committee of Fifteen” (which included Representative John A. Bingham of Ohio) that put together the language of the amendment and brought it to the Congress as a whole for a vote was recommending a way for the southern states that had seceded to be re-admitted to the Union, a very urgent issue at the time.

When they were re-admitted, these states’ representatives would have to be seated in Congress. But there was a problem with doing that: According to the Constitution, the number of slaves in the southern states had figured into the counting of the states’ population for the purpose of deciding the number of Congressional representatives from those states (the “three-fifths clause”). But with the end of the war and the passage of the 13th Amendment outlawing slavery, there were no longer any slaves to count.

it would have seemed that the South had actually been rewarded as a result of the war.

If, then, the sheer number of persons living in the southern states were now to be used to determine the number of representatives these states could send to Congress, these states would gain a very considerable advantage over what they had before the war because the ex-slaves would then be counted as “full” persons, even though, in these states, they were not allowed to vote. The result would be an actual increase in the legislative power of these states, whose strengthened congressional delegations would still be drawn from the same class of white landowners whose “retrograde” views had played a decisive role in the events leading to the war. This would have been plainly unacceptable, as it would have seemed that the South had actually been rewarded as a result of the war.

To solve this problem, the Committee of Fifteen created a condition for these states re-admittance to the Union, which is described in section 2 of the constitutional amendment it proposed:

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

In other words, the committee was saying, “Okay, maybe we can’t force you southern states to give Blacks the vote, but if you don’t, we’ll just deduct the Black population from your total population when counting how many congressional representatives you get, so you don’t get any advantage over us; in fact, you’ll be disadvantaged, because now you won’t be able to count your Black population at all whereas before you could count three-fifths of it (more or less) in figuring out how many congressional representatives you could have.” This seemed like a fair, if somewhat convoluted, compromise to the committee. The committee thought it would stand a good chance of being passed.

This seemed like a fair, if somewhat convoluted, compromise to the committee.

In fact, essentially the same sort of scheme had already passed Congress as part of a civil rights law, but Congressman Bingham, who was both a lawyer and a judge, was convinced that that law would be found by the courts to be unconstitutional for a number of reasons (including the fact that it infringed on the rights of states to determine which of its citizens could vote), so he had actually opposed its passage in Congress and argued that it needed to be passed as a constitutional amendment instead. That is why it was deliberated on by the Committee of Fifteen—actually called the Committee on Reconstruction—of which he was an influential member, and was proposed by it. It was part of the committee’s plan for how the southern states could be brought back into the fold: If these states’ legislatures reaffirmed their allegiance to the United States and voted to accept the conditions in the proposed amendment, then they would be re-admitted.

I cannot find a source that gives Bingham himself the responsibility for inserting the word “male” in the language of the amendment. Perhaps you have found such a source. The material in the History of Woman Suffrage appear to me to suggest otherwise, that it was simply the result of the committee’s long hours in trying to craft precise language that would do no more than what the committee intended the amendment to do, without inadvertently opening the door to a storm of objections surrounding the much larger principles of suffrage, whether it was a universal “human right” or not, that would most probably have derailed the amendment’s chance of passage.

For more information

Garrett Epps, Democracy Reborn: The Fourteenth Amendment and the Fight for Equal Rights in Post-Civil War America. New York: Macmillan, 2007.

William E. Nelson, The Fourteenth Amendment: From Political Principle to Judicial Doctrine. Cambridge: Harvard University Press, 1988.

Bibliography

Elizabeth Cady Stanton, Susan B. Anthony, and Matilda Joslyn Gage, eds. History of Woman Suffrage. Volume 2, 1861-1876. Rochester: Susan B. Anthony, 1881.

Women's Reform Movement

Question

Were the voices of all women involved in the Women's Rights Movement represented in the 1848 Seneca Falls Declaration of Sentiments?

Textbook Excerpt

According to many textbooks, economic, cultural, social, and religious changes in the antebellum period led to new roles for women and new views about their "proper sphere." Women responded in a variety of ways, among them by participation in reform movements. One of these, antislavery, encouraged women to examine their own rights (or lack of rights) as well as those of slaves. A major result was a convention in Seneca Falls, NY, in 1848 that produced a bold Declaration of Sentiments attacking the oppression of women.

Source Excerpt

In addition to painting a richer, more complex picture of women's activism (and opposition to it), primary sources convey a sense of the passion Americans brought to debates over women's roles and rights. Although often carried out in the languages of religion, political theory, and human rights, these debates were also intensely personal.

Historian Excerpt

Historians suggest that to focus on Seneca Falls and the Women's Rights Movement that followed, however, obscures differences among women by class, religion, race, and other factors. To emphasize the call for voting rights in the Declaration of Sentiments, moreover, diminishes the large number of other issues reformers confronted and the experiences, needs, and concerns of women other than the mostly middle-class ones prominent in reform movements.

Abstract

Textbooks cite a number of changes affecting women in antebellum America and attempt to link them to the striking participation of women in reform movements. These accounts, however, commonly focus on the emergence of a Women's Rights movement after an 1848 Convention in Seneca Falls, NY, that produced a stirring Declaration of Sentiments. That focus may serve the pedagogical purpose of helping connect past to present, but it comes at the expense of understanding the greater diversity of women's lives, reform activities, and perspectives on the world.

Women Taking History: Women's History Month 2011

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Photo, Woman with camera, White House, Washington, D.C., Apr. 8, 1922, LoC
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African American History Month ends, and Women's History Month begins! Take a glance around the internet, and you'll find plenty of resources for teaching women's history—whether it be the Seneca Falls Convention, heroes of the American Revolution and the Civil War, social activists, First Ladies, workers during the World Wars, jazz and blues stars, or presidential candidates. You'll find photographs of many of these women, too—working in factories, on the campaign trail, helping the wounded, conducting scientific experiments.

But who takes these photographs? Who makes these images that become the records of history? Aren't the people behind the camera as significant as the ones in front of it?

Of course they are, though they can easily be forgotten. When we look at photographs of Amelia Earhart, we rarely ask who took the photo. When we're struck by a picture of New York during 9/11, do we ever ask if it was snapped by a man or a woman?

Explore women's history behind the camera this Women's History Month. What have women chosen to capture on film, as they record and live through history?

Taking Photos and Making History
  • The Kansas Historical Society tells the story of Alice Gardiner Sennrich, a professional photographer early in photography's commercial history. Born in 1878, Sennrich purchased a Kansas photography studio in 1902, and ran it throughout her life, including after her marriage. Recognized by the National Association of Photographers, she was also active in the Photographers Association of Kansas (PAK), an organization that had active female members since its founding. You can hear more about Sennrich in this podcast by the Society.
  • During the Great Depression, the Federal Government gave photographers, both men and women, work documenting the lives of ordinary U.S. citizens and the social conditions of the day. The Library of Congress's American Memory collection From the Great Depression to World War II: Photos from the FSA-OWI preserves more than 150,000 of these photographs. Try browsing the collections' black-and-white and color photos by creator. Look for women's names and work—and remember to check names with only a first initial and a surname! These may be women, too. Giving only a first initial was (and remains) one way to avoid being judged (at least in print) by gender.
  • Photographs aren't always taken as documentation. Sometimes, they're carefully composed as art. The online archive Women Artists of the American West showcases the artwork of 19th- and 20th-century Western women. Photography exhibits include photographs by white women of Pueblo arts and crafts workers (many of them women), taken from 1900 to 1935; modern art photography by Native women; landscape photography by Laura Gilpin (1891–1979); and 1972–1997 lesbian photography (some pages contain nudity). The Women in International Photography Archive, collects essays on more than 25 women photographers.
  • For an example of a modern photographer using her work as part of a political journalistic career, check out Jo Freeman.com. A writer, lawyer, and activist, Freeman's site features her photographs of Democratic and Republican conventions, marches and protests, New York after 9/11, the Chicago riot following Martin Luther King, Jr.'s assassination, and Congresswoman Shirley Chisholm's 1972 campaign for the presidency.

If photographs aren't enough, branch out into art, journalism, fiction and nonfiction writing, and other ways of recording and responding to the world, all meant for the public eye. What have women created and documented? What were their (myriad, uncountable) reasons for crafting "snapshots" and composing reactions? Women make history when they're behind its lens, as well as in front!

Further Resources

Looking for more resources? Take a quiz on women in history, with our weekly quiz archive! See how well you do on quizzes with subjects like women in the West. Search our Website Reviews, as well—we've reviewed and annotated more than 200 websites with women's history content.

If you'd still like more, these organizations feature content and pages created just for Women's History Month:

For more information

Speaking of photographs, the Smithsonian is looking for help identifying women in photographs with missing or incomplete background information. Take a look and see if you can help out!

Freedom Now! An Archival Project of Tougaloo College and Brown University

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Brochure, Fundraising to aid. . . , 1970, NAACP, Tougaloo College Archives
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This searchable archive offers more than 250 documents from the Mississippi Freedom Movement, the struggle to register African Americans to vote in Mississippi in the early 1960s, and the continuing Brown-Tougaloo Cooperative Exchange that grew out of it. The Freedom Movement was "one of the most inspiring and important examples of grass-roots activism in U.S. history." The archive includes books; manuscripts; periodicals; correspondence; interview transcripts; photographs; artifacts; and legal, organizational, and personal documents.

The collection can be searched by document type, keyword, or topic, including black power/black nationalism, college students, gender issues, incarceration, labor issues, legislation, media, non-violence, protest, segregation, and state government. The site offers two lesson plans on the Mississippi Freedom Movement based on documents in the database, one focused on the experiences of college-aged civil rights workers during the Freedom Movement and the other on voter registration. Other teaching resources include links to five websites on teaching with primary documents, six sites related to the African-American civil rights movement, and eight related books. This site is a useful resource for researching the Mississippi Freedom Movement, the history and people of the civil rights movement, or African-American history.

Harriet Beecher Stowe House [OH]

Description

The Harriet Beecher Stowe House is operated as an historical and cultural site, focusing on Harriet Beecher Stowe, author of Uncle Tom's Cabin. The site also includes a look into the family, friends, and colleagues of the Beecher-Stowe family; Lane Seminary; and the abolitionist, women's rights, and Underground Railroad movements in which these historical figures participated in the 1830s to 1860s, as well as African-American history related to these movements. The house was home to Harriet Beecher Stowe prior to her marriage and to her father, Rev. Lyman Beecher, and his large family, a prolific group of religious leaders, educators, writers, and antislavery and women's rights advocates. The Beecher family includes Harriet's sister, Catherine Beecher, an early female educator and writer who helped found numerous high schools and colleges for women; brother Rev. Henry Ward Beecher, a leader of the women's suffrage movement and considered by some to be the most eloquent minister of his time; General James Beecher, a Civil War general who commanded the first African-American troops in the Union Army recruited from the South; and sister Isabella Beecher Hooker, a women's rights advocate. The Beechers lived in Cincinnati for nearly 20 years, from 1832 to the early 1850s, before returning East.

The house offers exhibits, tours, and occasional recreational and educational programs and events.

Motherhood, Social Service, and Political Reform: American Woman Suffrage

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Pin, Jailed for Freedom, National Woman's Party, Given all women arrested for...
Annotation

One of several projects related to the foundation of a National Museum of Women's History in Washington, DC, this exhibit marks the 150th anniversary of the Seneca Falls Convention. As an in-depth image gallery, it "examines the development of a distinct female political culture and imagery that evolved to promote voting rights for women." Visitors can browse the gallery of 50 images of a variety of artifacts developed by suffrage supporters or take a more in-depth tour of the woman's suffrage movement. Through topical paragraphs (Campaign Symbols, Mass Movement, Two Strategies of the 19th-century Movement, and Creating a Female Political Culture) and selected images, the tour traces the history of the woman suffrage movement and the significance of its colors, icons, and slogans. Visitors can print out the exhibit for a 5,000-word text version. Additional resources include a quiz and a collection of related resources.

The Malcolm X Project

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Photo, Introductory graphic, The Malcolm X Project
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This site is dedicated to the study of the life and legacy of Malcolm X. Only one of three "initiatives" is publicly available (Columbia faculty, staff, and students may also access the site's "multi-media study environment" section). "Oral histories," "outreach," and "Malcolm X biography project" are under construction. A chronology traces Malcolm's life from his birth in May 1925 to his assassination in February 1965, with short entries on major events. "Government Documents" offers FBI files on Malcolm X—4,000 pages of surveillance reports—covering the period 1954 to 1964. A brief summary accompanies each report and the files can be searched by keyword. The site's project journal, focusing on particular themes and issues, has seven articles on Malcolm X and eight weblog postings. Additionally, the site offers an e-seminar "Life after Death: Malcolm X and American Culture" by Columbia professor Dr. Manning Marble for a fee (available free to Columbia faculty, staff, and students). When this site is completed, it will be a good starting point for researching the ideas and life of Malcolm X.