Voting Rights and the 14th Amendment

field_image
Elizabeth Cady Stanton
Question

How much impact did woman suffragists have on the 14th Amendment? How was it that its provisions did not give women the right to vote? What did the 15th Amendment add that wasn't in the 14th?

Answer

History is messy. And so are politics. A good historian resists the urge to reduce the many causes or meanings of an event to a single one. One of the most persistent urges of students of American history is to try to decide whether the Civil War was "really" about slavery or about states' rights. Another contender for the "real" cause of the war has been the regional tensions between an agrarian and an industrial economy, and another contender, the unequal unfolding in various segments of society of the universal implications of the Enlightenment's principle of individual freedom.

History is messy. And so are politics.

The "real" cause was all of these and more. Those on each side of the conflict acted with a variety of goals, and individuals were commonly motivated by more than one reason.

The 13th Amendment Abolishes Slavery

The complexity of interests, goals, and motivations continued throughout the Reconstruction period after the war. The radical Republicans, who dominated Congress, were determined to complete the task of eliminating slavery. But this meant more than simply abolishing slavery itself, which occurred through the adoption of the 13th Amendment at the end of 1865. (The 13th Amendment wrote the abolition of slavery into the deepest level of American law, making it permanent. Northern abolitionists had worried that the Emancipation Proclamation of 1863 would be attacked after the end of the war as merely a temporary emergency measure.)

freed slaves' legal status was undefined and unclear.

The passage of the 13th Amendment did not end the problem, however, because the freed slaves' legal status was undefined and unclear. From the freed slaves' point of view, this left them without legal protection against attempts in the South to coerce them into a permanent underclass status.

The 14th Amendment Makes Ex-Slaves Citizens

The problem was constitutionally complicated because the pre-war Supreme Court Dred Scott decision had declared black slaves to be non-persons. A 14th Amendment was necessary, therefore, to explicitly establish the status of blacks as persons and citizens through a natural right, inhering simply in having been born in the country and in recognizing their allegiance to it.

This was a philosophical expansion of who was included in the "We the People" phrase in the preamble to the Constitution, but the plight of the still-disenfranchised freed slaves in the South increased the urgency of passing the Amendment. Because the southern states were still occupied federal territory, the freed slaves—for the time being—could be given direct federal protection. However, the states were agitating for readmission to the Union, and their legislative representation had to be calculated. The Constitution had calculated it by counting slaves as three-fifths of a person. That language obviously now had to be amended. In addition, it was urgent that blacks be given full legislative representation to thwart Southern efforts to turn them into a permanent underclass without the full rights of citizens.

Problematic Language in the 14th Amendment

For the advocates of women's rights, this is where it got messy, and where some of the various motivations and goals of those who had previously been working together began to unravel. The radical Republicans who drafted the language of the 14th Amendment realized that by making a "natural rights" case for including blacks as full citizens, with all the rights and obligations, they would be making the same case for women. Had the amendment contained only the language of Section 1, women's rights advocates would have been thrilled because it would have strengthened their argument for female suffrage, even though it had to do with establishing citizenship rather than the right to vote per se:

"Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

But this wording would have made the amendment impossible to pass. There was wide political support for protecting the freed slaves, but not for giving women the right to vote.

This political dilemma was "solved" through the language of Section 2, which was needed to specify how the inhabitants of states would be counted for the purpose of legislative representation. It amended the Constitution's "three-fifths" clause.

There was wide political support for protecting the freed slaves, but not for giving women the right to vote.

And a penalty would be exacted from a recalcitrant state for any effort to deny blacks their votes. For each black denied the vote, the state's basis for representation would be reduced by one:

"Section 2. 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… is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States … 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."

Before the war, a slave state was able to count each slave as three-fifths of a person for the purposes of its apportion representation in Congress. Now, for each black who was denied the vote, the state would be forced to deduct a whole person from its basis for apportioned representation. This would apply strong pressure on the state not to disenfranchise blacks. Simultaneously, however, the language of this section of the amendment, in precisely specifying the calculation to be used, qualified the words "inhabitants" and "citizens" with the word "male."

This section, therefore, both enraged women's rights advocates while also allowing the amendment's proponents enough cover to find the votes for passage because it appeared to limit its effects to expanding the male population eligible to vote. The words "male" and "female" had not appeared in the Constitution before this. And women had been making their strongest Constitutional argument for the right to vote based on the "natural rights" reasoning upon which the Constitution relied. They argued that women already had the right to vote (and had always had it), at least implicitly, in the Constitution, but that mere outmoded convention had prevented that right from being recognized. They had been arguing for woman suffrage, in other words, based on the universal human rights they saw as affirmed by implication in the Constitution.

The Reformers' Coalition Unravels

Most of those who had argued for women's rights before and during the war had also allied themselves strongly with the movement to abolish slavery, linking the two causes on the basis of natural rights. But now, by the insertion of the word "male" into the amendment, the Constitution would no longer be technically gender-blind, but would actively "disfranchise" women. Women's rights advocates were particularly stung by the fact that the amendment was written and was being pushed by the very same reformers, such as Senator Charles Sumner, with whom they had stood shoulder to shoulder in the agitation against slavery.

by the insertion of the word "male" into the amendment, the Constitution would no longer be technically gender-blind

As Elizabeth Cady Stanton remarked on the Republican Congress's determination to extend voting rights to blacks: "to demand his enfranchisement on the broad principle of natural rights, was hedged about with difficulties, as the logical result of such action must be the enfranchisement of all ostracized classes; not only the white women of the entire country, but the slave women of the South … the only way they could open the constitutional door just wide enough to let the black man pass in, was to introduce the word 'male' into the national Constitution."

Wendell Phillips, in 1865, as the new head of the American Anti-Slavery Society, turned the society's sights on ensuring black Americans' civil and political rights, especially suffrage. The old-line anti-slavery agitators understood that trying to extend suffrage to African-Americans would require a huge political battle. Trying to extend suffrage to women, too, at the same time, would be impossible. So now he told the society's annual convention, "I hope in time to be as bold as [British reformer John] Stuart Mill and add to that last clause 'sex'!! But this hour belongs to the negro. As Abraham Lincoln said, 'One War at a time'; so I say, One question at a time. This hour belongs to the negro." Elizabeth Cady Stanton and Susan B. Anthony both understood immediately that this meant that their erstwhile supporters among the abolitionists—many of whom were now in the councils of legislative influence in the Republican Party—were putting the "woman's cause … in deep water."

Congress proposed the 14th Amendment on June 13, 1866. It was ratified and became law on July 9, 1868. Its adoption caused a deep rift among those who, until then, had made common cause. Many of the supporters of the amendment hoped that the issues of black suffrage and woman suffrage could be separated out and treated sequentially, one after the other. And many of them were acting on the pressing need to deal with the issue of black citizenship and suffrage separate from the issue of woman suffrage out of the necessity to cope with the unfolding events in the aftermath of the war.

"This hour belongs to the negro."

Nevertheless, many women's rights activists felt that their cause had been betrayed by their former friends in reform, and that the cause of blacks and women had not just been separated, out of a temporary necessity, but that the cause of women had been set back. Historian Ellen DuBois has noted that this was a watershed event in that women's rights activists, after this, began focusing their organizing efforts specifically on gaining for women the right to vote, rather than relying on broader reforms. They organized both the National Woman's Suffrage Association and the American Woman Suffrage Association in 1869, and began petitioning for a constitutional amendment that would guarantee women the right to vote.

The 15th Amendment Makes Ex-Slaves Voters

As events unfolded in the South, blacks were often excluded from voting by local restrictions of one kind or another, and Congress recognized that constitutionally defining blacks as citizens, through the 14th Amendment, did not absolutely guarantee their right to vote. Consequently, Congress proposed the 15th Amendment on February 26, 1869. It was ratified and became law on February 3, 1870:

"Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."

For women's rights advocates, this amendment added nothing new to their struggle for suffrage. Especially frustrating for them was the fact that antebellum reformers had often railed against legal limits to freedom based on "race, color, or sex," and the language of this new amendment seemed to them to be a kind of parody of that, in which "sex" was deliberately replaced by "previous condition of servitude," that is, slavery.

It was a painful irony for many women's rights activists, therefore, that they found themselves actively opposing the passage of the amendment (as some of them had opposed the 14th Amendment). The amendment that would guarantee them the right to vote—the 19th—would not become law until 1920.

For more information

"Petition of E. Cady Stanton, Susan B. Anthony, Lucy Stone, and others asking for an amendment of the Constitution that shall prohibit the several States from disfranchising any of their citizens on the ground of sex, ca. 1865," Records of the U.S. House of Representatives, National Archives and Records Administration, Washington, DC. ARC Identifier 306684.

"Form letter from E. Cady Stanton, Susan B. Anthony, and Lucy Stone asking friends to send petitions for women's suffrage to their representatives in Congress, 12/26/1865," Records of the U.S. House of Representatives, National Archives and Records Administration, Washington, DC. ARC Identifier 306686.

National Women's History Project website.

HerStory Scrapbook website.

Bibliography

Elizabeth Cady Stanton, Susan B. Anthony, Matilda Joslyn Gage, eds., History of Woman Suffrage, Volume 2: 1861-1876. Rochester, NY: Privately Printed, 1881, pp. 90-106, 333-362, 407-416.

Ellen Carol DuBois, Feminism and Suffrage: The Emergence of an Independent Women's Movement in America, 1848-1869. Ithaca: Cornell University Press, 1978, pp. 53-72.

Eleanor Flexner and Ellen Fitzpatrick, Century of Struggle: The Woman's Rights Movement in the United States, rev. ed. Cambridge, MA: Harvard University Press, 1996, pp. 136-148.

Joe Jelen's Ads as Primary Sources: The Ad Council's Historic Campaigns

Date Published
Image
Photo,  Smokey Bear Fire Prevention sign along State Highway 70, Jul. 1960, NARA
Article Body

The Ad Council has been producing public service announcements attempting to affect change in society and serve the public interest for nearly 70 years. The campaigns take the form of print, radio, and television advertisements. They have run the spectrum of societal issues, from "Rosie the Riveter" and the campaign to place women in war jobs to contemporary ads related to predatory lending. The Ad Council has brought us memorable characters like Smokey Bear, McGruff the Crime Dog, and Vince and Larry (the two crash test dummies who convinced us to wear seat belts). But what do these public advertising campaigns say about America? How can we use these ad campaigns to better understand U.S. history?

Through analyzing the ads we can isolate time periods in history and understand what were believed to be the most pressing societal issues of the time. These campaigns tried to decrease behaviors that were believed to lead to social problems or promote behaviors that would lead to a better society. Thus, in seeking to understand the advertisements, we can help students uncover the contemporaneous sociology of the ad campaign.

Where to Start

You can begin by exploring the Ad Council's Historic Campaigns that highlight some of the more notable campaigns in the last 70 years. Each campaign is complete with background information and some have links to PSA videos associated with the campaign. An even more complete retrospective of past advertising campaigns is maintained by the Advertising Educational Foundation and can be accessed here.

How can we use these ad campaigns to better understand U.S. history?

I have found the site particularly useful in helping students understand more recent history. For instance, few would disagree that, socially, the 1980s were rocked by the AIDS epidemic. The site highlights PSAs to prevent the spread of AIDS, which represent a dramatic shift in societal norms with the public call for condom use. The ads on crime prevention featuring McGruff the Crime Dog also help illuminate the 1980s. These ads coincide with America's "war on drugs" and emphasis on law and order during the 1980s. 1970s culture was epitomized by environmental awareness featuring Ad Council PSAs showing Native Americans distraught to find their territory littered. These ads and more can be found in the Historic Campaigns section.

Using Ads in the Classroom

Teaching with advertisements as primary sources is beneficial in two ways. One, students are exposed to yet another example of primary sources that come with their own unique set of historical questions. Two, by learning how to unpack the intent of advertisements on people of the past, students are more apt to be able to recognize advertising manipulation in the present. The Ad Council dedicates a page of resources for educators that includes useful links and frequently asked questions. These pages also identify current advertising campaigns, which might be useful for students to identify some of the important topics of today compared to the important issues they find in earlier decades.

Before having students analyze advertisements as primary sources, it is important to model for students how advertisements should be read. Students should also be made aware of the strengths and limitations of using advertisements to understand the past. An excellent overview of these strengths and weaknesses can be found on page 11 of this guide to primary sources, from the Smithsonian's History Explorer, along with questions to guide students in analyzing advertisements.

By learning how to unpack the intent of advertisements on people of the past, students are more apt to be able to recognize advertising manipulation in the present.

A natural fit to teaching U.S. history through public service announcements would be to have students create their own PSAs. Students could be given a list of pertinent social issues to a particular time period or could be asked to research important topics on their own. Students could write a script and use a pocket camcorder to record their PSA. Editing could be done using iMovie, Windows MovieMaker, or any number of free online video editing tools. The purpose of the assignment is to help students understand the changing nature of social issues in the United States.

Another idea is to have students research the effectiveness of given historic campaigns. The Ad Council maintains a database of reports and figures related to the success of various PSAs. This is a condensed version highlighting the impact of the Ad Council's more famous campaigns. The purpose here is to help students see how effective advertising not only convinces people to buy products, but also can convince people to change behavior for the common good.

Selling Social Issues

The Ad Council works to address the most significant social issues of the day. With that purpose, the Ad Council offers a unique look into making sense of our social past by revealing important issues of the time. Advertisements offer students an opportunity to interpret an overlooked type of primary source of the past and establish connections to the present.

For more information

Looking for more guidelines on using ads in the classroom? Historian Daniel Pope helps you make sense of advertisements, and historian Roger Horowitz analyzes historical documents behind 1950s potato chip advertising campaigns. This syllabus from a university history course also walks you through the steps of analyzing an ad.

Search our Website Reviews using the keyword "advertisement" for reviews of more than 200 websites featuring archived advertisements.

Dissent in the Ranks

field_image
Print portrait, Horatio Gates, New York Public Library
Question

George Washington struggled to win battles in New York in 1776. What steps were taken in order to have him removed as Commander-in-Chief and who were behind the actions to get him removed?

Answer

You might not think that the father of our country had any detractors, but he did, especially in the wake of so many military setbacks—not only in New York, but later in New Jersey and Pennsylvania. Starting with the Battle of Long Island in August 1776, British General William Howe drove the Continental Army back to Brooklyn Heights. Though told by Congress to hold the city, Washington decided he had to abandon New York. He then lost at Harlem Heights, suffered defeat at White Plains, lost Fort Washington along with 3,000 prisoners, and shortly after evacuated Fort Lee.

Luckily, Howe’s attention to Fort Washington gave the Continental Army a chance to escape across the Hudson and into New Jersey. But Washington’s struggles continued. At the end of 1776, General Charles Lee lost 4000 Americans covering Washington’s retreat through New Jersey. In December Congress abandoned Philadelphia for Baltimore. Fortune favored Washington again when Howe went into winter quarters. His army capitalized, striking hard on Christmas night, crossing the Delaware River, raiding Trenton and capturing 1000 Hessians along with arms and ammunition. In January, Washington’s men defeated British reinforcements at Princeton before escaping to Morristown, NJ.

Though Washington and his army showed pluck and resilience, such triumphs were pretty rare. His army was again defeated at Brandywine in September 1777 and later that month, General Howe occupied Philadelphia. In early October, Washington lost at Germantown. By contrast, just a few weeks later, General Horatio Gates shocked the world by defeating General Burgoyne at Saratoga on the Hudson River. With Gates’s star on the ascent, some wondered whether Washington was the right man to fill the role of Commander-in-Chief. Though no formal steps ever took place, by the end of 1777 there was a “whispering campaign” underway to have Washington removed —a movement that historian Joseph Ellis suggests was probably “simmering beneath the surface ever since the debacle at Fort Washington.”

Even the officers and soldiers who served under [Gates] in the northern army, would not willingly yield their attachment to their beloved Washington, in whose wisdom and judgment they repose such unbounded confidence.

One of the central figures in the matter was Brigadier General Thomas Conway, an ambitious Irishman who left the French Army to join the Continental Army, making the anti-Washington movement commonly referred to as the “Conway Cabal.” Conway actively lobbied Congress for a promotion that Washington virulently opposed in a letter to fellow Virginian and Congressman Richard Henry Lee. When Conway caught wind of this slight, he dashed off some pointed criticisms of Washington to Gates. Conway’s dislike for Washington attracted a loose “coterie of grumblers,” including Gates himself, Brigadier General Thomas Mifflin, General Charles Lee, and Congressional figures such as John Adams, Samuel Adams, Benjamin Rush, and Richard Henry Lee.

A gossip network through private correspondence might have remained the extent of the “coterie of grumblers'” influence, except that Washington, ever sensitive to the sanctity of his reputation, had his own network of loyal informants who had a keen ear for loose talk. Washington supporter General William Alexander reported that Gates’s aide General James Wilkinson, had drunkenly divulged the contents of anti-Washington correspondence between Conway and Gates, including this remark by Conway: “Heaven has been determined to save your Country; or a weak General and bad Counselors would have ruined it." When Washington penned a terse note to Gates, he openly challenged him by sending a copy of his correspondence to Congress. This skillful tactic deferred the matter to his civilian masters, while placing the matter in the public sphere, where direct criticism of Washington was still almost sacrilegious.

It is most unfortunate that Congress appears to be split into factions at this eventful period, when the salvation of our country depends on the harmony and unanimity in our counsels.” - Journal Entry James Thatcher, Surgeon Washington’s Army

Washington survived the challenge to his leadership, and some of his most ardent supporters, such as Major General Nathanael Greene, the Marquis de Lafayette, and Alexander Hamilton, went on to distinguish themselves throughout the war. Washington’s two most prominent critics fared less well. Though Conway eventually got his promotion and subsequent assignment as Inspector General, Washington marginalized him when he reported for duty at Valley Forge. Later, a number of general officers petitioned Congress, protesting Conway’s promotion. Conway was further discredited after a fellow officer questioned his courage at Germantown. After challenging his accuser to a duel, Conway was shot in the mouth. Thinking he was dying, Conway wrote a letter of apology to General Washington, but he survived his wounds and eventually returned to France. Gates was never able to hold on to the stature he gained at Saratoga, and in 1780 found himself fleeing with his militia at the Battle of Camden, SC in 1780.

For more information

Abbot, WW., Twohig, Dorothy, and Chase, Philander D., The Papers of George Washington: Revolutionary War Series, 12 vols. Charlottesville, VA, 1985.

Cowley, Robert and Parker, Geoffrey, eds. The Reader’s Companion to Military History. Boston: Houghton Mifflin Company, 1996.

Fischer, David Hackett. Washington’s Crossing. New York: Oxford University Press, 2004.

Higginbotham, Don. War of American Independence. Northeastern University Press, 1983.

McCullough, David. 1776. New York: Simon & Schuster, 2005.

Royster, Charles. A Revolutionary People at War: The Continental Army and American Character, 1775-1783. Chapel Hill: University of North Carolina Press, 1996.

Bibliography

Ellis, Joseph J. His Excellency George Washington. New York: Alfred A. Knopf, 2004.

Heydt, Bruce. “Vexatious Evils: George Washington and the Conway Cabal,” American History, December 2005.

The Black Power Movement in the U.S.A.

Description

Dr. Kevin Yuill, Senior Lecturer in American History at the University of Sunderland, lectures on the black power movement, looking at its emergence, the Black Panther Party, Malcolm X's relationship with the movement, and the effects of the movement. For part two of this lecture, click here.

Free registration is required to view the video. Audio and video options are available.

Creation of the Modern City

Description

Kenneth Jackson, Jacques Barzun Professor in History and the Social Sciences at Columbia University, describes the ways in which 19th-century cities evolved from disorganized, unregulated communities into modern cities focusing on order, safety, and public health. Professor Jackson looks at the motivations behind these developments as well as implementation strategies.

North American Women's Letters and Diaries: Colonial Times to 1950

Image
Logo, North American Women's Letters and Diaries: Colonial Times to 1950
Annotation

This extensive archive offers approximately 150,000 pages of letters and diaries from colonial times to 1950, including 7,000 pages of previously unpublished manuscripts. Highlighted material includes extracts from the Journal of Mrs. Ann Manigault (1754-1781), the Life of Harriet Beecher Stowe, letters of Phyllis Wheatley, letters of Ellen Louisa Tucker to Ralph Waldo Emerson, letters of Margaret Fuller, and the memoirs and letters of Dolley Madison, wife of James Madison.

Search the database by keyword or use the advanced search to find material by such fields as author, race, religion, age, occupation, date of writing, document type, historical event, or subject. More than 80 fields have been indexed. This website is available either through one-time purchase of perpetual rights or through annual subscription (your library or institution may have a subscription). This collection is a useful archive of material for teaching about the history of women as well as for research in women's studies, social history, and cultural history.

Harriet Tubman

Description

Harriet Tubman was born into slavery in Maryland in 1820. After her escape to the North in 1849, she returned to the South more than a dozen times to ferry other slaves along the Underground Railroad. She later helped John Brown recruit men for his Harper's Ferry raid; and during the Civil War, Tubman served as a Union spy. In this lecture, historian Catherine Clinton details not only Tubman's life but also the quest to uncover new information on Tubman.

Lincoln: A Life of Purpose and Power

Description

Richard Carwardine is Rhodes Professor of American History at Oxford University, author of Lincoln: A Life of Purpose and Power, and winner of the 2004 Lincoln Book Prize. In this lecture, he discusses different aspects of Lincoln's life. Why is Lincoln a mythic figure? How early in his career did he develop his views against slavery? What role did religion play in his life? Professor Carwardine analyzes Lincoln's greatness as well as his humility.