1.3.1 The Fourteenth Amendment and Escalating Violence

Elizabeth Cady Stanton and Susan B. Anthony, 1870 Outspoken suffragists Elizabeth Cady Stanton (left) and Susan B. Anthony (right) were veteran reformers who advocated, among other things, better working conditions for labor, married women’s property rights, liberalization of divorce laws, and women’s admission into colleges and trade schools. Their passion for other causes led some conservatives to oppose women’s political rights because they equated the suffragist cause with radicalism in general. Women could not easily overcome such views, and the long struggle for the vote eventually drew millions of women into public life.

©Bettmann/Corbis.

In June 1866, Congress passed the Fourteenth Amendment to the Constitution, and two years later it gained the necessary ratification of three-fourths of the states. The most important provisions of this complex amendment made all native-born or naturalized persons American citizens and prohibited states from abridging the “privileges and immunities” of citizens, depriving them of “life, liberty, or property without due process of law,” and denying them “equal protection of the laws.” By making blacks national citizens, the amendment provided a national guarantee of equality before the law. In essence, it protected blacks against violation by southern state governments.

The Fourteenth Amendment also dealt with voting rights. It gave Congress the right to reduce the congressional representation of states that withheld suffrage from some of its adult male population. In other words, white Southerners could either allow black men to vote or see their representation in Washington slashed. Whatever happened, Republicans stood to benefit from the Fourteenth Amendment. If southern whites granted voting rights to freedmen, Republicans would gain valuable black votes. If whites refused, the representation of southern Democrats would plunge.

The Fourteenth Amendment’s suffrage provisions ignored the small band of politicized women who had emerged from the war demanding “the ballot for the two disenfranchised classes, negroes and women.” Founding the American Equal Rights Association in 1866, Susan B. Anthony and Elizabeth Cady Stanton lobbied for “a government by the people, and the whole people; for the people and the whole people.” They felt betrayed when their old antislavery allies refused to work for their goals. “It was the Negro’s hour,” Frederick Douglass explained. Senator Charles Sumner suggested that woman suffrage could be “the great question of the future.”

The Fourteenth Amendment provided for punishment of any state that excluded voters on the basis of race but not on the basis of sex. The amendment also introduced the word male into the Constitution when it referred to a citizen’s right to vote. Stanton predicted that “if that word ‘male’ be inserted, it will take us a century at least to get it out.”

Tennessee approved the Fourteenth Amendment in July, and Congress promptly welcomed the state’s representatives and senators back. Had President Johnson counseled other southern states to ratify this relatively mild amendment and warned them that they faced the fury of an outraged Republican Party if they refused, they might have listened. Instead, Johnson advised Southerners to reject the Fourteenth Amendment and to rely on him to trounce the Republicans in the fall congressional elections.

Memphis Riots, May 1866 On May 1, 1866, two carriages, one driven by a white man and the other by a black man, collided on a busy street in Memphis, Tennessee. This minor incident led to three days of bloody racial violence in which dozens of blacks and two whites died. South Memphis, pictured in this lithograph from Harper’s Weekly, was a shantytown where the families of black soldiers stationed at nearby Fort Pickering lived. The army commander refused to send troops to protect soldiers’ families and property, and white mobs ran wild.

The Granger Collection, NYC.

Johnson had decided to make the Fourteenth Amendment the overriding issue of the 1866 elections and to gather its white opponents into a new conservative party, the National Union Party. The president’s strategy suffered a setback when whites in several southern cities went on rampages against blacks. When a mob in New Orleans assaulted delegates to a black suffrage convention, thirty-four blacks died. In Memphis, white mobs killed at least forty-six people. The slaughter shocked Northerners and renewed skepticism about Johnson’s claim that southern whites could be trusted. “Who doubts that the Freedmen’s Bureau ought to be abolished forthwith,” a New Yorker observed sarcastically, “and the blacks remitted to the paternal care of their old masters, who ‘understand the nigger, you know, a great deal better than the Yankees can.’”

The 1866 elections resulted in an overwhelming Republican victory. Johnson had bet that Northerners would not support federal protection of black rights and that a racist backlash would blast the Republican Party. But the war was still fresh in northern minds, and as one Republican explained, southern whites “with all their intelligence were traitors, the blacks with all their ignorance were loyal.”