Georgia’s vote ratified the 13th Amendment, December 6, 1865

December 6, 2016

13th Amendment to the U.S. Constitution. National Archives image.

13th Amendment to the U.S. Constitution. National Archives image.

On December 6, 1865, Georgia’s legislature voted to ratify the 13th Amendment to the Constitution, pushing the total of states past the three-fourths margin required, 27 of 36 states. Secretary of State William Seward proclaimed the amendment ratified 12 days later, on December 18.

But we celebrate it in February.

February 1 is National Freedom Day in the U.S.

Text courtesy of the Legal Information Institute at Cornell University, 36 U.S. Code § 124 reads:

The President may issue each year a proclamation designating February 1 as National Freedom Day to commemorate the signing by Abraham Lincoln on February 1, 1865, of the joint resolution adopted by the Senate and the House of Representatives that proposed the 13th amendment to the Constitution.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.)

The Library of Congress collects original documents teachers and students can use to study the 13th Amendment; here’s the full page, copied in case they change it:

Primary Documents in American History

13th Amendment to the U.S. Constitution

Thomas Nast's celebration of the emancipation of Southern slaves with the end of the Civil War.
Thomas Nast.
Emancipation.
Philadelphia: S. Bott, 1865.
Wood engraving.
Prints and Photographs Division.
Reproduction Number:
LC-USZ62-2573

The 13th Amendment to the Constitution declared that “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” Formally abolishing slavery in the United States, the 13th Amendment was passed by the Congress on January 31, 1865, and ratified by the states on December 6, 1865.

Library of Congress Web Site | External Web Sites | Selected Bibliography

Digital Collections

A Century of Lawmaking for a New Nation

This collection contains congressional publications from 1774 to 1875, including debates, bills, laws, and journals.

References to debate on the 13th Amendment (S.J. Res. 16) can be found in the Congressional Globe on the following dates:

  • March 31, 1864 – Debated in the Senate (S.J. Res. 16).
  • April 4, 1864 – Debated in the Senate.
  • April 5, 1864 – Debated in the Senate.
  • April 6, 1864 – Debated in the Senate.
  • April 7, 1864 – Debated in the Senate.
  • April 8, 1864 – The Senate passed the 13th Amendment (S.J. Res. 16) by a vote of 38 to 6.
  • June 14, 1864 – Debated in the House of Representatives.
  • June 15, 1864 – The House of Representatives initially defeated the 13th Amendment (S.J. Res. 16) by a vote of 93 in favor, 65 opposed, and 23 not voting, which is less than the two-thirds majority needed to pass a Constitutional Amendment.
  • December 6, 1864 – Abraham Lincoln’s Fourth Annual Message to Congress was printed in the Congressional Globe: “At the last session of Congress a proposed amendment of the Constitution, abolishing slavery throughout the United States, passed the Senate, but failed for lack of the requisite two-thirds vote in the House of Representatives. Although the present is the same Congress, and nearly the same members, and without questioning the wisdom or patriotism of those who stood in opposition, I venture to recommend the reconsideration and passage of the measure at the present session.
  • January 6, 1865 – Debated in the House of Representatives (S.J. Res. 16).
  • January 7, 1865 – Debated in the House of Representatives.
  • January 9, 1865 – Debated in the House of Representatives.
  • January 10, 1865 – Debated in the House of Representatives.
  • January 11, 1865 – Debated in the House of Representatives.
  • January 12, 1865 – Debated in the House of Representatives.
  • January 13, 1865 – Debated in the House of Representatives.
  • January 28, 1865 – Debated in the House of Representatives.
  • January 31, 1865 – The House of Representatives passed the 13th Amendment (S.J. Res. 16) by a vote of 119 to 56.
  • February 1, 1865 – President Abraham Lincoln signed a Joint Resolution submitting the proposed 13th Amendment to the states.
  • December 18, 1865 – Secretary of State William Seward issued a statement verifying the ratification of the 13th Amendment.

Abraham Lincoln Papers at the Library of Congress

The complete Abraham Lincoln Papers at the Library of Congress consists of approximately 20,000 documents. The collection is organized into three “General Correspondence” series which include incoming and outgoing correspondence and enclosures, drafts of speeches, and notes and printed material. Most of the 20,000 items are from the 1850s through Lincoln’s presidential years, 1860-65.

A selection of highlights from this collection includes:

Search the Abraham Lincoln Papers using the phrase “13th amendment” to locate additional documents on this topic.

The Alfred Whital Stern Collection of Lincolniana

This collection documents the life of Abraham Lincoln both through writings by and about Lincoln as well as a large body of publications concerning the issues of the times including slavery, the Civil War, Reconstruction, and related topics.

From Slavery to Freedom: The African-American Pamphlet Collection, 1822-1909

This collection presents 396 pamphlets from the Rare Book and Special Collections Division, published from 1822 through 1909, by African-American authors and others who wrote about slavery, African colonization, Emancipation, Reconstruction, and related topics.

Chronicling America: Historic American Newspapers

Chronicling America

This site allows you to search and view millions of historic American newspaper pages from 1836 to 1922. Search this collection to find newspaper articles about the 13th Amendment.

A selection of articles on the 13th Amendment includes:

Congress.gov

Constitution of the United States of America: Analysis and Interpretation

The Constitution of the United States of America: Analysis and Interpretation (popularly known as the Constitution Annotated) contains legal analysis and interpretation of the United States Constitution, based primarily on Supreme Court case law. This regularly updated resource is especially useful when researching the constitutional implications of a specific issue or topic. It includes a chapter on the 13th Amendment. (PDF, 201 KB)

Exhibitions

The African-American Mosaic

This exhibit marks the publication of The African-American Mosaic: A Library of Congress Resource Guide for the Study of Black History and Culture. This exhibit is a sampler of the kinds of materials and themes covered by this publication. Includes a section on the abolition movement and the end of slavery.

African American Odyssey: A Quest for Full Citizenship

This exhibition showcases the African American collections of the Library of Congress. Displays more than 240 items, including books, government documents, manuscripts, maps, musical scores, plays, films, and recordings. Includes a brochure from an exhibit at the Library of Congress to mark the 75th Anniversary of the 13th Amendment.

American Treasures of the Library of Congress: Abolition of Slavery

An online exhibit of the engrossed copy of the 13th Amendment as signed by Abraham Lincoln and members of Congress.

The Civil Rights Act of 1964: A Long Struggle for Freedom

This exhibition, which commemorates the fiftieth anniversary of the landmark Civil Rights Act of 1964, explores the events that shaped the civil rights movement, as well as the far-reaching impact the act had on a changing society.

The Teachers Page

American Memory Timeline: The Freedmen

The Emancipation Proclamation and Thirteenth Amendment freed all slaves in the United States. This page links to related primary source documents.

Link disclaimerExternal Web Sites

The Collected Works of Abraham Lincoln, Abraham Lincoln Association

Documents from Freedom: A Documentary History of Emancipation, 1861-1867, University of Maryland

End of Slavery: The Creation of the 13th Amendment, HarpWeek

“I Will Be Heard!” Abolitionism in America, Cornell University Library, Division of Rare and Manuscript Collections

Landmark Legislation: Thirteenth, Fourteenth, & Fifteenth Amendments, U.S. Senate

Mr. Lincoln and Freedom, The Lincoln Institute

Our Documents, 13th Amendment to the U.S. Constitution, National Archives and Records Administration

Proclamation of the Secretary of State Regarding the Ratification of the Thirteenth Amendment, National Archives and Records Administration

Proposed Thirteenth Amendment Regarding the Abolition of Slavery, National Archives and Records Administration

The Thirteenth Amendment, National Constitution Center

Selected Bibliography

Avins, Alfred, comp. The Reconstruction Amendments’ Debates: The Legislative History and Contemporary Debates in Congress on the 13th, 14th, and 15th Amendments. Richmond: Virginia Commission on Constitutional Government, 1967. [Catalog Record]

Hoemann, George H. What God Hath Wrought: The Embodiment of Freedom in the Thirteenth Amendment. New York: Garland Pub., 1987. [Catalog Record]

Holzer, Harold, and Sara Vaughn Gabbard, eds. Lincoln and Freedom: Slavery, Emancipation, and the Thirteenth Amendment. Carbondale: Southern Illinois University Press, 2007. [Catalog Record]

Maltz, Earl M. Civil Rights, the Constitution, and Congress, 1863-1869. Lawrence, Kan.: University Press of Kansas, 1990. [Catalog Record]

Richards, Leonard L. Who Freed the Slaves?: The Fight Over the Thirteenth Amendment. Chicago: The University of Chicago Press, 2015. [Catalog Record]

Tsesis, Alexander, ed. The Promises of Liberty: The History and Contemporary Relevance of the Thirteenth Amendment. New York: Columbia University Press, 2010. [Catalog Record]

—–. The Thirteenth Amendment and American Freedom: A Legal History. New York: New York University Press, 2004. [Catalog Record]

Vorenberg, Michael. Final Freedom: The Civil War, the Abolition of Slavery, and the Thirteenth Amendment. Cambridge; New York: Cambridge University Press, 2001. [Catalog Record]

Younger Readers

Biscontini, Tracey and Rebecca Sparling, eds. Amendment XIII: Abolishing Slavery. Detroit: Greenhaven Press, 2009. [Catalog Record]

Burgan, Michael. The Reconstruction Amendments. Minneapolis: Compass Point Books, 2006. [Catalog Record]

Schleichert, Elizabeth. The Thirteenth Amendment: Ending Slavery. Springfield, N.J.: Enslow Publishers, 1998. [Catalog Record]

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Yes, this is mostly an encore post. Fighting ignorance requires patience.

Yes, this is mostly an encore post. Fighting ignorance requires patience.


Honoring James Madison, the go-to guy, on his birthday, March 16

March 16, 2016

James Madison, the fourth President of the United States, and the Father of the Constitution, was born March 16, 1751, in the Tidewater area of Virginia.

Is it sinful that we do not celebrate his birthday with a federal holiday, fireworks, picnics and speeches and concerts?

Maybe you could fly your flag today.  If the neighbors ask why, tell them you’re flying it for freedom on James Madison’s birthday.  They’ll say, “Oh,” and run off to Google Madison.  You will have struck a blow for the education that undergirds democracy.

Journalists honor Madison on his birthday, and through the week in which his birthday occurs, with tributes to the First Amendment which he wrote, and celebrations of Freedom of Information Laws and press freedoms, two issues dear to Madison’s heart.

There is much, much to celebrate about him.

A few years ago I was asked to talk about freedom to a group of freedom lovers in North Texas.  I chose to speak about James Madison’s remarkable, and too-often unremarked-upon life. Later, when I started this blog, I posted it here, with an introduction.  All of that is below, in honor of the birth of James Madison.

Did you know that Madison is the shortest man ever to have been president?  His stature is measured in freedom, not in feet and inches.

(Originally a post on July 31, 2006)

James Madison, 1783, by Charles Wilson Peale. Library of Congress collection

James Madison, 1783, miniature by Charles Wilson Peale. Madison would have been 32. Library of Congress collection

I don’t blame students when they tell me they “hate history.”  Heaven knows, they probably have been boringly taught boring stuff.

For example, history classes study the founding of the United States. Especially under the topical restrictions imposed by standardized testing, many kids will get a short-form version of history that leaves out some of the most interesting stuff.

Who could like that?

Worse, that sort of stuff does damage to the history and the people who made it, too.

James Madison gets short shrift in the current canon, in my opinion. Madison was the fourth president, sure, and many textbooks note his role in the convention at Philadelphia that wrote the Constitution in 1787. But I think Madison’s larger career, especially his advocacy for freedom from 1776 to his death, is overlooked.

Madison was the “essential man” in the founding of the nation, in many ways. He was able to collaborate with people as few others could, in order to get things done, including his work with George Mason on the Virginia Bill of Rights, with George Washington on the Constitution and national government structure, Thomas Jefferson on the structure and preservation of freedom, Alexander Hamilton on the Constitution and national bank, and James Monroe on continuing the American Revolution.

We need to look harder at the methods and philosophy, and life, of James Madison. This is an opinion I’ve held for a long time. Below the fold I reproduce a “sermon” I delivered to the North Texas Church of Freethought in November 2001.

James Madison White House portrait, John Vanderlyn, 1816

James Madison’s official White House portrait, by John Vanderlyn in 1816; in the White House collection

I have left this exactly as it was delivered, though I would change a few things today, especially emphasizing more the key role George Washington played in pushing Madison to get the Constitution — a view I came to courtesy of the Bill of Rights Insitute and their outstanding, week-long seminar, Shaping the Constitution: A View from Mount Vernon 1783-1789. The Bill of Rights Institute provides outstanding training for teachers, and this particular session, at Washington’s home at Mount Vernon, Virginia, is well worth the time (check with the Institute to see whether it will be offered next year — and apply!). I am especially grateful to have had the opportunity to discuss these times and issues with outstanding scholars like Dr. Gordon Lloyd of Pepperdine University, Dr. Adam Tate of Morrow College, and Dr. Stuart Leibiger of LaSalle University, during my stay at Mount Vernon.

James Madison by Gilbert Stuart c. 1821

James Madison, portrait by Gilbert Stuart c. 1821; National Portrait Gallery

My presentation to the skeptics of North Texas centered around the theme of what a skeptic might give thanks for at Thanksgiving. (It is available on the web — a misspelling of my name in the program carried over to the web, which has provided me a source of amusement for several years.)

Here is the presentation:

Being Thankful For Religious Liberty

As Presented at the November, 2001 Sunday Service of The North Texas Church of Freethought

Historians rethink the past at least every generation, mining history for new insights or, at least, a new book. About the founders of this nation there has been a good deal of rethinking lately. David McCullough reminds us that John Adams really was a good guy, and that we shouldn’t think of him simply as the Federalist foil to Thomas Jefferson’s more democratic view of the world. Jefferson himself is greatly scrutinized, and perhaps out of favor — “American Sphinx,” Joseph Ellis calls him. The science of DNA testing shows that perhaps Jefferson had more to be quiet about than even he confessed in his journals. While Jefferson himself questioned his own weakness in his not freeing his slaves in his lifetime, historians and fans of Jefferson’s great writings wrestle with the likelihood of his relationship with one of his own slaves (the old Sally Hemings stories came back, and DNA indicates her children were fathered by a member of the Jefferson clan; some critics argue that Jefferson was a hypocrite, but that was Jefferson’s own criticism of himself; defenders point out that the affair most likely was consensual, but could not be openly acknowledged in Virginia at that time). Hamilton’s gift to America was a financial system capable of carrying a noble nation to great achievement, we are told – don’t think of him simply as the fellow Aaron Burr killed in a duel. Washington is recast as one of the earliest guerrilla fighters, and in one book as a typical gentleman who couldn’t control his expenses. Franklin becomes in recent books the “First American,” the model after which we are all made, somehow.

Of the major figures of these founding eras, James Madison is left out of the rethinking, at least for now. There has been no major biography of Madison for a decade or more, not since Ralph Ketcham’s book for the University of Virginia press. Madison has a role in Joseph Ellis’s Founding Brothers, but he shares his spotlight with Hamilton and Jefferson. I think this is an oversight. As we enter into the first Thanksgiving season of the 21st century, we would do well to take a look back at Madison’s life. Madison gives us a model of reason, and more important, a model of action coupled to reason. America’s founding is often depicted as a time of great thunder — if not the thunder of the lightning Ben Franklin experimented with, an experiment he parlayed into worldwide respect for Americans, it is the thunder of the pronouncements of Thomas Jefferson in the Declaration of Independence, or of George Washington, just generally thundering through history.

The use of a bolt of lightning as a symbol for this group is inspired, I think. I’m a great fan of Mark Twain, and when I see that bolt of electricity depicted I think of Twain’s observation:

“Thunder is good; thunder is impressive. But it is lightning that does the work.”

Thunder at the founding is impressive; where was the lightning?

I’d like to point out two themes that run through Madison’s life, or rather, two activities that we find him in time and again. Madison’s life was marked by periods of reflection, followed by action as a result of that reflection.

We don’t know a lot about Madison’s youth. He was the oldest son of a wealthy Virginia planter, growing up in the Orange County area of Tidewater Virginia. We know he was boarded out for schooling with good teachers – usually clergymen, but occasionally to someone with expertise in a particular subject – and we know that he won admission to Princeton to study under the Rev. John Witherspoon, a recent Presbyterian transplant from across the Atlantic. Madison broke with tradition a bit in attending an American rather than an English school. And after completing his course of study he remained at Princeton for another year to study theology directly under Witherspoon, with an eye toward becoming a preacher.

Witherspoon is often held up as an example of how religion influenced the founders, but he was much more of a rationalist than some would have us believe. He persuaded the young Madison that a career in law and politics would be a great service to the people of Virginia and America, and might be a higher calling. After a year of this reflection, Madison returned to Virginia and won election to local government.

In his role as a county official Madison traveled the area. He inspected the works of government, including the jails. He was surprised to find in jail in Virginia people accused of — gasp! — practicing adult baptism. In fact Baptists and Presbyterians were jailed on occasion, because the Anglican church was the state church of Virginia, and their practicing their faith was against the common law. This troubled Madison greatly, and it directed an important part of his work for the rest of his life. In January of 1774, Madison wrote about it to another prominent Virginian, William Bradford:

“Poverty and Luxury prevail among all sorts: Pride ignorance and Knavery among the Priesthood and Vice and Wickedness among the Laity. This is bad enough. But it is not the worst I have to tell you. That diabolical Hell conceived principle of persecution rages among some and to their eternal infamy the Clergy can furnish their Quota of Imps for such business. This vexes me the most of any thing whatever. There are at this time in the adjacent County not less than 5 or 6 well meaning men in close Gaol for publishing their religious Sentiments which in the main are very orthodox. I have neither patience to hear talk or think of any thing relative to this matter, for I have squabbled and scolded abused and ridiculed so long about it, to so little purpose that I am without common patience. So I leave you to pity me and pray for Liberty of Conscience to revive among us.”

By April, Madison’s views on the matter had been boiled down to the essences, and he wrote Bradford again more bluntly:

“Religious bondage shackles and debilitates the mind and unfits it for every noble enterprise.”

Madison must have done a fine job at his county duties, whatever they were, because in 1776 when Virginia was organizing its government to survive hostilities with England, Madison was elected to the legislative body.

Madison was 25, and still raw in Virginia politics. He was appointed to the committee headed by George Mason to review the laws and charter of the colony. Another who would serve on this committee when he was back from Philadelphia was Thomas Jefferson. George Mason was already a giant in Virginia politics, and by the time Madison got to Williamsburg, Mason had already completed much of the work on a bill of rights to undergird the new Virginia government. Madison noted that freedom of religion was not among the rights enumerated in Mason’s version — but it was too late, Mason said. The work was done.

Madison quietly went to work on Mason, in committee, over dinner, during social occasions — noting the great injustice of jailing people solely because of their beliefs, and urging to Mason that it did Virginia no good to keep these fathers from providing for their families.

Mason ultimately agreed to accept the amendment.

The pattern was set.

Perhaps a better example of this reflection and action cycle occurred nearly a decade later. By 1785 the war was over, independence was won, but the business of government continued. While serving as governor of Virginia, Thomas Jefferson had drafted about 150 proposals for laws, really a blueprint for a free government. About half of these proposals had been passed into law. By 1785, Jefferson was away from Virginia, representing the Confederation of colonies in Paris. Jefferson had provided several laws to disestablish religion in Virginia, and to separate out the functions of church and state. With Jefferson gone, however, his old nemesis Patrick Henry sought to roll back some of that work. Henry proposed to bring back state support for the clergy, for the stated purpose of promoting education. (Yes, this is the same battle we fight today for church and state separation.) After Jefferson’s troubled term as governor, Virginia turned again to Henry – Henry ultimately served six terms as governor. His proposal was set for a quick approval in the Virginia assembly. It was late in the term, and everyone wanted to get home.

Henry was, of course, a thundering orator of great note. Madison was a small man with a nervous speaking style, but a man who knew the issues better than anyone else in almost any room he could be in. Madison came up with an interesting proposal. Picking the religion for the state was serious stuff, he said. A state doesn’t want to pick the wrong religion, and get stuck with the wrong god, surely – and such weighty matters deserve widespread support and discussion, Madison said. His motion to delay Henry’s bill until the next session, in order to let the public know and approve, was agreed to handily.

You probably know the rest of this story. With a year for the state to reflect on the idea, Madison wrote up a petition on the issue, which he called a “Memorial and Remonstrance.” In the petition he laid out 15 reasons why separation of church and state was a superior form of government, concluding that in the previous 1,500 years, every marriage of church and state produced a lazy and corrupt church, and despotic government. Madison’s petition circulated everywhere, and away from Patrick Henry’s thundering orations, the people of Virginia chose Madison’s cool reason.

When the legislature reconvened in 1786, it rejected Henry’s proposal. But Madison’s petition had been so persuasive, the legislature also brought up a proposal Thomas Jefferson had made six years earlier, and passed into law the Virginia Statue for Religious Freedom.

This was a great victory for Madison, and for Virginia. He celebrated by convening a convention to settle disputes between Virginia and Maryland about navigation on the Chesapeake Bay. Having reflected on the nature of this issue — a dispute between colonies — Madison had sought advice from others having the same problems, such as New York and New Jersey. In that effort he got the support of a New Yorker working on the same problems, Alexander Hamilton. In the course of these discussions Madison thought it clear that the difficulty lay with the form of government that bound the colonies together under the Articles of Confederation. Hamilton agreed, and they got their respective states and conferences to agree to meet in Philadelphia in 1787 to try to fix those problems. [Since I first wrote this, I’ve learned that it was George Washington’s desire to get a federal government, to facilitate the settling of the Ohio River Valley where Washington had several thousands of acres to sell, that prompted him to push Madison into the Annapolis Convention, and who made the introduction between Madison and Washington’s old aide and friend, Alexander Hamilton; Madison’s work with Washington runs much deeper than I orignally saw.]

James Madison, painted in 1792 by Charles Wilson Peale. Saatchi Gallery image

James Madison, painted in 1792 by Charles Wilson Peale. Saatchi Gallery image

Amending the Articles of Confederation was a doomed effort, many thought. The colonies would go their separate ways, no longer bound by the need to hang together against the Parliament of England. Perhaps George Washington could have got a council together to propose a new system, but Washington had stayed out of these debates. Washington’s model for action was the Roman general Cincinnatus, who went from his plow to lead the Romans to victory, then returned to his farm, and finding his plow where he had left it, took it up again.

Madison invited Washington, and persuaded Washington to attend. Washington was elected president of the convention, and in retrospect that election guaranteed that whatever the convention produced, the colonies would pay attention to it.

You know that history, too. The convention quickly decided the Articles of Confederation were beyond repair. Instead, they wrote a new charter for a new form of government. The charter was based in part on Jefferson’s Virginia Plan, with lots of modifications. Because the Constitution resembles so much the blueprint that Jefferson had written, and because Jefferson was a great founder, many Americans believe Jefferson was a guiding light at that Philadelphia convention. It’s often good to reflect that Jefferson was in Paris the entire time. While America remembers the thunder of Washington’s presiding, Franklin’s timely contributions and Jefferson’s ideas, it was Madison who did the heavy lifting, who got Washington and Franklin to attend the meeting Madison had set up, and got Jefferson’s ideas presented and explained.

It was Madison who decided, in late August of 1787, that the convention could not hang together long enough to create a bill of rights, and instead got approval for the basic framework of the U.S. government. In Virginia a few months later, while Patrick Henry thundered against what he described as a power grab by a new government, it was Madison who assembled the coalitions that got the Constitution ratified by the Virginia ratifying convention. And when even Jefferson complained that a constitution was dangerous without a bill of rights, it was Madison who first calmed Jefferson, then promised that one of the first actions of the new government would be a bill of rights. He delivered on that promise as a Member of the House of Representatives in 1789.

It is difficult to appreciate just how deeply insinuated into the creation of America was James Madison. In big ways and small, he made America work. He took the lofty ideas of Jefferson, and made them into laws that are still on the books, unamended and unedited, more than 200 years later.

When the ratification battle was won, when Madison had won election to the House over Patrick Henry’s strong objection, partly by befriending the man Henry had picked to defeat Madison, James Monroe, Madison could have savored the moment and been assured a place in history.

James Madison in 1804, by Gilbert Stuart

James Madison in 1804, by Gilbert Stuart. Colonial Williamsburg Foundation, Williamsburg, Virginia. Gift of Mrs. George S. Robbins

That’s not what a lightning bolt does. Journeying to New York for the opening of the First Congress and the inauguration of Washington as president, Madison stopped off at Mount Vernon to visit with Washington, apparently at Washington’s request. In what was a few hours, really, Madison wrote Washington’s inaugural address. While there at Mount Vernon, Madison stumbled into a discussion by several others on their way to New York, wondering what high honorific to apply to the new president. “Excellency” was winning out over “Your highness,” until Washington turned to Madison for an opinion. Madison said the president should be called, simply, “Mr. President.” We still do.

Once in New York, Madison saw to the organizing of the Congress, then to the organizing of the inauguration. And upon hearing Washington’s inauguration address — which Madison had ghosted, remember — Congress appointed Madison to write the official Congressional response.

Years later, in Washington, Madison engineered the candidacy of Thomas Jefferson for president, and after Jefferson was elected, Madison had the dubious honor as Secretary of State of lending his name to the Supreme Court case that established the Supreme Court as the arbiter of what is Constitutional under our scheme of government, in Marbury v. Madison.

Wherever there was action needed to make this government work, it seemed, there was James Madison providing the spark.

James Madison was the lightning behind the thunder of the founding of America. We should be grateful that he lived when he did, where he did, for we all share the fruits of the freedoms he worked to obtain. And in this Thanksgiving season, let us look for appropriate ways to honor his work.

James Madison circa 1829-1839, portrait by Chester Harding. Montpelier House, image by Builly Hathorn

James Madison, 1829, portrait by Chester Harding. Montpelier House, Billy Hathorn. “In 1829, Madison came out of retirement to attend a convention for revising Virginia’s constitution. While there, he posed for this portrait by the Massachusetts painter Chester Harding.”

The Madisonian model of thoughtful reflection leading to action is one that is solidly established in psychological research. It is the model for leadership taught in business schools and military academies.

I would compare religious liberty to a mighty oak tree, under which we might seek shade on a hot summer day, from which we might draw wood for our fires to warm us in winter, or lumber to build great and strong buildings. That big oak we enjoy began its life long before ours. We enjoy its shade because someone earlier planted the seed. We enjoy our freedoms today because of men like James Madison.

How do we give thanks? As we pass around the turkey to our family, our friends, we would do well to reflect on the freedoms we enjoy, and how we got them.

Finally, remembering that someone had to plant those seeds, we need to ask: What seeds must we plant now for those who will come after us? We can demonstrate our being grateful for the actions of those who came before us by giving to those who come after us, something more to be grateful for. A life like Madison’s is a rarity. Improving on the freedoms he gave us might be difficult. Preserving those freedoms seems to me a solemn duty, however. Speaking out to defend those freedoms is an almost-tangible way to thank James Madison, and as fate would have it, there is plenty of material to speak out about. A postcard to your senators and representative giving your reasoned views on the re- introduction of the Istook Amendment might be timely now – with America’s attention turned overseas for a moment, people have adopted Patrick Henry’s tactic of trying to undo religious freedom during the distraction. I have had a lot of fun, and done some good I hope, in our local school system by asking our sons’ science and biology teachers what they plan to teach about evolution. Whatever they nervously answer — and they always nervously answer that question — I tell them that I want them to cover the topic fully and completely, and if they have any opposition to that I would be pleased to lend my name to a suit demanding it be done. We might take a moment of reflection to ponder our views about a proposed Texas “moment of silence” bill to be introduced, and then let our state representatives have our thoughts on the issue.

Do you need inspiration? Turn to James Madison’s writings. In laying out his 15-point defense of religious freedom in 1785, Madison wrote that separation of church and state is essential to our form of government:

“The preservation of a free Government requires not merely, that the metes and bounds which separate each department of power be invariably maintained; but more especially that neither of them be suffered to overleap the great Barrier which defends the rights of the people.”

How can we express our gratitude for such a foundation for religious liberty? Let loose a few lightning bolts, in remembrance of Madison.

Copyright © 2001 and 2006 by Ed Darrell. You may reproduce with attribution. Links added in May 2013.

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Connecticut flies U.S. flags for statehood, January 9

January 9, 2016

Technically, states didn’t exist at all, yet.

But on January 9, 1788, Connecticut became the fifth of the 13 colonies to ratify the proposed Constitution for the United States of America, and by that action set the date we count as Connecticut’s entery into the union.

Within 12 months, four more colonies ratified the document, totaling nine ratifications required to put the Constitution into effect.  When the government of the new nation started functioning in 1789, Connecticut was counted as the fifth state.

Connecticut capitol building, Hartford

Capitol building for Connecticut in Hartford; this photo is from the rear of the building, so the U.S. flag is flying correctly on its own right. The building was completed in 1878. The dome is covered in gold. Image from Wikimedia Commons

To avoid political scheming by anti-federalist colony governors, especially Patrick Henry in Virginia, in September 1787 James Madison proposed that the draft constitution be ratified not by legislatures in the colonies, but instead by a specially-called convention of the people of the colony.  Connecticut’s convention met first on January 3, 1788. With six days of discussion and debate, the convention passed a resolution of ratification on January 9.

So by tradition, January 9 is Connecticut’s statehood anniversary.  According to U.S. law, the Flag Code and tradition, citizens and residents of a state fly their flags on statehood anniversaries.

Happy birthday Connecticut, 228 years old.

Next date to fly the U.S. flag is January 18, 2016, to honor the birth of the Rev. Dr. Martin Luther King, Jr. January 18 is the official holiday; January 19 is the actual birthday. You may fly your colors on both dates.

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Carol Highsmith photo of Connecticut's Hall of Flags

Hall of Flags in the Connecticut State Capitol Building; photo by the great photo-historian Carol Highsmith, from the Library of Congress collection; the statue is Connecticut’s Civil War Governor, William A. Buckingham (1804-1875), honored for his personal contributions to the equipping of Connecticut’s men fighting in the Civil War;.


October 5, 1964: Heart of Atlanta Motel asked Supreme Court for right to discriminate

October 5, 2015

PG posted this photo in one of his collections at Chamblee54:

Heart of Atlanta Motel, 1956 - Special Collections and Archives,Georgia State University Library

Heart of Atlanta Motel, 1956 – Special Collections and Archives,Georgia State University Library

I wondered whether this is the motel in the case testing the 1964 Civil Rights Act — and sure enough, it is.  The case was decided, finally, by the U.S. Supreme Court in 1964, Heart of Atlanta Motel, Inc., v. United States, 379 U.S. 241 (1964) .

This important case represented an immediate challenge to the Civil Rights Act of 1964, the landmark piece of civil rights legislation which represented the first comprehensive act by Congress on civil rights and race relations since the Civil Rights Act of 1875. For much of the 100 years preceding 1964, race relations in the United States had been dominated by segregation, a system of racial separation which, while in name providing for “separate but equal” treatment of both white and black Americans, in truth perpetuated inferior accommodation, services, and treatment for black Americans.

During the mid-20th century, partly as a result of cases such as Powell v. Alabama, 287 U.S. 45 (1932); Smith v. Allwright, 321 U.S. 649 (1944); Shelley v. Kraemer, 334 U.S. 1 (1948); Sweatt v. Painter, 339 U.S. 629 (1950); McLaurin v. Oklahoma State Regents, 339 U.S. 637 (1950); NAACP v. Alabama, 357 U.S. 449 (1958); Boynton v. Virginia, 364 U.S. 454 (1960) and probably the most famous, Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), the tide against segregation began to turn. However, segregation remained in full effect into the 1960s in parts of the southern United States, where the Heart of Atlanta Motel was located, despite these decisions.

The Atlanta Time Machine, a great collection of photos in the history of Atlanta and Georgia, has more photos, and this description of the site:

The Heart of Atlanta motel, located at 255 Courtland Street NE, was owned by Atlanta attorney Moreton Rolleston Jr.  Rolleston, a committed segregationist, refused to rent rooms at his hotel to black customers.  Upon passage of the Civil Rights Act of 1964, Rolleston immediately filed suit in federal court to assert that the law was the result of an overly broad interpretation of the U.S. Constitution’s commerce clause.  Rolleston represented himself in the case, HEART OF ATLANTA MOTEL, INC. v. UNITED STATES ET AL., which  went all the way to the United States Supreme Court.  Rolleston lost when the Supreme Court ruled that Congress was well within its powers to regulate interstate commerce in such a manner.  The Hilton Hotel now stands on the former site of the Heart of Atlanta Motel.

Texts in law school rarely have illustrations.  I know the motel mostly as a citation on pages of text, great grey oceans of somnambulent text.  This case is important in civil rights, though it is mentioned almost never in history texts.  What are these cases really about?  These photos offer us insight.

The Heart of Atlanta Motel aspired to greatness in the late 1950s and 1960s — evidenced by this publicity flyer photo from the Atlanta Time Machine; notice the flag flying for the motel’s Seahorse Lounge (Atlanta is landlocked):

Heart of Atlanta Motel publicity photo - Atlanta Time Machine

Heart of Atlanta Motel publicity photo – Atlanta Time Machine; not just a podunk “motor lodge,” but a “resort motel.”  Click for larger image.

For the 1960s, this place offered great amenities, including two swimming pools and in-room breakfast service.

Flyer for the Heart of Atlanta Motel, circa 1960 - Atlanta Time Machine image

Flyer for the Heart of Atlanta Motel, circa 1960 – Atlanta Time Machine image

This photo is amusing — I can just imagine the difficulties of launching a motor boat of this size in one of the swimming pools, obviously for a publicity stunt.  The photo is dated February 27, 1960, in the Pullen Library Collection.

Boat in the pool at the Heart of Atlanta Motel, 1960 - Atlanta Time Machine image

Boat in the pool at the Heart of Atlanta Motel, 1960 – Atlanta Time Machine image

To compare how times have changed, you may want to look at this aerial photo of the area, including the Heart of Atlanta Hotel, and compare it with modern photos which show the Hilton Hotel that replaced the property.

Rolleston appears to have had a big ego.  As noted above, he represented himself in this case, and he argued it in the Supreme Court.  Here’s a picture from about that time, from the University of Missouri-Kansas City Law School “Famous Trials” site:

Moreton Rolleston, Jr., owner of the Heart of Atlanta Motel and the attorney who argued the case at the Supreme Court - UMKC Law School image

Moreton Rolleston, Jr., owner of the Heart of Atlanta Motel and the attorney who argued the case at the Supreme Court – UMKC Law School image; photo: Wayne Wilson/Leviton-Atlanta

You may decide for yourself whether this fits the old legal aphorism that a lawyer who represents himself in a case has a fool for a client.  The Oyez site at the University of Chicago provides access to the audio of the oral arguments.  Did Rolleston argue ably?  Rolleston argued against Archibald Cox, who went on to fame in the Watergate scandals.  This appears to have been Rolleston’s only appearance before the Supreme Court; it was Cox’s ninth appearance (he argued 20 cases before the Court in his career, several well known and notable ones).

Heart of Atlanta vs. United States was argued on October 5, 1964The opinion was issued on December 14, 1964, a 9-0 decision against Rolleston and segregation authored by Justice Tom C. Clark (one of Dallas’s earliest Eagle Scouts).

This was a fight Mr. Rolleston picked.  He was not cited nor indicted for violation of the Civil Rights Act, but instead asked for an injunction to prevent the law’s enforcement; according to the published decision,

Appellant, the owner of a large motel in Atlanta, Georgia, which restricts its clientele to white persons, three-fourths of whom are transient interstate travelers, sued for declaratory relief and to enjoin enforcement of the Civil Rights Act of 1964, contending that the prohibition of racial discrimination in places of public accommodation affecting commerce exceeded Congress’ powers under the Commerce Clause and violated other parts of the Constitution. A three-judge District Court upheld the constitutionality of Title II, §§ 201(a), (b)(1) and (c)(1), the provisions attacked, and, on appellees’ counterclaim, permanently enjoined appellant from refusing to accommodate Negro guests for racial reasons.

Oyez summarizes the case question:

Facts of the Case 

Title II of the Civil Rights Act of 1964 forbade racial discrimination by places of public accommodation if their operations affected commerce. The Heart of Atlanta Motel in Atlanta, Georgia, refused to accept Black Americans and was charged with violating Title II.

Question 

Did Congress, in passing Title II of the 1964 Civil Rights Act, exceed its Commerce Clause powers by depriving motels, such as the Heart of Atlanta, of the right to choose their own customers?

The decision turned on the commerce clause, and the reach of Congressional power to regulate interstate commerce.

Decision: 9 votes for U.S., 0 vote(s) against
Legal provision: Civil Rights Act of 1964, Title II

The Court held that the Commerce Clause allowed Congress to regulate local incidents of commerce, and that the Civil Right Act of 1964 passed constitutional muster. The Court noted that the applicability of Title II was “carefully limited to enterprises having a direct and substantial relation to the interstate flow of goods and people. . .” The Court thus concluded that places of public accommodation had no “right” to select guests as they saw fit, free from governmental regulation.

Good decision. As my law professors described it, Americans enjoy the right to travel, a penumbral right of the Constitution. Inherent in that right is the right to rest in a hotel or motel at the end of the day, especially along a federally-funded highway, part of the U.S. Highway system or National Defense Interstate Highway System.

Heart of Atlanta Motel is gone.  The site is occupied by the Hilton Atlanta, today.

Interstate travel, and sleeping in hotels, continues.

Yes, this is mostly an encore post. Fighting ignorance requires patience.

Yes, this is mostly an encore post. Fighting ignorance requires patience.


September 25, 1789: Bill of Rights sent to American people for approval

September 25, 2015

From the Atlanta Coin Show: A commemorative gold-clad silver half-dollar provides an image of Madison writing the Bill of Rights with his quill pen with a view of Montpelier in the background.

From the Atlanta Coin Show: A commemorative gold-clad silver half-dollar provides an image of Madison writing the Bill of Rights with his quill pen with a view of Montpelier in the background. “LIBERTY,” “JAMES MADISON,” “FATHER OF THE BILL OF RIGHTS” and “IN GOD WE TRUST” along with “1993” are shown on the half dollar’s obverse.

September 25, 1789, Congress had approved and enrolled the proposals, and sent twelve proposed amendments to the Constitution to the states for ratification.  Ten of the twelve amendments were approved, rather quickly, and by 1791 the were attached to the Constitution, known as the Bill of Rights.

The two proposals that failed to earn the required approval of three-fourths of the 13 states fell into a special limbo for Constitutional amendments that became clear only in the late 1970s when Congress discussed how long to wait for states to approve the Equal Rights Amendment (this is a much-simplified explanation, I know).  Congress put deadlines on the ratification process in the late 20th century, but the first twelve proposals had no deadlines.  In the 1980s, Congress passed a law that said any amendments floating around, unapproved, would be considered dead after a date certain.  Senate Judiciary Committee investigation found six such amendments, yet unratified.

Before that deadline passed, more states took a look at one of James Madison’s 1789 proposals, liked it, and passed it.

That amendment became the 27th Amendment to the Constitution, on May 7, 1992, 203 years after it was proposed:

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

This means James Madison, the Father of the Constitution, also proposed the first ten Amendments to the Constitution, ratified by 1791; and he also proposed the 27th Amendment, the last at the moment.

Patience is a virtue in legislative action, sometimes.

Yes, this is mostly an encore post. Fighting ignorance requires patience.

Yes, this is mostly an encore post. Fighting ignorance requires patience.


Constitution Day 2015 – Fly your flag

September 17, 2015

Happy Constitution day!  (Remember to fly your flag today.)

Have you read the U.S. Constitution lately?

Contrary to what your local Tea Party claims, it hasn’t changed.  But most people need a refresher from time to time.

First page of the U.S. Constitution, National Archives and Records Administration photo

First page of the U.S. Constitution, National Archives and Records Administration photo

Okay, maybe that’s a little tough to read.  Check out the on-line display of the National Archives and Records Administration in the Charters of Freedom section:

The Constitution Center in Philadelphia plans a full day of celebration, much of it streamed online for classroom use:

Watch as we kick off the day with a rousing reading of the Preamble of the Constitution of the United States on the museum’s front lawn!
Supreme Court Justice Stephen Breyer meets with students for a town hall conversation about his work with the Constitution and the ins and outs of his job!
Join a virtual tour of the museum, including Signers’ Hall and The Story of We the People, followed by a conversation with Judge Marjorie O. Rendell of the U.S. Court of Appeals for the Third Circuit!
Justice Stephen Breyer returns to discuss his latest book, The Court and the World: American Law and the New Global Realities, as well as how American law applies in international contexts.
Catch the newest edition of our award-winning video series and join our staff for a live discussion about Constitution Day! The chat will be available until September 23, from 7 AM to 6 PM EDT.
Follow along with our festivities on social media and share your own celebration! Join the conversation with @ConstitutionCtr and #ConstitutionDay!

Justice Stephen Breyer’s interview alone should be worth the price of admission. He’s taking on the bizarre notion that U.S. judges should never look to see what foreign courts and legislatures do. That view has led to state laws recently that claim to ban local courts’ use of foreign law.

In the year of the 800th anniversary of the Magna Carta? Hello?

Odd fact for Constitution Day: There is no direct mention of a U.S. flag in the Constitution.

More:

 

Rotunda for the charters of Freedom at Nationa...

Rotunda for the charters of Freedom at National Archives (NARA) building in Washington, D.C. Here displayed are the Declaration of Independence, the Bill of Rights, and the U.S. Constitution. (Photo credit: Wikipedia)

#ConstitutionDay

This is an encore post.

This is an encore post.


March 16, Freedoms Day 2015 – How to celebrate James Madison?

March 16, 2015

Celebrations of James Madison, who was born on March 16, 1751, fall to second tier, a paragraph if we’re lucky in your local newspaper’s “today in history” feature.

March 16 is not a holiday.  It’s not even a Flag Flying Day (though, if you left your flag up for March 15th’s anniversary of Maine’s statehood . . . no one would notice).

Secretary of State James Madison, who won Marb...

Secretary of State James Madison, who won Marbury v. Madison, but lost Judicial review. Photo: Wikipedia

Should we leave James Madison out of our celebrations of history with such vengeance?

Madison left a great legacy.  The question is, how to honor it, and him?

  • Madison is known popularly, especially for elementary school history studies (the few that are done anymore), as the Father of the Constitution.  It’s fitting:  Madison engaged in a great, good conspiracy with George Washington and Alexander Hamilton to get the convention to “amend” the Articles of Confederation and create a better, probably stronger, national government.  But Washington stayed behind the scenes, and pulled very few strings Madison didn’t tell him to pull. Hamilton’s support from New York was weak; while Hamilton played a hugely important role in getting the convention called, and in getting New York to ratify the Constitution with the creation of the Federalist Papers project, the day-to-day operation of the convention and direction of the political forces to make it work, fell to Madison.
  • Madison’s notes on the Philadelphia convention give us the best record of the then-secret proceedings. 

    English: James Madison, fourth president of th...

    Notice the error in this caption:  “James Madison, fourth president of the United States wrote the Constitution at his estate near Orange Virginia, called Montpelier. Pictured here after an extensive renovation.” Photo from Wikipedia.  (James Madison didn’t write the Constitution; it was hammered out in Philadelphia, not Montpelier; the patriot and rake Gouverneur Morris wrote out the final draft.)

  • Madison devised the scheme of getting conventions to ratify the Constitution, instead of colonial/state legislatures.  He had Patrick Henry in mind.  Henry opposed any centralized government for the colonies, to the point that he refused to attend the Philadelphia convention when he was appointed a delegate; by the end of the convention, Henry was off to another term as governor where he hoped to orchestrate the defeat of ratification of the constitution in the Virginia legislature.  Madison circumvented that path, but Henry still threw up every hurdle he could.  (Henry organized the anti-federalist forces in the Virginia Convention, and hoping to kill the Constitution, called it fatally flawed for having no bill of rights; when Madison’s organizing outflanked him, especially with a promised to get a bill of rights in the First Congress, Henry blocked Madison’s election to the U.S. Senate, and organized forces to stop his popular election to the U.S. House.  That failed, ultimately, and Madison pushed the legislative package that became the Bill of Rights).
  • Andrew Hamilton started writing a series of newspaper columns, with John Jay, to urge New York to ratify of the Constitution; but after Jay was beaten nearly to death by an anti-federalist mob, Hamilton invited Madison to step in and help.  Madison ended up writing more than Hamilton and Jay put together, in that collection now known as The Federalist Papers.
  • Madison backed down George Mason, and got the great defender of citizens’ rights to add religious freedom to the Virginia Bill of Rights, in 1776.  Religious freedom and freedom of conscience became a life-long crusade for Madison, perhaps moreso than for Thomas Jefferson.
  • A sort of protege of Thomas Jefferson, Madison pushed much of Jefferson’s democratic and bureaucratic reforms through the Virginia legislature, into law.  Especially, it was Madison who stoppped Patrick Henry’s plan to have Virginia put preachers on the payroll, and instead pass Jefferson’s Statute for Religious Freedom into law in 1786.
  • Madison wrote the best defense of American religious freedom in the Memorial and Remonstrance, a petition to the Virginia legislature to get Jefferson’s bill passed.
  • Madison sponsored and passed more Constitutional Amendments than anyone else in history.  We have 27 amendments to our Constitution.  Madison pushed through the first 10, now known as the Bill of Rights.  In the original package proposed out of Congress were a dozen amendments.  One of those became salient again in the late 20th century, and was finally ratified in 1992 — the 27th Amendment.  Madison is the author of 11 of the 27 amendments, including the first ten and the last one.
  • Yeah, James Madison was the defendant in Marbury v. Madison; he made history even when he didn’t do anything
  • Madison is the only president to face enemy gunfire while president, commanding troops on the frontlines during the British invasion of Washington in 1814.
  • Madison took over the creation of the University of Virginia when Jefferson’s death prevented his following through.
  • Madison’s record as an effective, law-passing legislator is rivaled only by Lyndon Johnson among the 43 people we’ve had as president.  Both were masters at get stuff done.
  • Madison is the ultimate go-to-guy for a partner In his lifetime, to the great benefit of his partners, he collaborated with George Washington to get the convention in Philadelphia; he collaborated with Ben Franklin to get Washington to be president of the Philadelphia convention, without which it could not have succeeded; he collaborated with Hamilton on the Constitution and again on the Federalist papers; he collaborated with Jefferson to secure religious freedom in 1776, 1786, and 1789; Madison collaborated with Jefferson to establish our party political system (perhaps somewhat unintentionally), and to get Jefferson elected president; Madison collaborated with Jefferson and Jay to make the Louisiana Purchase; Madison took James Monroe out of the Patrick Henry camp, and brought Monroe along to be a great federalist democrat, appointing Monroe Secretary of State in Madison’s administration, and then pushing Monroe to succeed him as president.  Also, Madison was a prize student of the great John Witherspoon at what is now Princeton; Witherspoon took Madison, studying for the clergy, and convinced him God had a greater calling for him than merely to a pulpit.

As the ultimate Second Man — when he wasn’t the First Man — Madison’s role in history should not be downplayed, not forgotten.

March 16 is Madison’s birthday (“new style”).

What would be fitting ways to celebrate Madison’s life and accomplishments, on his birthday?  Nothing done so far in the history of the Republic adequately honors this man and his accomplishments, nor begins to acknowledge the great debt every free person owes to his work.

Still, there are encouraging stirrings.

(Dolley Madison?  There are two topics for other, lengthy discussions — one on their marriage, and how they worked together; one on Dolley, a power in her own right.)

Previously, at Millard Fillmore’s Bathtub:

More:

Yes, this is mostly an encore post.  Fighting ignorance requires patience.

Yes, this is mostly an encore post. Fighting ignorance requires patience.


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