Recognizing the anniversary of the ratification of the 13th Amendment and encouraging the American people to educate and instill pride and purpose into their communities and to observe the anniversary annually with appropriate programs and activities.

Mr. Speaker, I would like to add for the record the support of the gentleman from Louisiana, Mr. Melancon, the gentleman from Illinois, Mr. Jackson, and the gentleman from New York, Mr. Bishop of H. Res. 196.

I submit the opening statements from the Congressional Globe 1865 House debate on floor consideration of S.J. Res. 16, the proposition to amend the Constitution of the United States by abolishing slavery.

And I also include the House vote on final passage of what would become the 13th Amendment to our Constitution.

Abolition of Slavery

The SPEAKER stated the question in order to be the

consideration of the motion to reconsider the vote by which

the House, on the 14th of last June, rejected Senate joint

resolution No. 16, submitting to the Legislatures of the

several States a proposition to amend the Constitution of the

United States; and that the gentleman from Ohio [Mr. Ashley]

was entitled to the floor.

Mr. ASHLEY. I yield to the gentleman from Pennsylvania [Mr.

McAllister] to have read a brief statement.

Mr. McALLISTER sent to the Clerk's desk and had read the

following: ``When this subject was before this House on a

former occasion I voted against the measure. I have been in

favor of exhausting all means of conciliation to restore the

Union as our fathers made it. I am for the whole Union, and

utterly opposed to secession or dissolution in any shape. The

result of all the peace missions, and especially that of Mr.

Blair has satisfied me that nothing short of the recognition

of their independence will satisfy the southern confederacy.

It must therefore be destroyed; and in voting for the present

measure I cast my vote against the corner-stone of the

southern confederacy, and declare eternal war against the

enemies of my country.''

[Applause from the Republican side of the House.]

Mr. ASHLEY. I now yield to the gentleman from Pennsylvania,

[Mr. Coffroth].

Mr. COFFROTH. Mr. Speaker, I speak not today for or against

slavery. I am content that this much-agitated question shall

be adjudicated at the proper time by the people. It is my

purpose to state in all candor the reasons which prompt me to

give the vote I shall soon record.

The amending of our Constitution is fraught with so much

importance to the American people that before it is

accomplished the amendments proposed should be scrutinized

with the strictest criticism. No frivolous, vague, or

uncertain experiment should be for a moment tolerated. The

life and existence of this nation is centered in the

observance and faithful execution of the powers conferred by

the Constitution upon the servants of the people.

The joint resolution before us proposes: ``That the

following article be proposed to the Legislatures of the

several States as an amendment to the Constitution of the

United States, which, when ratified by three fourths of said

Legislatures, shall be valid, to all intents and purposes, as

a part of the said Constitution, namely:

``Art. XIII, Sec. 1. 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.

Sec. 2. Congress shall have power to enforce this article

by appropriate legislation.''

The first inquiry is, has Congress this power? I turn to

the Constitution, and find article fifth provides--``The

Congress, whenever two thirds of both Houses shall deem it

necessary, shall propose amendments to this Constitution, or,

on the application of the Legislatures of two thirds of the

several States, shall call a convention for proposing

amendments, which, in either case, shall be valid to all

intents and purposes, as part of this Constitution, when

ratified by the Legislatures of three fourths of the several

States, or by Conventions in three fourths thereof, as the

one or the other mode of ratification may be proposed by the

Congress.''

It is not claimed that Congress itself can engraft this

amendment into the Constitution without being ratified by

three fourths of the States. Then, sir, under the

Constitution, Congress has no power beyond discriminating

what shall or ought to be submitted to the people. The

members of this House assume no responsibility, they enact no

amendment, but as faithful Representatives they submit to the

people, the source from whence their power comes, the

proposed amendment. ``Governments are instituted among men,

deriving their just power from the consent of the governed.''

All political power is invested in the people. At their will

constitutions can be remodeled and laws repealed.

The amending of our Constitution is no new experiment.

Already at three different times amendments have been

submitted to the Legislatures, and by them adopted. The first

amendment was ratified in 1791, the second in 1798, and the

third in 1804. It never was intended by the wise men who

adopted the Constitution that it should remain unchanged. The

growth of the nation, its progress and its advancement, will,

as time passes, demand new articles and additional

provisions. The people are the guardians of the Constitution,

and I am not convinced that any danger is to be anticipated,

as presented in the following illustrations of the gentleman

from Ohio, [Mr. Pendleton,] put with such admirable

compactness and scholastic force:

1. ``I assert that there is another limitation, stronger

even than the letter of the Constitution, and that is to be

found in its intent and spirit and its foundation idea. I put

the question which has been put before in this debate, can

three fourths of the States constitutionally change this

Government, and make it an autocracy? It is not prohibited by

the Constitution.''

2. ``Can three fourths of the States make an amendment to

the Constitution of the United States which shall prohibit

the State of Ohio from having two Houses in its Legislative

Assembly? It is not prohibited in the Constitution.''

3. ``Sir, can three fourths of the States provide an

amendment to the Constitution by which one fourth should bear

all the taxes of this Government? It is not prohibited.''

4. ``Can three fourths of the States, by an amendment to

the Constitution, subvert the State governments of one fourth

and divide their territory among the rest? It is not

forbidden.''

5. ``Can three fourths of the States so amend the

Constitution of the States as to make the northern States of

this Union slaveholding States?''

I do not think there is any power in the Constitution which

would permit three fourths of the States to change the form

of government. The Constitution provides for a republican

form of government, and to establish an autocracy would not

be amending the Constitution, but utterly destroying it, and

establishing upon its ruins a new form of government of self-

derived power.

I would not give one of the new copper two-cent piece for

the insertion into the Constitution of explicit prohibitions

against every other supposition brought forward by the

gentleman from Ohio, [Mr. Pendleton:]

``Long before three fourths of the States can become so

debauched and demoralized that they would practice such

monstrous injustice, they must have lost the sense of honor

that would be bound by a compact, and the fear of God that

would keep an oath. When these virtues have died out, no

matter what safeguards a written constitution might contain,

they would be of no more value than so much waste paper.

There are certain things which can never be attempted so long

as there is public virtue enough not to evade, explain away,

or openly violate the Constitution. It is for this reason so

little limitation was put upon the amending power.

``The actual limitations on that power operated against

natural equity, and hence the necessity for their insertion.

One of them restrained Congress from putting an end to the

slave trade prior to 1808, and the practical effect of the

other is to give New England,

which has a smaller population than New York and only a

fraction more than Pennsylvania, twelve Senators, while New

York and Pennsylvania have each only two. The Constitution

presumes that the majority of the people in three fourths of

the States cannot be corrupted; or that, if they should; they

would not afterward respect paper restraints on their

passions. A constitution is no stronger than the sense of the

moral obligation of the parties bound by it. It is futile to

take men's engagements against crimes more heinous than

breaking an engagement. You might as well swear a man not to

commit highway robbery. If he has conscience enough to

respect an oath, it would be needless, and if he has not, an

idle precaution.''

Again, it is argued that this amendment is

unconstitutional; that the Congress of the United States has

no legal authority to propose this amendment, not have the

States in ratifying it the constitutional power to destroy or

interfere with the right of property. Learned gentlemen of

this House differ on this subject. The Constitution itself

provides the remedy by which all these differences of opinion

can be legally adjudicated. Section two of article three

provides:

``The judicial power shall extend to all cases in law and

equity arising under this Constitution.''

In my opinion, if any person is injured by this amendment,

he has a judicial remedy before the highest court of the

country.

If the States of the South desire to retain slavery, they

can do so by refusing to ratify this amendment. There are

thirty-five States. In order to adopt this amendment twenty-

seven States must ratify it. Eleven States have seceded from

the Union. This is more than is required to defeat the

amendment. Certainly no one will pretend to argue that this

amendment can be adopted without being submitted to the

eleven seceded States. If it was, these States would not be

considered a part of the Union. In fact it would be, to all

intent and purpose, recognizing them as independent States,

and not being under the control of the Federal Constitution.

If this view is taken, then this amendment can do no harm

to the people of the States in the Union. In June last, my

objection to this amendment was that it was taking away the

property of the people of the States that remained true to

the Union; that the Constitution was made the means to

oppress rather than protect the people. Since that time

Missouri and Maryland have abolished slavery by their own

action, and the Governor of Kentucky in his message

recommends to the Legislature of that State gradual

emancipation. The same objection which was then urged against

this amendment cannot now be urged.

It is argued that new State governments will be formed in

the seceding States under the control of military governors,

and this amendment ratified by them. Whether this amendment

would be binding upon the people of the seceded States thus

ratified will depend entirely upon the results of this war.

If after a long struggle, and each of the contending armies

or Powers will conclude to adopt the wise and humane policy

of a peaceful solution of the difficulties now existing, all

of the acts of the State governments formed by military power

will be invalid, and the old organization of these States

recognized. In this event the ratifications by the new-made

State governments will not be worth the paper upon which they

are written. If the South achieve her independence, then this

amendment will only apply to that which does not exist. If

the people of the South are subjugated and their State lines

obliterated, and they are ever admitted into this Union under

new constitutions, each and every one of the constitutions

will have to come free from slavery before the State will be

admitted.

The South would not remain in the Union under the

Constitution as it now is; they demanded stronger guarantees

for their institution of slavery. Can any intelligent person

believe that after fighting as they have for nearly four

years they will accept that which they rejected before the

war? If they will not come back under the Constitution, why

not abolish slavery; strike from our statute-books every

enactment which protects it; make our Constitution and our

laws free from the subject of slavery? And then, when this

unfortunate, inhuman, barbarous, and bloody war has been

prolonged until every heart shall turn sick with its carnage

and the reports of its wrongs and outrages, and the people

demand a cessation of hostilities until it be ascertained if

glorious peace cannot be accomplished by compromise and

concession, there will be no obstacles in the Constitution to

defeat the accomplishing of a much desired result. We will be

free to give new guarantees or new amendments to protect the

rights and property of every person who shelters himself

under the American Constitution.

Again, I have voted for every peace resolution offered in

this House. My heart yearns for peace. The gentleman on the

other side of this Chamber refused to appoint peace

commissioners, but they tell us this amendment will do more

to secure peace than any resolution proposed in this House.

Although they would not try the remedy we presented, I am

willing to try the one they present; and if by my vote this

amendment is submitted to the States, and it brings this war

to a close, I will ever rejoice at the vote I have given; but

if I am mistaken, I will remember it is not the first time.

Mr. Speaker, I desire above all things that the Democratic

party be again placed in power. The condition of the country

needs the wise counsel of the Democracy. The peace and

prosperity of this once powerful and happy nation require it

to be placed under Democratic rule. The history of the past

demonstrates this. The question of slavery has been a

fruitful theme for the opponents of the Democracy. It has

breathed into existence fanaticism, and feeds it with such

meat as to make it ponderous in growth. It must soon be

strangled or the nation is lost. I propose to do this by

removing from the political arena that which has given it

life and strength. As soon as this is done fanaticism

``Writhes with pain, And dies among its worshipers.''

Then the rays of truth will be unshaded, and once more our

people rejoice in the salvation of their country, and of the

reinstating in power that party which made this country

great, and which has done so much to secure to man civil and

religious liberty.

Many of the honorable gentlemen of this House with whom I

am politically associated may condemn me for my action today.

I assure them I do that only which my conscience sanctions

and my sense of duty to my country demands. I have been a

Democrat all the days of my life. I learned my Democracy from

that being who gave me birth; it was pure; it came from one

who never told me an untruth. All my political life has been

spent in defending and supporting the measures which I

thought were for the good of the party and the country. My

energy, my means, and my time were all given for the success

of the Democratic cause. I am no Democrat by mere profession,

but I have always been a working one. If by my action today I

dig my political grave, I will descend into it without a

murmur, knowing that I am justified in my action by a

conscientious belief I am doing what will ultimately prove to

be a service to my country, and knowing there is one dear,

devoted, and loved being in this wide world who will not

bring tears of bitterness to that grave, but will strew it

with beautiful flowers, for it returns me to that domestic

circle from whence I have been taken for the greater part of

the last two years.

Knowing my duty, I intend to perform it, relying upon the

intelligence and honesty of the people I represent to do me

justice. If this action shall be condemned by my people, I

will go back with pleasure to the enjoyment of private life,

free from the exciting political arena; but no power on earth

will prevent me from quietly depositing my ballot in behalf

of the candidates of the Democratic Party. I hope I will be

granted the pleasure of reading the eloquent speeches made by

my Democratic associates, and admire their rise and onward

march to distinction. This boon I pray you not to take from

me.

If, on the other hand, the course of the Democrats who will

vote for amendment will meet the approbation of the people,

and we are greeted with the plaudit of ``Well done, good and

faithful servants,'' it will be the desire of our hearts to

open our arms for your reception and shelter you as the hen

shelters her brood, satisfied you were honest in your belief

but mistaken in your opinions.

The previous question was seconded, and the main question

ordered; which was on the passage of the joint resolution.

Mr. DAWSON called for the yeas and nays.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, first I want to thank the gentleman from Wisconsin (Mr. Sensenbrenner), the chairman of the Judiciary Committee, for his leadership, for his support in recognizing this important date in our Nation's history, and also for ensuring that this resolution comes to the floor in a bipartisanship way, and for your support and for really reminding the entire country now of this important date.

Let me also take a moment to thank the gentleman from Michigan (Mr. Conyers), our minority leader, who worked very hard with the gentleman from Wisconsin to bring this resolution today.

The gentleman continues to lead Congress in the civil rights tradition that actually began 140 years ago. From renewing the Voting Rights Act of 1965, to protecting the victims of Hurricane Katrina, he is a tireless advocate for civil rights and civil liberties for all Americans.

Let me also take a moment to thank our staff on both sides for their diligence and very competent work in bringing this resolution, especially Kanya Bennett, Penny Applebaum, David Lockman and Jamila Thompson of my staff, who have worked together for over a year now on this very, very important effort.

Let me also express my appreciation to the 13th Amendment Foundation, located actually in my district. They have worked diligently to honor and to recognize this momentous occasion. And as the gentleman from Wisconsin said, it is very important that our young people, especially, are reminded of the importance of this 13th amendment and read and understand why what happened 140 years ago is very, very important to today in 2005.

I hope that everyone will support this effort to honor the 140th anniversary of the ratification of the 13th amendment.

On December 6, 1865, slavery ended and the deep roots of the modern civil rights movement were planted. The 13th amendment was a response to the Dred Scott decision of 1856, a ruling that actually declared that Congress lacked the power to prohibit slavery in our country. If the Dred Scott ruling were still in effect today, Mr. Speaker, I would not be standing here, quite frankly, as a Member of Congress, nor would the 43 great Congressional Black Caucus Members.

As someone of African descent, whether free or enslaved, I would be considered only three-fifths of a person. I would never qualify as a citizen of this country. As the descendant of people who survived the Middle Passage, who survived the cruelty of slavery, who survived reconstruction, who survived Jim Crow, I know that my life, like the lives of millions of African Americans, our lives have been inextricably linked to the 13th amendment.

As we return from celebrating the 50th anniversary of the Montgomery Bus Boycott which launched the modern civil rights movements, we really are obliged to remember this 140-year history.

In the 1860s, Representative James Ashley of Ohio, Representative James Wilson of Iowa, and Senator Charles Sumner of Massachusetts, all Republicans, led the congressional fight to abolish slavery.

This debate is a very important debate. And again, let me just talk about the vote. It was a vote of 119-56 right here on this floor. Our predecessors voted to add the following words to our Constitution:

``Section 1. 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.

``Section 2. Congress shall have the power to enforce this article by appropriate legislation.''

Although the abolition of slavery did not necessarily mean equality for all Americans, the process actually began. According to historical accounts, on the day of the House vote on January 31, 1865, the gallery, which had just been opened, mind you, to African Americans, the gallery erupted into cheers and Representatives on the House floor were visibly moved, crying and hugging each other. Twelve months later, the requisite three-fourths of the States in the Union ratified the 13th amendment and more than 100 years later another eight States followed suit.

Although not necessary, President Lincoln signed the 13th amendment to show a united front to abolish slavery in the United States. A treacherous and divisive burden was finally removed and our Nation was allowed to unite and truly begin to commit to the pursuit of life, liberty, and happiness for all. In fact, the 13th amendment was the foundation for future equal rights and legislative actions, like the 14th amendment, which ensured Federal and State rights to all individuals; the 15th amendment, which granted African American men the right to vote; and the 19th amendment, which expanded suffrage to all women, also the Civil Rights Act and the Voting Rights Act.

Protecting civil and human rights is not something that really should be taken lightly, quite frankly. It requires constant vigilance and review. As we honor this great act of our predecessors, we pay tribute to the visionaries who sacrificed and fought for our civil rights and liberty.

In 140 years, our country has fought and continues to fight to be a united country seeking liberty and justice for all. But it has been a long, hard journey; and countless individuals dedicated and continue to dedicate their entire lives towards this end. We must all pay tribute to the abolitionist movement leaders like Frederick Douglass, Sojourner Truth, Harriet Tubman, William Lloyd Garrison, Nat Turner, and John Brown.

And we have all reaped the benefits of the bravery and sacrifices of civil rights trail blazers like Dred Scott, Homer Plessy, Linda Brown, Ruby Bridges, Rosa Parks, and Dr. Martin Luther King, Jr.

There are many more individuals whose names will never ever be mentioned in the history books; but they worked hard, they fought, they sacrificed for the freedom that we all appreciate today. Collectively, we must pay homage to their legacy.

It is important that we not only honor this great day in history but

make sure that our children and our grandchildren understand its importance, not just to African Americans, but to all Americans and to the world.

This year, with all overwhelming bipartisan support, Congress passed resolutions that recognized the hemispheric survivors of the transatlantic slave trade and great historical trailblazers like the great Honorable Shirley Chisholm and Judge Constance Baker Motley.

These resolutions actually show how far we have come since the 19th century, but we also have a long, long way to go. One hundred forty years after slavery was abolished, African Americans and other minorities continue to experience social and economic injustices, as the recent Hurricane Katrina disaster magnified.

Within our own borders and throughout the world, human trafficking is rampant. It is a modern version, quite frankly, of slavery; and it must be abolished. And, of course, we witness every day discrimination against those who have no voice. Our work in Congress should be straightforward. It is our duty to reaffirm this tradition of justice, equality, and liberty for all.

We have an obligation to ensure that everyone has equal access to health care, education, liveable wages, housing, and of course economic opportunities. Clearly, we still have much work to do. We have much work to do to ensure that discrimination is eliminated, and I mean totally eliminated, and that all people are considered equal in the eyes of our laws.

The movement that began with the ratification of the 13th amendment must continue. This has not ended. We owe it not only to those who suffered and who sacrificed in the past, but more importantly we owe it to future generations. The 13th amendment liberated African Americans from the yoke of slavery. It liberated America, and we must not forget that.

I urge all of my colleagues to support this resolution. I want to thank the gentleman from Wisconsin (Mr. Sensenbrenner) again for ensuring this resolution is bipartisan.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I rise today in strong support of H. Res. 196, to recognize the ratification of the 13th Amendment to the United States Constitution, providing the final blow to eradicate the system of slavery in this great nation.

The history of slavery in North America traces back to the early- 1500s. Through various European colonies, continuing through the early years of the United States, around 6 million Africans were forcibly removed from their home and brought to North America to work as slaves. The years, however, wrought on and the conscience of this Nation came to realize the profundity of inequality that this system perpetuated. Not only were people born and raised in this country forced to work as indentured servants, but even their status as human beings was reduced to that of three-fifths of a person. This system could not continue.

Brave abolitionists working tirelessly to bring about the downfall of this inherently unjust system, many of them sacrificing their lives and their own freedoms, the tensions surrounding this issue provided one of the major breaking points for the American Civil War. With the advent of a nation turned upon itself, President Abraham Lincoln issued the Emancipation Proclamation in 1863, freeing all slaves within the Confederate States. Two years later, the 13th Amendment to the United States Constitution was proposed on the House floor and was met with cheers in support resounding from the House Gallery. Less than one year later, on December 6, 1863, Georgia's state legislature became the 27th State to pass the measure, meeting the requirement for ratification. On that day, the 13th Amendment was passed, slavery had been abolished, and our great Nation could finally put this dark period of history in our past.

Over the next five years, the remaining Civil War Amendments would be passed, including the 14th Amendment, which granted equal protection under the law, and the 15th Amendment, which granted voting rights regardless of race. Although slavery itself had been abolished, these historic achievements would set the foundation for a long struggle towards abolishing discrimination and injustice.

The 13th Amendment set a firm base for the modem-day civil rights movement, many aspects of which continue on with us today. The legacy of those who ended slavery and started us on the path to equality for all people must continue to inspire us to reach for greater tolerance, greater understanding, and greater compassion for our fellow human beings.

Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 196) recognizing the anniversary of the ratification of the 13th Amendment and encouraging the American people to educate and instill pride and purpose into their communities and to observe the anniversary annually with appropriate programs and activities.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on House Resolution 196 currently under consideration.

Mr. Speaker, I yield myself as much time as I may consume.

Mr. Speaker, I rise in support of House Resolution 196, a resolution recognizing the anniversary of the ratification of the 13th amendment and encouraging the American people to educate and instill pride and purpose into their communities and to observe the anniversary annually with appropriate programs and activities.

In his Emancipation Proclamation of 1862, President Lincoln declared that, ``All persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thence forward and forever free.''

However, it took the ratification of the 13th amendment on December 6, 1865 to put an end officially to our Nation's tragic history and to extend to all citizens the promises and guarantees upon which this country was founded.

The first of three amendments known as the Civil War amendments, the 13th amendment liberated African Americans, enabling them and all Americans to experience the full meaning of citizenship and equal treatment under the law, including participation in the most fundamental aspects of our Democratic system of Government without regard to race or previous condition of servitude.

It is against this backdrop that the modern civil rights moment was born, and in this spirit that the Committee on the Judiciary, under my direction, is now examining certain provisions of the Voting Rights Act that are set to expire in 2007.

The 140th anniversary of the 13th amendment is an important mark in our history, and should serve as a reminder to all of our Nation's past. Most importantly, this anniversary provides an opportunity to reaffirm our collective commitment to continue striving toward a color- blind society.

I urge my colleagues to support this resolution.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, one hundred and forty years ago, this Nation established the foundation with which it could advance freedom and equality for all of its people.

On December 6, 1865, the required 27 of the then 36 states ratified the 13th Amendment of the United States Constitution. The 13th Amendment states that ``neither slavery nor involuntary servitude . . . shall exist within the United States.''

This profound declaration completed the abolition of slavery which had begun with President Abraham Lincoln's Emancipation Proclamation of 1863. The 13th Amendment marked the official end of the institution of slavery and signified a turning point in America.

The 13th Amendment is the very bedrock on which all of our civil rights laws and protections stand. The 13th Amendment led to the 14th Amendment of 1868 which provides equal protection under the law to all citizens and clarified that African Americans are citizens. Today, the 13th Amendment has led to the Voting Rights Act of 1965--a protection that we are now in the process of re-authorizing.

As we commemorate the 140th anniversary of the 13th Amendment, we must appreciate the principles that the 13th Amendment has advanced-- these principles of freedom and equality. However, on this anniversary, this nation must pledge to eradicate from society those ills that hinder us from continuing the legacy of the 13th Amendment.

Today, 1 in 9 African Americans cannot find a job; 1 in 5 African Americans is uninsured; and 1 in 4 African Americans lives in poverty. These statistics are simply unacceptable.

Let us mark the 140th anniversary of the 13th Amendment with a commitment to eliminate these social and economic inequalities.