Voting & Representation

Unit

Voting & Representation

Years: 1865–1876

Economy & Society

Historical Events, Movements, and Figures

01

Prior Knowledge

Prior to this lesson, students should be familiar with the history of enslavement in the United States and the ideology of White supremacy that was used to justify enslaving Black people. Students should have knowledge of the causes of the Civil War, the Emancipation Proclamation, and the role of Black troops in the Union war effort.

Students should understand the significance of voting rights in a democratic society.

You may want to consider prior to teaching this lesson:  The Freedman’s Bureau

02

Student Objectives

  • Explain how the right to vote protects minority groups in a democracy
  • Describe why and how African American men were guaranteed the right to vote
  • Identify stereotypes and analyze how they were used in the media to undermine the Reconstruction governments
  • Closely read historical documents for meaning and point of view
  • Analyze historical images to determine meaning and point of view
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03

Organizing Idea

Voting rights for African American men were achieved through the efforts of African Americans fighting for their constitutional rights, as well as the political dynamics of the Reconstruction era. While Republicans sought to secure meaningful equality for freedpeople, Southern Democrats aimed to re-subjugate African Americans. This increased political power for African Americans was met with backlash, as the ideology of White supremacy persisted, unaddressed.

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04

Teacher Context

Voting rights for African American men were achieved through the efforts of African Americans fighting for their constitutional rights, as well as the political dynamics of the Reconstruction era. While Republicans sought to secure meaningful equality for freedpeople, Southern Democrats aimed to deny African Americans civil rights and limit their opportunities.

 

The Cases for Suffrage

When the Civil War ended in April 1865, the fate of African Americans remained uncertain as the rights of citizenship did not accompany the Emancipation Proclamation executive order. The freedpeople fervently and urgently held to the understanding that they were entitled to all the rights of free citizens in a democracy. In events held in the southern states shortly after the war, such as the Freedmen’s Conventions and Homestead Act Conventions, African Americans voiced their concerns, strategized, and made efforts to mobilize to secure their rights as citizens. Yet African Americans continued to reckon with the reality of a society unwilling to respond in both word and deed. Thus, the right to suffrage was integral to ensuring rights and representation for African Americans, as it provided a means to influence policies and secure protections under the law.

African American suffrage also held importance and urgency for members of the Republican Party. The Republican party, founded in the 1850s as a party opposed to the expansion of slavery, included many early members who were abolitionists. Abolitionist members of the Republican party believed strongly in the rights of African Americans. They held that the end of slavery, without civil rights, left freedpeople enslaved in all but name. For other Republicans, there was a growing acknowledgment that their grip on Congress was tenuous and the enfranchisement of African Americans was a way to gain political support. By granting voting rights to African American men, these Republicans hoped to secure support for their party and its policies. Though disparate, these beliefs brought Republicans together and led them to join forces with African Americans in taking measures to ensure male suffrage.

However, full citizenship and representation seemed unlikely as President Andrew Johnson’s plan for Reconstruction began to formalize.

Johnson believed that “white men alone must manage the South.” As a result, many officials who had once served in the rebel government were allowed to be reelected to the newly reconstructed state governments, including nine former Confederate congressmen. 

Johnson’s Reconstruction plan also permitted the former Confederate states to re-enter the Union under lenient provisions. Emboldened by Johnson’s lenience, the former Confederates returned to office, and southern state governments began openly repudiating federal authority. These reconstructed state governments formed from 1865-66 drafted a series of laws known as Black Codes, which continued to limit the civil rights of the freedpeople, denying them the right to serve on juries, limiting their access to the courts, and strictly controlling the terms of their labor.

 

Military Reconstruction Acts of 1867

Despite President Johnson’s opposition, one of the most important measures the Republican-controlled Congress took up following the Civil War in relation to male suffrage was the Military Reconstruction Acts of 1867. The acts were intended to formally reorganize the Southern states that had seceded from the Union and to establish conditions for their readmission into the United States. Under these acts, the former Confederate states (except for Tennessee) were to be taken out of the Union and placed under the temporary rule of military governors.

Three key requirements of the Military Reconstruction Acts of 1867 were:

  1. The creation of a new state constitution that provided for universal male suffrage 
  2. The ratification by the state of the 14th Amendment, which granted citizenship rights and equal protection under the law to all persons born or naturalized in the United States, including former slaves 
  3. Military Oversight, intended to protect African American rights and prevent resistance from white supremacist groups. 

 

Fourteenth and Fifteenth Amendment

The new state governments became the nation’s first meaningful experiment in interracial (involving members of different racial groups) democracy. African Americans were represented through their votes, which tended to go to the Republican Party. They were also represented directly. For the first time, large numbers of African Americans were elected to office. As part of the Military Reconstruction Acts, new state constitutional conventions were called in each of the ten states to ratify the Fourteenth Amendment. 

Specifically, the Fourteenth Amendment, ratified in 1868, defined citizenship, stating that all persons born or naturalized in the United States are citizens of the country and of their respective states and that states cannot infringe on the rights and privileges of U.S. citizens. This guaranteed the citizenship rights of African Americans. In 1869, shortly after the new governments were formed, Congress began moving the Fifteenth Amendment forward.  The 15th Amendment to the United States Constitution, ratified in 1870 included the language that “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.” thus firmly granting African American men the right to vote. 

 

The End of Reconstruction Governments

The newly elected interracial Republican state governments in the South were met with a strong backlash. Former Confederates and White supremacists attacked them immediately, targeting African American voters and politicians in particular. Southern Democrats and their supporters claimed that the presence of “ignorant” formerly enslaved people in the voting populace led to a “tragic era” of corruption and misrule. A concerted campaign of voting fraud, terror, and violence led up to the presidential election of 1876.

In the 1876 election, Rutherford Hayes was the Republican candidate, and Samuel Tilden was the Democratic candidate. The election results were contested, and Hayes agreed to the Compromise of 1877, also known as the Hayes-Tilden Compromise or the Electoral Commission Act. This compromise was a series of informal agreements and understandings reached between representatives of the Republican and Democratic parties. Under this compromise, Hayes would be awarded the presidency. In return, Hayes agreed to several concessions sought by Southern Democrats, including the withdrawal of federal troops from the South and an end to federal intervention in Southern state politics. The withdrawal of federal troops allowed Southern Democrats to regain control of state governments across the South. As the rights of the amendments could not be ignored, in order to continue to disenfranchise African Americans other efforts like the Jim Crow laws and voter intimidation and voter suppression actions such as literacy tests and poll taxes began.

References & Further Resources

Teaching Activities: Reconstruction Period: 1865-1876, Zinn Education Project

Videos & Lesson Plans: The Reconstruction Era and the Fragility of Democracy, Facing History and Ourselves

Videos & Lesson Plans: Reconstruction: America After the Civil War. PBS. 

Cartoons & Articles: Black Voting Rights: The Creation of the Fifteenth Amendment. Harper’s Weekly.

Book: Foner, Eric. Freedom’s Lawmakers: A Directory of Black Officeholders during Reconstruction. New York: Oxford University Press, 1993.

Book: Foner, Eric. Reconstruction (Updated Edition): America’s Unfinished Revolution 1863–1877. New York: Harper Collins,  2014.

Learning for Justice-Voting Rights Timeline

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05

Teacher Tips

Many of the activities and performance tasks in this unit involve whole or small group discussion prompts. Prior to beginning a class discussion with students, make sure that you have established classroom expectations for behavior that are grounded in respect and empathy for all. Remind students of these expectations, particularly for sharing opinions with which others may not agree.

These topics may raise questions with students about the existence of “unjust laws” and the role of government in perpetuating and codifying racist attitudes and structures. Throughout the lesson, students will encounter examples of ways recently freed African Americans had their civil rights withheld or restricted through legislative means. They will also encounter the language used by those who justified these decisions based on racist attitudes. Teaching students about the way laws have been used to enable racial inequality entails asking them to confront the way power and government may be misused. Successfully broaching such emotionally-charged content requires understanding your students, their intellectual and emotional needs, and engaging with history with empathy and care. 

Within the activities there are  sources that include racist language or images that need to be treated with sensitivity. These historical expressions of racism are included in order to help students recognize and understand the ongoing influence of White supremacist ideology after enslavement. However, it is imperative that these be shared with students with great care, as they can trigger painful emotions in students, such as anger, sadness, fear, and shame. African American students may feel that their identity is under attack. Moreover, if not examined critically, these sources can perpetuate anti-Black ideas. Use the guidelines below when sharing racist content with students.

  1. Create or revisit classroom expectations for behavior that are grounded in respect and empathy for all.
  2. Consider the order of sources. Students should engage with sources that depict African Americans in a positive light prior to any sources that include racist depictions.
  3. Inform students before sharing any racist source materials. Offer a clear rationale for why you are sharing the source. Allow individual students to opt out of engaging with the source, and offer them a meaningful alternative activity. 
  4. Provide clear expectations for how students should engage with the racist content. For instance, students should never say the N-word out loud.
  5. Make space for students to reflect on their emotional reactions to seeing/reading racist content. Private journaling offers a safe way for students to reflect. This can be followed by a discussion, in which students can choose whether to share.  Be sure to validate students’ emotions. Sharing your own emotions can offer powerful modeling.
  6. Be explicit about the racist ideas included in the source. Be sure to identify images, ideas, or words as racist, analyze how they are being used and consider their impact. 
  7. Invite students to “talk back” to racist ideas. This includes coming up with counterexamples for stereotypes.
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06

Student Context

When the Civil War ended in April 1865, the fate of the newly emancipated, or freed, African Americans was uncertain. The freedpeople themselves championed for their full rights as citizens. However, at first full citizenship seemed unlikely. 

After Lincoln was assassinated, Vice President Andrew Johnson became president. Johnson began to lead the process of Reconstruction, or rebuilding society in the former Confederate states. Johnson was both conservative and stubborn. He did not consult Congress on his plan. He permitted the former Confederate states to re-enter the Union without changing who held power in the state. Believing that “white men alone must manage the South,” he made no arrangements for African Americans in former Confederate states to gain civil rights such as the right to vote.  

Under Johnson’s plan for Reconstruction, many officials who had once served in the rebel government were reelected to the newly reconstructed state governments, including nine former Confederate congressmen. Worse yet, the new state governments of 1865-66 drafted a series of laws, known as the Black Codes, which severely limited the civil rights of the freedpeople. African Americans could be forced to work with little control over the hours and terms of their labor. They were also forbidden from serving on juries and had little access to the courts.

Republicans in Congress began to worry about these developments. If the freedpeople were denied their civil rights – if their contracts were not respected and they had no way to sue if they were not paid their wage – then was the Thirteenth Amendment abolishing slavery of any use? Didn’t the freedpeople remain enslaved in all but name? To many in Congress, the Confederates seemed to be winning in peace what they had lost in war. 

Some members of the Republican party, which was founded in the 1850s as a party opposed to the expansion of slavery, believed strongly in the rights of African Americans. Other Republicans had a growing belief that their grip on Congress was tenuous and that the enfranchisement of African Americans was the way to gain political support. Though different, these two beliefs brought Republicans together and led them to join forces with African Americans in taking measures to ensure male suffrage. Republicans joined forces with African Americans and, despite initial hesitation, took steps to ensure Black men’s right to vote. (Women gained the right to vote when the Nineteenth Amendment was ratified, or made into law, in 1920.)

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07

Key Questions

01.

Why is the right to vote important in a democracy?

02.

Why might some people seek to prohibit certain groups of people from voting?

03.

Why did the Republicans support African American men’s right to vote?

04.

How did the forces of White supremacy respond to African Americans’ increasing political power?

08

Activities & Sources

Select the activities and sources you would like to include in the student view and click “Launch Student View.”

It is highly recommended that you review the Teaching Tips and sources before selecting the activities to best meet the needs and readiness of your students. Activities may utilize resources or primary sources that contain historical expressions of racism, outdated language or racial slurs.

Timeline Creation & Discussion-Voting Rights 60 minutesGr. 5 +

Begin this activity by asking students to share responses to a “Do Now” question. What requirements, if any, are there to vote in the United States today? Responses may vary somewhat by state but should include:

  • A U.S. citizen
  • Resident of an identified state
  • 18 years or older
  • Not currently incarcerated because of a felony conviction.

Inform or review with students that despite these current requirements that over the course of United States history, many groups of people did not have the right to vote and that some Americans still cannot vote. 

Introduce to students that in order to explore and visualize the historical milestones and struggles different groups have experienced they will each contribute to the creation of a Voting Rights timeline. If time does not allow for students to create the timeline you can provide a timeline to students for review. 

Divide students as desired and assign each a group that was not initially allowed to vote in America or had inequitable barriers to voting. Students should independently research using sources of your choosing to identify key events and key legislation dates leading up to federal suffrage interventions. As time allows, students can also identify key figures or movements. Groups include:

  • African American Men/Women
  • Asian American Men/Women
  • Caucasian Men/Women
  • Latino & Hispanic American Men/Women
  • Native American Men/Women
  • Young Adults aged 18-20 

Reconvene the class and invite students to share their findings in order to construct a visual anchor chart. Students should then review the chart and share noticings and wonderings with the group. As a final discussion question, discuss with students responses to the following questions.

  • Why is it important to be able to vote at all?
  • What group(s) have not experienced barriers to voting? 
  • In what ways may we still see the impact of barriers to voting today?

Reading and Discussion—Civil Rights 45 minutes

If not already provided, distribute the Student Context to students in order to ensure they understand the impact of Reconstruction on the expected outcomes of the Civil War. Then, as a class, read Frederick Douglass’s, “Reconstruction.” Because it is a difficult document, it may be best to have a different student read each paragraph aloud to the class and then clarify its meaning. 

While reading the article, discuss the questions below as a whole group or through a Turn, Pair, Share structure:

  • What is the firm principle of government that Douglass says is “deeply rooted in the minds of men of all sections of the country”?
  • Why does this principle make it difficult to ensure the rights of African Americans in the southern states?
  • Why does Douglass believe that “all the laws of the federal government” are insufficient to guarantee Black people’s civil rights?
  • Why does Douglass believe that it is important to enfranchise African American men?
  • What is the overall purpose of this article?

Federal vs. State Rights 45 minutesGr. 5 +

If not already provided, distribute the Student Context to students in order to ensure they understand the impact of Reconstruction on the expected outcomes of the Civil War. Then, as a class, read or review Frederick Douglass’s “Reconstruction.” Because it is a difficult document, it may be best to have a different student read each paragraph aloud to the class and then clarify its meaning. For students *Gr.5 + you may want to summarize and then review the quote provided. 

As a whole class discussion or an individual response ask students to consider the validity of Douglas’s words in the present day in relation to current events. 

“The arm of the Federal government is long, but it is far too short to protect the rights of individuals in the interior of distant States. They must have the power to protect themselves, or they will go unprotected…”

Compare and Contrast—Douglass and Schurz Analysis 45 minutes

Begin this activity by introducing students to Carl Schurz.

Carl Schurz was a prominent politician during the 19th century. Schurz became active in politics and the abolitionist movement when he joined the newly formed Republican Party and campaigned for Abraham Lincoln in the 1860 presidential election. Schurz was also a well known military figure. During the Civil War, he served as a Union Army general and played a key role in several battles. Following the war, Schurz became a Senator for Missouri from 1869-1875.

Then have students read Carl Schurz’s letter to President Andrew Johnson. 

As time allows, have students complete the Compare and Contrast Chart to record similarities and differences between the excerpt from Activity 1 from Frederick Douglass and this expert from Schurz. 

Ask students the following questions:

  • Where does Schurz stand in relation to voting rights for African Americans?
  • On what points do Schurz and Douglass agree? 
  • Where do they differ?

Image Analysis—Voting Rights 45 minutesGr. 5 +

Explain to students that one of the key factors in granting African American men the right to vote was their important military service during the Civil War, where it is estimated that 180,000 Black soldiers fought for the Union. The Emancipation Proclamation, issued by President Abraham Lincoln on January 1, 1863, specifically included a provision that allowed African Americans to serve in the Union Army and Navy. The Military Service Authorization declared that African American men would be accepted into military service for the Union forces. This authorization was a significant departure from previous federal policies that had excluded African Americans from military service.

Then, explain to students that they will be examining a political cartoon that appeared in Harper’s Weekly during Reconstruction which depicts an African American soldier. Have students complete the Political Cartoon Analysis handout. As a whole class discuss findings in relation to the right to vote afforded or not afforded to soldiers.

Image Analysis—Voting Rights 45 minutes

Then, explain to students that they will be examining a series of political cartoons that appeared in Harper’s Weekly during Reconstruction. 

Divide students into small groups. Assign to each group the analysis of an image(s):

  •  “Pardon” and “Franchise” viewed together 
  • “The First Vote” 
  • “Time Works Wonders”

Have each group complete the Political Cartoon Analysis handout and/or respond to the questions below.

  • What is the name of the print you are working on?
  • When was this print produced?  At what point in the process of Reconstruction did it appear?
  • What is the central event or phenomenon depicted in the print?
  • What does the text in the print (if any) tell about its subject matter?
  • Oftentimes, political cartoons use symbols to help express their meaning.  What symbols do you identify in the print, and what do you think they mean?
  • What do you think the artist who made the print thought about the central event or phenomenon depicted in the print?  Was he for it or against it?  What specific elements of the print lead you to this conclusion?
  • What point about Black electoral politics during Reconstruction does the print make?

Upon completing the questions, each group should report to the class on the print it analyzed. (It is suggested that the prints should be reported on in their chronological order). 

Next, have students examine “Everything Points to a Democratic Victory This Fall.” Note: This cartoon includes the N-word in the text. See the “Teaching Tips” section above for suggestions about how to handle content with racist language. As a class, consider the same set of questions included above.

Have the class attempt to outline the story of Black voting rights during Reconstruction as told through the prints.

Image Analysis –African Americans in Politics 45 minutes

Begin this activity by reviewing with the students The Military Reconstruction Acts.

Despite President Andrew Johnson’s opposition, the Republican-controlled Congress passed the Military Reconstruction Acts in 1867. Under these acts, the former Confederate states (except for Tennessee) were to be taken out of the Union and temporarily ruled by military governors. Each of the ten states had to hold a new constitutional convention. In order to be successful, African American men had to be able to vote for representatives at the new conventions. The new conventions had to: 1) create new state governments that abolished slavery; 2) ratify the Fourteenth Amendment guaranteeing citizenship rights to African Americans; and 3) provide for the enfranchisement, or voting rights, of Black men.  

These new state governments became the nation’s first meaningful experiment in interracial (involving members of different racial groups) democracy. African Americans were represented through their votes, which tended to go to the Republican Party. They were also represented directly; for the first time, large numbers of African Americans were elected to office. In 1870, the Fifteenth amendment to the Constitution was ratified, making it illegal to deny men the vote on the basis of race.

Next, have students examine images that depict aspects of African American participation in the electoral process. Have each group complete the Political Cartoon Analysis handout and/or respond to the specific questions below.

“Electioneering in the South”

  • What in the image and text suggest to you that the authors are in favor of African Americans voting and holding office?
  • What suggests to you that the authors hold negative attitudes?

“The First Colored Senator and Representatives” and “Radical Members” viewed together

  • What do these images suggest about the African Americans depicted in them?

Upon completing the questions, each group should report to the class on the print(s) it analyzed. Next, have students examine ““Colored Rule in a Reconstructed (?) State” as a whole class. Note:This cartoon includes racial stereotypes. See the “Teaching Tips” section above for suggestions about how to handle content with racist language. As a class, consider the Political Cartoon Analysis questions and/or respond to the following: 

  • How does the artist depict Black legislators? What stereotypes do you notice in this image?
  • What in the image suggests the attitude of the cartoon’s creator toward Black state legislators?
  • How does the idea of African American officeholders in this cartoon differ from their image in “The First Colored Senator and Representatives” and “Radical Members”?”
  • How does this image differ from “Electioneering in the South?”
  • What message might Harper’s Weekly readers take away from “Colored Rule in a Reconstructed (?) State?”
  • What might account for the apparent change in attitude towards African Americans and the electoral process between 1868 and 1874 in these political cartoons?

Fact : The White Response 1 hour

Examine “African American Officeholders in the Reconstruction South.” As a class, formulate several general statements about African-American officeholders, which the data support, and note them on the board.

Then, read the provided excerpt from James Shepherd Pike’s, The Prostrate State. This source includes racist language and caricatured depictions of Black legislators. See the “Teaching Tips” section above for suggestions about how to handle racist primary source content.

Discuss with the class: 

  • How does Pike portray African Americans who held office? What point is Pike conveying to his readers?
  • How does Pike’s portrayal repudiated align with the data on African American officeholders during Reconstruction? Does the data support or undermine Pike’s statements?

Individually or in small groups, have students write a letter to James Shepherd Pike, responding to his description of the South Carolina legislature. Students should use data from the chart to support their points.

Analysis-The Fall of Reconstruction Governments 45 minutes

Introduce the Fall of Reconstruction governments to students by sharing a desired text resource or sharing the following brief overview:

The Republican state governments in the South were met by a strong backlash. Former Confederates and White supremacists attacked them immediately, targeting African American voters and politicians in particular. Southern Democrats and their supporters claimed that the presence of “ignorant” formerly enslaved people in the voting populace led to a “tragic era” of corruption and misrule. A concerted campaign of voting fraud, terror, and violence led up to the presidential election of 1876.

In the 1876 election, Rutherford Hayes was the Republican candidate and Samuel Tilden was the Democratic candidate. The results of the election were contested and Hayes agreed to the Compromise of 1877, also known as the Hayes-Tilden Compromise or the Electoral Commission Act. The compromise was a series of informal agreements and understandings reached between representatives of the Republican and Democratic parties. Under this compromise, Hayes would be awarded the presidency. In return, Hayes agreed to several concessions sought by Southern Democrats, including the withdrawal of federal troops from the South and an end to federal intervention in Southern state politics. The withdrawal of federal troops allowed Southern Democrats to regain control of state governments across the South. 

As a whole group discuss the following questions. 

  • Why do you think the Republican party was willing to agree to this Compromise? Why do you think the Democratic party was willing to agree?
  • What impact do you expect or know that the Compromise of 1877 will mean for African American voters and/or politicians? African American living in the South?

Next, show students the image of Compromise with the South by Thomas Nast. As a whole group discuss the following questions. 

  • What do you see in this image?
  • What do you think the illustrator intended for this image to mean/evoke in viewers?
  • Although this image is from 1864, how it may relate to the Compromise of 1877?
  • Why do you think the Republicans were no longer willing to support the aims of the Civil War and the civil rights of African Americans

Performance Task: Essay—The Role of Government Gr. 5 +

Introduce to students that in the fabric of every society, the role of government stands as a pivotal force that shapes the collective well-being and progress of its citizens. Therefore, understanding the dynamics of governmental roles, input and functions is a critical exploration into how societies are organized, governed, and ultimately thrive or falter. Ask students to select an essay in which they address one or more of the following questions.

  • What were the benefits and drawbacks of federal intervention during Reconstruction in state affairs?
  • On the basis of Frederick Douglass’s “Reconstruction,” how did ideas about the acceptable role of government influence the development of Black voting rights during Reconstruction?
  • In what ways do we currently permit the national government access to local and state affairs impacting our private life? What is the acceptable role of the federal government in current society?
  • How have popular attitudes about the acceptable limits of federal intervention into American life changed since the time of Reconstruction?

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