[Congressional Record (Bound Edition), Volume 151 (2005), Part 20]
[House]
[Pages 27649-27654]
[From the U.S. Government Publishing Office, www.gpo.gov]




       RECOGNIZING ANNIVERSARY OF RATIFICATION OF 13TH AMENDMENT

  Mr. SENSENBRENNER. 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.
  The Clerk read as follows:

                              H. Res. 196

       Whereas on December 6, 1865, the 13th Amendment to the 
     Constitution was ratified, proclaiming that ``neither slavery 
     nor involuntary servitude . . . shall exist within the United 
     States'';
       Whereas the ratification of the 13th Amendment began a 
     civil rights movement which would radically change African 
     American existence in the United States;
       Whereas the 13th Amendment represented a victory for 
     African Americans across the United States, who had been 
     denied the rights of full citizens;
       Whereas the 13th Amendment is a symbol of the Federal 
     Government's commitment to fulfill its promise of equality, 
     liberty, and the American dream for all Americans because it 
     liberated African Americans from the yoke of slavery and 
     launched a new age activism advocating equal rights for all 
     minorities;
       Whereas December 6, 2005, marks the 140th anniversary of 
     the ratification of the 13th Amendment;
       Whereas the observation of the 140th anniversary would put 
     into effect section 2 of the Amendment, by reaffirming 
     Congress' ``power to enforce this article by appropriate 
     legislation''; and
       Whereas the 13th Amendment Foundation supports the 
     establishment of a national day of recognition commemorating 
     the anniversary of the ratification of the 13th Amendment to 
     renew a national commitment to eradicate racial and ethnic 
     inequalities: Now, therefore, be it
       Resolved, That the House of Representatives--
       (1) recognizes the 140th anniversary of the ratification of 
     the 13th Amendment to the Constitution;
       (2) encourages the American people to educate and instill 
     pride and purpose into their communities about the history of 
     liberation and the civil rights movement in the United 
     States; and
       (3) encourages the American people to observe the 
     anniversary of the ratification of the 13th Amendment each 
     year by honoring its significance in United States history 
     with appropriate programs and activities.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Wisconsin (Mr. Sensenbrenner) and the gentlewoman from California (Ms. 
Lee) each will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin.


                             General Leave

  Mr. SENSENBRENNER. 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.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. SENSENBRENNER. 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.

[[Page 27650]]

  I urge my colleagues to support this resolution.
  Mr. Speaker, I reserve the balance of my time.
  Ms. LEE. 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.

                              {time}  1200

  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

[[Page 27651]]

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. CONYERS. Mr. Speaker, 140 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.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise here today to express 
my support for H.R. 196 that recognize the 140th anniversary of the 
thirteenth Amendment, which abolished slavery in the United States.
  I applaud my colleague from Oakland, California, for her hard work on 
this resolution because of the efforts that have been made to ensure 
that the Thirteenth Amendment is respected in practice. There were many 
examples of seemingly deliberate attempts to bypass the 13th Amendment 
regarding slavery. For example, in Texas in 1867, African-Americans 
constituted about one third of the convicts in state penitentiaries. 
However, about 90 percent of those inmates were leased out for cheap 
railroad labor.
  Apprenticeship laws also were embraced with increasing vigor 
throughout the South. In some States, such as Maryland and North 
Carolina, courts ordered African American children to be bound for 
labor to white ``employers'' without the permission or knowledge of the 
children's parents. Records compiled by the Freedmen's Bureau in those 
States indicate a virtual deluge of requests for assistance in 
obtaining the freedom of children enslaved through ``lawful'' State-
court action. Of course, the State-court actions in these cases were 
inconsistent with Federal law, and the resulting involuntary servitude 
of these children was a violation of the Thirteenth Amendment. As 
founder and Co-Chair of the Congressional Children's Caucus, I assert 
that it is critical for the future of our children that we preserve the 
spirit of this Constitutional Amendment, for history has shown that 
children have been vulnerable in the past.
  As members of Congress, we must ensure that this milestone in 
American history is recognized and celebrated. I am pleased to stand 
with my colleagues by being an original co-sponsor of this legislation.
  Ms. LEE. 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

[[Page 27652]]

     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.

[[Page 27653]]

       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.
       The yeas and nays were ordered.
       The question was taken, and it was decided in the 
     affirmative--yeas 119, nays 56, not voting 8; as follows:
       YEAS--Messrs. Alley, Allison, Ames, Anderson, Arnold, 
     Ashley, Bally, Augustus C. Baldwin, John D. Baldwin, Baxter, 
     Berman, Blaine, Blair, Blow, Boutwell, Boyd, Brandegee, 
     Broomall, William G. Brown, Ambrose W. Clark, Freeman Clarke, 
     Cobb, Coffroth, Cole, Colfax, Creawell, Henry Winter Davis, 
     Thomas T. Davis, Dawes, Deming, Dixon, Donnelly, Driggs, 
     Dumont, Eckley, Elliot, English, Farnsworth, Frank, Ganson, 
     Garfield, Gooch, Grinnell, Griswold, Hale, Herrick, Illgby-
     Hooper, Hochkiss, Asahel W. Hubbard, John H. Hubbard, 
     Hulburd, Hutchins, Ingersoll, Jenckes, Julian, Kasson, 
     Kelley, Francis W. Kellogg, Orlando Kellogg, King, Knox, 
     Littlejohn, Loan, Longyear, Marvin, McAllister, McBride, 
     McClurg, McIndoe, Samuel F. Miller, Moorhead, Merrill, Daniel 
     Morris, Amos Myers, Leonard Myers, Nelson, Norton, Odell, 
     Charles O'Neill, Orth, Patterson, Perham, Pike, Poneroy, 
     Price, Radford, William H. Randall, Alexander H. Rice, John 
     H. Rice, Edward H. Rollins, James S. Rollins, Schenck, 
     Scofield, Shannon, Sloan, Smith, Smithers, Spalding, Starr, 
     John B. Steele, Stevens, Thayer, Thomas, Tracy, Upson, Van 
     Volkenburgh, Elihu B. Washburn, William B. Washburn, Webster, 
     Whaley, Wheeler, Williams, Wilder, Wilson, Windom, 
     Woodbridge, Worthington, and Yeaman--119.
       NAYS--Messrs. James C. Allen, William J. Allen, Ancona, 
     Bliss, Brooks, James S. Brown, Chanler, Clay, Cox, Cravens, 
     Dawson, Dentson, Eden, Edgerton, Eldridge, Finck, Grider, 
     Hall, Harding, Harrington, Benjamin G. Harris, Charles M. 
     Harris, Holman, Phillip Johnson, William Johnson, Kalbtlesch, 
     Kerman, Knapp, Law, Long, Mallory, William H. Miller, James 
     R. Morris, Morrison, Noble, John O'Neill, Pendleton, Perry, 
     Pruyn, Samuel J. Randall, Robinson, Ross, Scott, William G. 
     Steele, Stiles, Strouse, Stuart, Sweat, Townsend, Wadsworth, 
     Ward, Chilton A. White, Joseph W. White, Winfield, Benjamin 
     Wood, and Fernando Wood--30.
       NOT VOTING--Messrs. Lazear, LeBlond, Marcy, McDowell, 
     McKinney, Middleton, Rogers, and Voorhees--8.

  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, Perry Applebaum, David Lachmann of the House 
Judiciary Committee 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 modem 
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 8 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

[[Page 27654]]

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, livable 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.
  Ms. McCOLLUM of Minnesota. 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. LEE. Mr. Speaker, I yield back the balance of my time.
  Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Simpson). The question is on the motion 
offered by the gentleman from Wisconsin (Mr. Sensenbrenner) that the 
House suspend the rules and agree to the resolution, H. Res. 196.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________