Talk of woman suffrage and redesigning marriage found few sympathetic male listeners. Even Radical Republicans insisted that Reconstruction was the “Negro’s hour” (the hour, that is, of the black male). The Fourteenth Amendment for the first time introduced the word “male” into the Constitution, in its clause penalizing a state for denying any group of men the right to vote. The Fifteenth Amendment outlawed discrimination in voting based on race but not gender. These measures produced a bitter split both between feminists and Radical Republicans, and within feminist circles.
Some leaders, like Stanton and Susan B. Anthony, opposed the Fifteenth Amendment because it did nothing to enfranchise women. They denounced their former abolitionist allies and moved to sever the women’s rights movement from its earlier moorings in the antislavery tradition. On occasion, they appealed to racial and ethnic prejudices, arguing that native-born white women deserved the vote more than non-whites and immigrants. “Patrick and Sambo and Hans and Yung Tung, who do not know the difference between a monarchy and a republic,” declared Stanton, had no right to be “making laws for [feminist leader] Lucretia Mott.” But other abolitionist-feminists, like Abby Kelley and Lucy Stone, insisted that despite their limitations, the Reconstruction amendments represented steps in the direction of truly universal suffrage and should be supported. The result was a split in the movement and the creation in 1869 of two hostile women’s rights organizations—the National Woman Suffrage Association, led by Stanton, and the American Woman Suffrage Association, with Lucy Stone as president. They would not reunite until the 1890s.
Thus, even as it rejected the racial definition of freedom that had emerged in the first half of the nineteenth century, Reconstruction left the gender boundary largely intact. When women tried to use the rewritten legal code and Constitution to claim equal rights, they found the courts unreceptive. Myra Bradwell invoked the idea of free labor in challenging an Illinois statute limiting the practice of law to men, but the Supreme Court in 1873 rebuffed her claim. Free labor principles, the justices declared, did not apply to women, since “the law of the Creator” had assigned them to “the domestic sphere.”
Despite their limitations, the Fourteenth and Fifteenth Amendments and the Reconstruction Act of 1867 marked a radical departure in American and world history. Alone among the nations that abolished slavery in the nineteenth century, the United States, within a few years of emancipation, clothed its former slaves with citizenship rights equal to those of whites. “We have cut loose from the whole dead past,” wrote Timothy Howe, a Republican senator from Wisconsin, “and have cast our anchor out a hundred years” into the future. The Reconstruction Act of 1867 inaugurated America’s first real experiment in interracial democracy.
Electioneering at the South, an engraving from Harper’s Weekly, July 25, 1868, depicts a speaker at a political meeting in the rural South. Women as well as men took part in these grassroots gatherings.