This was raw political power the Republican Party was eager to embrace and that Southern Democrats feared. (Remember, Abraham Lincoln had only been dead five years.) So by the time Revels reached the senate on Feb. 23, 1870 -- and so soon after Appomattox -- he was showered by applause from the gallery, but met resistance from the Democrats on the floor. Particularly galling to them was the fact that Revels was about to inhabit a seat like the one that their former colleague, Jefferson Davis, had
resigned en route to becoming president of the Confederacy in 1861. When Davis was still in the Senate, the Supreme Court's ruling in
Dred Scott v. Sanford (1857) had still been good law, they knew, and it had gone out of its way to reject blacks' claims to U.S. citizenship -- the critical third test any incoming senator had to pass.
In staring down Revels, the Democrats' strategy wasn't to rake over his birth certificate (an absurd tactic left to our own time) but to proceed as though nothing had happened in between 1857 and the passage of the Civil Rights Act of 1866 and ratification of the 14th Amendment in 1868. (Both of those measures had clarified blacks' status as citizens, blunting Dred Scott's force as precedent -- the 14th Amendment as a matter of constitutional law.) As a result, by the Democrats' calculus, Revels, despite having been born a free man in the South and having voted years before in Ohio, could only claim to have been a U.S. citizen for two -- and at most four -- years, well short of the Constitutional command of nine. It was a rule-based argument, as rigid as it was reactionary. It twisted the founders' original concerns over allowing foreign agents into the Senate into a bar on all native-born blacks until 1875 or 1877, thus buying the Democrats more time to regain their historical advantages in the South.
So, instead of Sen.-elect Revels taking the oath of office upon his arrival in Washington , he had to suffer two more days of debate among his potential colleagues over his credentials and the reach of Dred Scott. While the Democrats' defense was constitutionally based, as Richard Primus brilliantly recounts in his April 2006 Harvard Law Review article,
"The Riddle of Hiram Revels" (pdf), there were occasional slips that indicated just what animus -- at least for some -- lurked behind it. "Outside the chamber," Primus writes, "Democratic newspapers set a vicious tone: the New York World decried the arrival of a 'lineal descendant of an ourang-otang in Congress' and added that Revels had 'hands resembling claws.' The discourse inside the chamber was almost equally pointed."
Primus continues, "Senator [Garrett] Davis [of Kentucky] asked rhetorically whether any of the Republicans present who claimed willingness to accept Revels as a colleague 'has made sedulous court to any one fair black swan, and offered to take her singing to the altar of Hymen.' " Can you imagine a senator using such suggestive sexual language on the Senate floor today? (OK, maybe on Twitter.)
Foolishly drawn into the debate, some of Revels' own supporters contorted themselves trying to work within the Democrats' framework. Notably, one Republican senator, George Williams of Oregon, staked his vote on Revels' mixed-race heritage (as Primus indicates, Revels was "called a quadroon, an octoroon, and a Croatan Indian as well as a negro" throughout his life). It was a material fact to Williams, perhaps because, as President Lincoln's former attorney general Edward Bates had signaled in an opinion during the Civil War, just one drop of European blood was technically enough to exempt a black man from Dred Scott's citizenship ban against African pure-bloods.
Fortunately for all future black elected officials (just think of the pernicious effects of such a rule, however short-lived, on those who could not claim any obvious white heritage), other Republicans in the caucus refused to play along. As Primus recalls, "Senator Simon Cameron of Pennsylvania [asked his colleagues,] 'What do I care which pre-ponderates? He [Revels] is a man [and] his race, when the country was in its peril, came to the rescue … I admit that it somewhat shocks my old prejudices, as it probably does the prejudices of many more here, that one of the despised race should come here to be my equal; but I look upon it as the act of God.' "
The more decisive act for Republicans, as Cameron's backhanded comments indicated, was the Civil War, which (hello!) in four years had claimed the lives of 750,000 Americans, rewriting the Constitution in blood. To Republicans, before the country had spoken through the Civil Rights Act or Reconstruction Amendments, Dred Scott had, effectively, been overturned by what Sen. James Nye of Nevada called "the mightiest uprising which the world has ever witnessed."
Charles Sumner, the radical Republican senator from Massachusetts, understood the costs of that uprising, having shed his own blood beneath
the cane of Preston Brooks in one of the most violent episodes in the lead-up to the war -- right at his own Senate desk. And Sumner wasn't about to concede any ground to Dred Scott, which, to him, had been "
orn a putrid corpse" as soon as it had left the late Chief Justice Taney's pen. "The time has passed for argument," Sumner thundered, as quoted in my book, Life Upon These Shores: Looking at African American History, 1513-2008 . "Nothing more need be said … 'All men are created equal' says the great Declaration; and now a great act attests this verity. Today we make the Declaration a reality. For a long time in word only, it now becomes a deed. For a long time a promise only, it now becomes a consummated achievement."
A year before, Sen. George Hoar of Massachusetts called for a resolution to award Revels $4,847 in back pay for the time he had lost between his election as senator in Mississippi and his swearing-in. "Never since the days of the French Revolution, if even then, had the world witnessed such an upturning in political and social conditions," the New York Tribune recalled in reporting on the story. "It was then when the seat of Jefferson Davis, the flower of the Southern aristocracy … was taken by a negro that the people of the North and South fully realized what the war had brought about."
But for this very reason, Sen. James Blaine of Maine also observed, Revels' "presence, while demonstrating the extent to which the assertion of equal rights had been carried, served to increase and stimulate the Southern resistance to the whole system of Republican reconstruction." Slaves may have helped build the Capitol dome, but no amount of federal troops in the South during Reconstruction could convince enough senators they were under any special obligation to seat free black men below it -- not even just two, a situation they would confront four years after Revels left office.
See you back here next Monday, Nov. 4, Election Day eve in the United States, as we pick up in 1875 with the next black senator from Mississippi, Blanche K. Bruce, and the drama swirling around the possibility of seating his friend from Louisiana, P.S.B. Pinchback. In the meantime, look up your polling place and when you jot it down in your calendar, write the name Hiram Revels next to it. He crossed rivers, and whoever is on the ballot in your district on Nov. 5, so can we.
Tune in tomorrow night at 8 p.m. EDT for the second episode of professor Gates' new PBS series, The African Americans: Many Rivers to Cross, "The Age of Slavery" (1800-1860). To check local listings, and to learn more about the series, visit PBS.org. To order the entire series on DVD, or to purchase the companion book, visit shoppbs.org.