First proposed in 1989 by Michigan Democrat John Conyers, House Resolution 40 was reintroduced annually up to his retirement in 2017, only to be voted down. Recently championed by another Black legislator, Sheila Jackson Lee, Democrat of Texas, the bill still faces uncertain prospects, though it has in President Joe Biden, Senate Majority Leader Chuck Schumer and House Speaker Nancy Pelosi the support of three of the nation's most powerful politicians.
Thirty-two years is an uncommonly long time for a bill to languish in committee, but April 14, the day on which this one was finally approved, offers some additional historical perspective: it was the 156th anniversary of Abraham Lincoln's assassination. The legacy of slavery goes deep in this country. Looking closely at an iconic history painting and a contemporary reinterpretation of it helps us recognize racism's abiding shadow and envision a more just future.
Despite its prosaic official title -- the Commission to Study and Develop Reparation Proposals for African Americans Act -- the resolution
reveals a bit of poetry in the shorthand by which it has subsequently been known. The "40" in HR 40 refers to
the "forty acres and a mule" that Union General William Tecumseh Sherman included as part of Special Field Orders No. 15 in 1865, near the end of the Civil War.
Over the course of his "March to the Sea" from Atlanta to Savannah
, more than 10,000 Black refugees had joined the Union troops, becoming "contrabands" -- captured enemy property -- in the callous terminology of the day. Famed illustrator Thomas Nast depicted some of them in a Harper's Weekly wood engraving, feeding, nursing and even carrying the wounded and bedraggled soldiers on their backs.
Faced with how to accommodate these unofficial volunteers at the conclusion of the military campaign, Sherman appropriated 400,000 acres of coastal land
, providing for its division and distribution to the formerly enslaved African Americans -- a kind of initial attempt at reparations.
Notwithstanding the boldness and scope of Sherman's directive (which was quickly annulled by President Andrew Johnson), it assisted only a small fraction of enslaved Americans. The last census
completed before the war, in 1860, matter-of-factly reported that among the nation's 31,443,321 inhabitants, "3,950,000 are slaves," an astonishing 13% of the population.
That proportion remains uncannily relevant today
, equating roughly to the current percentage of African Americans in the US population. In the argument for reparations, one need look no further than the substantially greater percentages of Black people in the US living in poverty, who are incarcerated, have perished from Covid-19 and are killed by police -- among many other bleak metrics -- to grasp the moral imperative for redress.
Whatever its ultimate fate, HR 40 will now move forward for floor debate in the House of Representatives. Outside that grand chamber, an equally grand painting -- measuring 20 by 30 feet -- by American artist Howard Chandler Christy is permanently installed. Completed in 1940, "Scene at the Signing of the Constitution of the United States" shows the particular moment on September 17, 1787, when a North Carolina delegate to the Constitutional Convention, Richard Dobbs Spaight, added his name to the document.
It appears that some sort of vote or roll is also going on in Christy's painting. The figure at the center of the composition, with four fingers raised as if in counting, is William Jackson, the convention's secretary, who casts his eyes toward the trio of figures at left with upraised arms -- Charles Pinckney, his relative Charles Cotesworth Pinckney and Pierce Butler
They were, like Spaight, Southern planters who supported slavery, and were among those on whose account the infamous Three-fifths Compromise, stipulating that enslaved persons would be counted for purposes of determining proportional representation as three-fifths of a person, was made.
had presented the three-fifths plan earlier in the convention, and further insisted
his state of South Carolina would reject the Constitution if it prohibited the trans-Atlantic slave trade.