A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
History
A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
Johnson, Andrew, 1808-1875; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
The preamble simply consists of statements, some of which are assumed,
while the resolution is merely a declaration of opinion. It comprises no
legislation, nor does it confer any power which is binding upon the
respective Houses, the Executive, or the States. It does not admit to
their seats in Congress the Senators and Representatives from the State
of Tennessee, for, notwithstanding the passage of the resolution, each
House, in the exercise of the constitutional right to judge for itself
of the elections, returns, and qualifications of its members, may, at
its discretion, admit them or continue to exclude them. If a joint
resolution of this kind were necessary and binding as a condition
precedent to the admission of members of Congress, it would happen, in
the event of a veto by the Executive, that Senators and Representatives
could only be admitted to the halls of legislation by a two-thirds vote
of each of the Houses.
Among other reasons recited in the preamble for the declaration
contained in the resolution is the ratification by the State government
of Tennessee of "the amendment to the Constitution of the United States
abolishing slavery, also the amendment proposed by the Thirty-ninth
Congress." If, as is also declared in the preamble, "said State
government can only be restored to its former political relations in the
Union by the consent of the lawmaking power of the United States," it
would really seem to follow that the joint resolution which at this late
day has received the sanction of Congress should have been passed,
approved, and placed on the statute books before any amendment to the
Constitution was submitted to the legislature of Tennessee for
ratification. Otherwise the inference is plainly deducible that while,
in the opinion of Congress, the people of a State may be too strongly
disloyal to be entitled to representation, they may nevertheless, during
the suspension of their "former proper practical relations to the
Union," have an equally potent voice with other and loyal States in
propositions to amend the Constitution, upon which so essentially depend
the stability, prosperity, and very existence of the nation.
Public-domain text, read in full here on John Shaqi.
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