Reconstruction and the Constitution, 1866-1876Burgess, John William
History
Reconstruction and the Constitution, 1866-1876
Burgess, John William
Reconstruction (U.S. history, 1865-1877); United States -- Politics and government -- 1865-1877
There can be no question that the President was entirely correct in
this contention. The Fifteenth Amendment was as yet no part of the
Constitution. It had not even been proposed by Congress to the
"States." It is very questionable whether a majority in Congress could
have been found, at that time, in favor of making such a proposition,
much less the required extraordinary majority of two-thirds. And until
the Fifteenth Amendment had been ratified as a part of the Constitution
of the United States, Congress had no power to exact such a concession,
or anything like it, from any "State" as the price of the admission of
representatives from it to the Houses of the National Legislature. And
even since the Fifteenth Amendment has become a part of the
Constitution, the Government of the United States cannot prohibit such
changes in a "State" constitution, unless the deprivation of suffrage
is made on account of race, color, or previous condition of servitude.
The President also called attention to the fact that no way was
provided in the bills whereby the "States" should signify their
acceptance of this "fundamental condition" of admission to
representation in Congress, and that no penalty was prescribed for a
violation of the condition. Did Congress mean that, in case of any
violation of its "fundamental condition," it would throw the "State"
back under martial law, and proceed to reconstruct anew? That was a
question which might well be asked in view of what Congress had already
done; and it was a question which was not calculated to allay
uneasiness in the minds of the people in the Southern communities.
Public-domain text, read in full here on John Shaqi.
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