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
{201} Finally, in the veto of the Arkansas bill, the President
expressed his very serious doubts whether the new "State" constitution
had been ratified by the electorate created by the Acts of Congress for
that purpose, since a section in that constitution prescribed that no
person would be allowed to vote upon the ratification of the
constitution who had not previously taken an oath to the effect "that
he accepted the doctrine of the civil and political equality of all
men, and agreed not to attempt to deprive any person or persons, on
account of race, color, or previous condition, of any political or
civil right, privilege or immunity enjoyed by any other class of men,"
thus adding a new qualification for registration and voting to those
prescribed in the Reconstruction Acts of Congress. There is no question
that the President was right about this, too. And there is no question
that this new qualification was entirely null and void, in so far as it
applied to voting upon, and registering to vote upon, the ratification
of the constitution itself, unless we ascribe constituent power to the
convention which framed the constitution, instead of the power of
initiation only. We know that no constitutional convention has, or then
had, any such powers in our system. It was nothing more or less than a
palpable usurpation of constituent power when the convention in
Arkansas presumed to add this qualification to those prescribed by
Congress for voting upon the ratification of the constitution itself.
Of course it would have been lawful and regular for the "State"
constitution to make this additional requirement for voting in all
future elections, after the constitution prescribing it should have
been adopted by the electorate created by the Congressional Acts,
although the requirement itself would have been unreasonable and
oppressive. But for the convention, a mere proposing {202} body, to
ordain this new qualification for voting on the question of the
adoption of the constitution itself was a political outrage of the
first order.
[Sidenote: The vetoes overridden.]
Congress was not, however, in a state of mind to listen to any
suggestions from the President, no matter how correct and important
they might be. Both Houses promptly, almost mockingly, passed the two
bills over the President's vetoes.
[Sidenote: Ratification of the Fourteenth Amendment and the President's
proclamations declaring Reconstruction completed.]
Public-domain text, read in full here on John Shaqi.
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