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
A bill had been introduced into Congress soon after the opening of the
session beginning March 4th, 1869, dealing with the subject. It was
claimed in the preamble of this bill that the Georgia legislature had
not purged itself of disloyal members as required by the Fourteenth
Amendment to the Constitution of the United States, that it had
violated the constitution of Georgia and the Constitution of the United
States and the fundamental principles of the Reconstruction Acts by
expelling the negro members for ineligibility, and that the civil
authorities in the "State" could not, or did not, protect the loyal
citizens in the enjoyment of their rights and liberties or even in
their persons. The bill proposed to meet these difficulties by
providing that the Governor of Georgia should reconvene the originally
elected members of the legislature, reseat the expelled negro members,
and expel such members as could not swear that they were not
disqualified by the Fourteenth Amendment to the Constitution of the
United States. It may be remarked here in passing that the Fourteenth
Amendment does not disqualify anybody, in express language, from being
a member of a "State" legislature. It disqualifies all persons who have
engaged in rebellion after having taken an oath, as a member of
Congress or of a "State" legislature, or as a United States or a
"State" officer, to support the Constitution of the United States, from
holding a seat in Congress or from being an officer of the United
States or of a "State," _but not from holding a seat in a "State"
legislature_. The word officer in the public {237} jurisprudence of
this country does not include membership in a legislative body. But to
return to the bill. It provided finally for making United States troops
in Georgia subject to the Governor's call for assistance. This bill was
so seriously opposed by the Democrats and the conservative Republicans
that it did not pass, and during this session Congress did nothing
further for the restoration of Georgia.
[Sidenote: The case of White and Clements.]
Public-domain text, read in full here on John Shaqi.
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