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
The language of the first article of Mr. Henderson's proposition read:
"Slavery or involuntary servitude, except as a punishment for crime,
shall not exist in the United States." When it came back from the
Judiciary Committee, as reported by Mr. Trumbull, it was called Article
XIII., and read: "Sec. 1. Neither slavery nor involuntary servitude,
except as a punishment for crime, whereof the party shall have been
duly convicted, shall {27} exist in the United States or any place
subject to their jurisdiction. Sec. 2. Congress shall have power to
enforce this article by appropriate legislation."
[Sidenote: The proposition of amendment as it came from the Judiciary
Committee of the Senate.]
It will be advantageous in our further consideration of this article to
recall briefly the reasons for these divergencies. The language used by
the Judiciary Committee corresponds almost exactly with the wording of
the ordinance of the Northwest Territory of 1787; and it is entirely
evident that the Judiciary Committee had that act in mind when it
reported the article. Mr. Henderson's proposition was that slavery or
involuntary servitude should not exist in the _United States_. He well
understood that it did not require a constitutional amendment to
abolish slavery from those parts of the country where "States" had not
been formed. He knew that Congress could do that. The Judiciary
Committee, however, did not think it wise or necessary to "make two
bites of a cherry." They preferred to make their prohibition apply to
the whole country. They knew that the phrase _United States_ was
capable of being interpreted to mean only that part of the country
where "States" existed, and they preferred and intended to make their
prohibition of slavery extend to the whole country. From abundant
caution they used the words United States, with the additional words
"any place subject to their jurisdiction," in order to cover all
territory over which the flag of the Union should fly in sovereign
power.
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