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 second section, giving to Congress special power to enforce this
article, seems, at first, unnecessary, because according to the last
paragraph of Section 8, Article I., of the Constitution, Congress is
vested with the authority to make all laws necessary and proper to
carry into execution all the powers vested by the {28} Constitution in
any department or officer of the Government. This abolition of slavery
was, however, a restriction on the "States." It laid a new limitation
upon their powers, and hence it was thought that Section 8 of Article
I. might not apply in the execution of such a provision against the
"States." But if we regard the provision from the point of view of the
rights of an individual to his freedom against any "State" law to the
contrary, then we must see that the amendment does invest the United
States courts with the power to impose the restriction in behalf of the
individual seeking deliverance from the attempt of a "State" to enslave
him or to continue his enslavement. And once the power vested in the
courts to do this the general provision of Article I., Section 8, will
certainly apply. The resolution offered by the Judiciary Committee
passed the Senate by the requisite majority on the 8th of April, 1864.
[Sidenote: The House draft.]
During this same period, Mr. William Windom, of Minnesota, offered in
the House of Representatives a resolution upon the subject in the
identical words of the Senate's resolution. It was referred to the
Judiciary Committee of the House, February 15, 1864. While it lay in
the room of the Committee, Mr. Stevens offered a substitute for it,
which read: "Slavery and involuntary servitude, except as a punishment
for crime, whereof the party shall have been duly convicted, is forever
prohibited in the United States and all its Territories." This is
another bit of evidence for the proposition that what was meant by the
words "or any place subject to their jurisdiction" in Mr. Trumbull's
resolution was all parts of the country not enjoying "State" government
in local matters.
[Sidenote: Rejection of the Senate's draft in the House.]
The Senate resolution was sent into the House on the {29} 31st of May,
and was there lost on June 15th, having received a large majority,
indeed, in its favor, but not a two-thirds majority.
[Sidenote: Reconsideration of the Senate's measure in the House, and
its final passage.]
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