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
These bodies chose to do their work in the form of amendments to the
old constitutions of the "States," whose constituent powers they
assumed to hold, rather than in the form of new constitutions. Before
the meeting of Congress on the first Monday of December, they had all
passed ordinances, either repealing the secession ordinances of their
respective "States," or pronouncing them null and void; had all voted
amendments to the constitutions of their respective "States" abolishing
slavery; and all, except Mississippi and South Carolina, had passed
ordinances repudiating the debt incurred by their respective "States"
in aid of rebellion against the United States.
[Sidenote: The erection of "State" governments and the election of
Members of Congress.]
Before the meeting of Congress also, elections of the members of the
respective "State" legislatures and of "State" officers, and of the
members of the House of Representatives in Congress, had been held by
the {39} Provisional Governors, under the direction of the respective
conventions. And, finally, before the assembly of Congress, these
Legislatures had, with the exception of that of Florida, met,
organized, and elected United States Senators, and, with the exception
of those of Florida and Mississippi, had adopted the Thirteenth
Amendment to the Constitution. The legislature of Florida, not having
met and organized, had not at that date been able to consider the
Amendment. It met on December 18th and elected United States Senators,
and adopted the Thirteenth Amendment on the 28th. The legislature of
Mississippi, on the other hand, rejected the Thirteenth Amendment on
the 27th of November.
[Sidenote: The orders of the President putting the civil Government of
the United States into operation everywhere.]
During the same period, the President had by his several proclamations
and orders declared the cessation of armed resistance, the restoration
of intercourse throughout the country, and the raising of the blockade
and the opening of the ports, and had put the different branches of the
civil Government of the United States into operation in all the
"States" which had been the scene of the recent rebellion. He had not,
however, restored the privilege of the writ of Habeas Corpus in these
regions or in the District of Columbia, and he reserved the right to
have recourse to military control therein in case of necessity. The
Governors of South Carolina, Georgia, Mississippi and Florida under the
Confederacy had, in the spring of 1865, assumed to summon the
legislatures, chosen by these "States" while members, or pretended
members, of the Confederacy, to meet together for reconstruction
purposes. The President had, through his military officials, ignored
and prevented all such movements. No farther resistance to his plan of
Reconstruction had been attempted, but he saw {40} plainly that,
without the United States military power to sustain the new "State"
governments, there might be.
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