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
While, as we have seen, the President did not exactly deny the
constitutionality of the bill, the Democrats in Congress, and the
Southerners seeking seats in Congress, did. There was, therefore, but
one course left open to the Republican majority, and that was to make
what they considered to be the incidents of the Thirteenth Amendment
express provisions of the Constitution. There were also several other
things which had become clear in the course of the debates in the Civil
Rights bill and the Freedmen's Bureau bill.
In the first place, it was seen that the emancipation of the slaves
would increase the representation in Congress and in the Presidential
electoral college from the old slave "States" by two-fifths whenever
the Southern communities should be recognized as "States" again, and
that too without the admission of the emancipated persons to the
exercise of political suffrage. It was certainly to be apprehended
that, with such increased representation, the Southern members and the
Northern Democrats would constitute a majority in Congress and in the
electoral college, and might proceed not only to repeal the Civil
Rights Act, and all acts in behalf of the freedmen, but also to throw
the Confederate debt or a part of it upon the United States, or
establish pensions for Confederate soldiers, or even repudiate the debt
of the Union made in defence of its own life. While the danger of these
things was, probably, somewhat {74} exaggerated, still it would not
have been becoming for men of prudence and patriotism to have failed to
provide against them. Really there was but one thing to do, and that
was to enact, and secure the adoption of, another amendment to the
Constitution covering these points, while the power to do so still
existed.
[Sidenote: The political provision in the proposed Fourteenth
Amendment.]
Public-domain text, read in full here on John Shaqi.
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