Reconstruction and the Constitution, 1866-1876 — John Shaqi
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
It would be an agreeable thing to the writer of this period of American
history, were he able to record that the principal matter which
occupied the thought and attention of the Committee on Reconstruction
was how to secure the necessary civil rights of the freedmen. But in
the interest of exact truth he is compelled to forego this pleasure.
The first thing which that Committee considered and recommended to the
Houses of Congress was the political matter of a redistribution of the
representation in the House of Representatives and in the Presidential
electoral college. On the 22d of January (1866) the Committee reported
to the two Houses the following proposition as an amendment to the
Constitution of the United States: "Representatives and direct taxes
shall be apportioned among the several States which may be included
within this Union according to their respective numbers, counting the
whole number of persons in each State--excluding Indians not
taxed--provided, that whenever the elective franchise shall be denied
or abridged in any State on account of race or color, all persons of
such race or color shall be excluded from the basis of representation."
For nearly six weeks both the Committee and Congress were occupied in
the discussion of this proposition. In a slightly modified form it was
adopted in the House, but, at last, on the 9th of March, it came to
vote in the Senate, and not having received the necessary two-thirds
majority, it was abandoned as a separate measure, and {75} merged into
the general article containing the regulations of all the points to
which reference was made above.
It was Monday, April 30th, before the Committee was ready to report the
entire article, which took the name of the Fourteenth Amendment to the
Constitution. The article as presented to the Houses of Congress by the
Joint Committee on that day read as follows:
"Sect. 1. No State shall make or enforce any law which shall abridge
the privileges or immunities of citizens of the United States; nor
shall any State deprive any person of life, liberty or property without
due process of law; nor deny to any person within its jurisdiction the
equal protection of the laws.
"Sect. 2. Representatives shall be apportioned among the several States
which may be included within this Union according to their respective
numbers, counting the whole number of persons in each State, excluding
Indians not taxed. But whenever in any State the elective franchise
shall be denied to any portion of its male citizens not less than
twenty-one years of age, or in any way abridged, except for
participation in rebellion or other crime, the basis of representation
in such State shall be reduced in the proportion which the number of
such male citizens shall bear to the whole number of male citizens not
less than twenty-one years of age.
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