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
For section third, denying suffrage until 1870 to all {78} persons who
had given aid voluntarily to the rebellion, Congress had substituted an
entirely new resolution, which rendered the Confederate chieftains
ineligible to office instead of disqualifying the rank and file for
suffrage. It reads as follows: "No person shall be a Senator or
Representative in Congress, or elector of President and Vice-President,
or hold any office, civil or military, under the United States, or
under any State, who having previously taken an oath, as a member of
Congress, or as an officer of the United States, or as a member of any
State legislature, or as an executive or judicial officer of any State,
to support the Constitution of the United States, shall have engaged in
insurrection or rebellion against the same, or given aid or comfort to
the enemies thereof. But Congress may, by a vote of two-thirds of each
House, remove such disability."
This was certainly a wise change. It certainly could not be contended
that disqualifications for holding office and legislative mandate
violated any so-called natural right. It was better that whatever
punishments of a political nature might fall upon the Confederates
should strike the leaders, rather than the followers. And it was not a
severe punishment which required that, for a time at least, the people
inhabiting the communities lately in rebellion should choose as their
representatives to the National legislature and to the Presidential
electoral college, and as their "State" officers, men not identified
with the rebellion so closely as to have been among its leaders. It is
difficult to see how the Confederate leaders could have been required
to suffer less, and have been rebuked at all for their acts.
Finally, section four was supplemented by a sentence which declared
that "the validity of the public debt of the United States, authorized
by law, including debts {79} incurred for payment of pensions and
bounties for services in suppressing insurrection or rebellion, shall
not be questioned." The last words of the section were also somewhat
modified in the direction of greater emphasis, but the meaning remained
the same. As thus perfected, the section declared the validity of all
the existing obligations of the United States, and repudiated all
obligations whatsoever assumed in aid of rebellion, and all claims for
the loss or emancipation of any slave. This covered the ground
completely in regard to the security of the public obligations of the
United States both from the positive and negative side, and it
prevented both Congress and the "States" from ever recognizing, in the
future, the claim for any relief from the natural consequences of
unsuccessful rebellion, and the right to any compensation for
deprivation of property in man.
Public-domain text, read in full here on John Shaqi.
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