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
On the other hand, the Reconstruction Committee of Congress had
reported a bill along with the Article of Amendment, which virtually
proposed to make the ratification of the proposed Amendment by the
respective legislatures of the reconstructed Southern communities the
condition of the admission of the Senators- and Representatives-elect
from them to seats in Congress. That is, it was proposed that Congress
should make its recognition of the reconstructed bodies as "States"
conditional upon their ratification of the Article of Amendment. Or
perhaps some of those supporting this proposition would have preferred
the statement that it was proposed that Congress should make its
recognition of the reconstructed governments of the "States" in which
secession had {81} been attempted conditional upon the ratification of
the Amendment by the legislative departments of these reconstructed
governments respectively.
[Sidenote: The absurdity of the condition.]
No matter how it might have been stated, it was an absurdity. The true
theory on this point was that held by Mr. Stevens, viz., to consider
only those "States" which had never attempted secession, those "States"
which had never been members of the Southern Confederacy, as
constituting the "States" of the Union at that moment, and all other
territory and people subject to the jurisdiction of the United States
as being under the exclusive government of the central Government; to
amend the Constitution by a three-fourths majority of these loyal
"States"; and then to admit these reconstructed communities as new
"States" into the Union with its amended Constitution.
The amended Constitution would then have the same power over them as if
the Amendment had been ratified by them. In fact, their petition for
admission or recognition as "States" of the Union with the amended
Constitution would imply their assent to the Amendment as well as to
every other part of the Constitution. The more moderate Republicans
feared that the Southern communities would not feel obligated by a
Constitution amended in this way. It is difficult to see why they
should not. The Southern statesmen knew that Congress had no power
under the Constitution to require of new "States" obedience to anything
as a condition of their admission to the Union, but the Constitution as
it was at the moment of their admission. Looked at from the point of
view of the present, it would certainly appear that the exaction of
such an unlawful promise, imposing such a degrading discrimination,
would have been far more exasperating than anything else which could
have been invented or imagined.
{82} Enough of them saw this to prevent Congress from enacting the bill
proposed by the Reconstruction Committee into a law, and when the
proposed Amendment went to the legislatures of the "States," there was
no requirement attending it which appeared to deprive any legislature,
or body claiming to be a legislature, of its discretion in dealing with
the subject.
Public-domain text, read in full here on John Shaqi.
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