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
[Sidenote: The precedent set by Tennessee.]
As a matter of fact, however, the legislature of Tennessee ratified the
proposed Amendment within about a month after receiving the Article
from Secretary Seward, and Congress thereupon passed the following
joint resolution and sent it to the President for his signature:
"Whereas in the year 1861 the government of the State of Tennessee was
seized upon and taken possession of by persons in hostility to the
United States, and the inhabitants of said State, in pursuance of an
act of Congress, were declared to be in a state of insurrection against
the United States; and whereas said State government can only be
restored to its former political relations in the Union by consent of
the lawmaking power of the United States; and whereas the people of
said State did, on the 22d of February, 1865, by a large popular vote,
adopt and ratify a constitution of government whereby slavery was
abolished and all ordinances and laws of secession and debts contracted
under the same were declared void; and whereas a State government has
been organized under said constitution which has ratified the amendment
to the constitution abolishing slavery, also the amendment proposed by
the thirty-ninth Congress" (the Fourteenth Amendment) "and has done
other acts proclaiming and denoting loyalty: Therefore, _Be it resolved
by the Senate and House of Representatives in Congress assembled_, That
the State of Tennessee is hereby restored to her former practical
relations to the {83} Union, and is again entitled to be represented by
Senators and Representatives in Congress."
[Sidenote: The Tennessee precedent.]
These proceedings made it certain that, while Congress had failed to
pass any formal act making the acceptance of the proposed Fourteenth
Amendment a condition precedent to the readmission of the other
"States" which had been in rebellion, Congress would not readmit any of
them which did not do this. Tennessee, it was thought, had sinned the
least of all, and, therefore, should be readmitted on lightest terms.
More might be righteously required of the others, but not less.
[Sidenote: The President's message in regard to the rehabilitation of
Tennessee.]
The President signed the resolution, but accompanied the same with a
short message in which he made a rather telling criticism upon the
procedure of submitting proposed constitutional amendments to bodies
not already "States" in the Union, and warned Congress against
construing his approval as committing him to all of the statements of
fact contained in the preamble to the resolution, or to the doctrine
that Congress had any right "to pass laws preliminary to the admission
of duly qualified Representatives from any of the States." These latter
words manifest the fact that the President was still holding on to the
idea that the whole function of Congress in Reconstruction consisted in
the power of each House to judge of the election and qualifications of
its members.
Public-domain text, read in full here on John Shaqi.
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