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
And its final conclusion was, "that Congress would not be justified in
admitting such communities to a participation in the government of the
country without first providing such constitutional or other guarantees
as would tend to secure the civil rights of all citizens of the
Republic; a just equality of representation; protection against claims
founded in rebellion and crime; a temporary restoration of the right of
suffrage to those {86} who have not actively participated in the
efforts to destroy the Union and overthrow the Government; and the
exclusion from positions of public trust of at least a portion of those
whose crimes have proved them to be the enemies of the Union, and
unworthy of public confidence."
As we have seen, the proposed Fourteenth Article of Amendment had
provided for all of these things, except the direct conferring of
suffrage on anybody. With this exception, it had gone even further, in
its provision declaratory of citizenship, and in its protection of the
public debt of the Union.
[Sidenote: The minority report.]
The report of the minority, that is of the three Democrats, was written
by Mr. Reverdy Johnson, of Maryland. It was, as a lawyer's brief, an
able presentation of the view that a "State" of the Union can never
become anything else than a "State," no matter what may be the
character, deeds, attempts or disposition of the people who inhabit it,
and is at all times entitled to the same powers, rights and privileges,
under the Constitution of the United States. It was, however, the
veriest dry bones of legal reasoning, the veriest sophistry of juristic
abstraction. There was no political science in it, no common sense in
it, and it ended with an unfortunate and irritating defence of
President Johnson's personal loyalty, which had not been in the
slightest degree impugned by the majority.
[Sidenote: The idea of a new electorate as the basis and condition of
Reconstruction.]
Public-domain text, read in full here on John Shaqi.
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