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
The Reconstruction bill was presented from the Committee of fifteen on
Reconstruction to the House of Representatives on the 6th of February
by Mr. Stevens. It was a thoroughly drastic measure. Instead of
creating Territorial civil government in the usual manner, with an
electorate designated by Congress, and with powers under the control of
Congress, and sustained, if necessary, by the military of the United
States, which would have been amply sufficient to meet all the real or
proper exigencies of the case, the bill began by declaring that the
pretended "State" governments of the so-called Confederate States did
not protect adequately life or property, but countenanced and
encouraged lawlessness and crime; and that it was necessary that peace
and good order should be enforced in the so-called Confederate States
until loyal "State" governments could be legally established therein;
and then went on to enact that the said so-called Confederate States
should be divided into five military divisions and made subject to the
military authority of the United States, Virginia to constitute the
first division, North Carolina and South Carolina the second, Georgia,
Alabama, and Florida the third, Mississippi and Arkansas the fourth,
and Louisiana and Texas the fifth; that the General of the army should
assign an army officer of not less rank than a brigadier-general to the
command of each of these divisions, and detail sufficient military
forces, and place them under the command of each of said generals, to
enable him to enforce his authority in the district over which he
should be placed; that these commanders might use civil tribunals in
the enforcement of the laws if they should see fit, but that, if these
were not effective they might institute and govern through military
commissions; that no sentence of these commissions should be executed
until approved {113} by the commanding officer of the district; and
finally, that the United States courts and judges should issue no writs
of Habeas Corpus against the proceedings and judgments of these
commissions.
[Sidenote: The bill indefensible from the constitutional point of
view.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account