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 condition that the proposed Fourteenth Amendment be
ratified by a sufficient number of "States" to make it a part of the
Constitution.]
All of the points of the measure have been commented on, except the
provision in the fifth section, which makes the adoption of the
proposed Fourteenth Amendment to the Constitution of the United States
by a number of "States" sufficient to ratify it a condition precedent
to the admission of any one of these so-called "rebel States" to
representation in Congress. The {122} adoption of the proposed
amendment by the particular "rebel State" seeking representation was
not sufficient. It must be ratified by at least three-fourths of all
the "States." No matter how speedily and sincerely the legislature of
Virginia might ratify the proposed Amendment, and fulfil all the other
conditions required by the Act, Virginia must remain under military
despotism until a very large number of the Northern "State"
legislatures had pleased to ratify the proposed Amendment. This was
certainly a pretty hard condition, and it was not a very fair way of
forcing the legislatures of the Northern States to adopt the proposed
Amendment. It was, however, an efficient weapon, and Congress had the
legal power to use it. It was unconscionable, though it was one of the
things about this measure which was constitutional.
[Sidenote: The Tenure-of-Office bill.]
Hand in hand with this bill went another measure, the purpose of which
was to limit the customary power of the President, if not his
constitutional power, over the civil official system, the so-called
Tenure-of-Office bill. On the first day of the session, December 3d,
1866, Mr. Williams of Oregon introduced this bill in the Senate, while
at the same moment a bill was introduced and passed in the House
repealing that section of the Confiscation Act of July 17th, 1862,
which authorized the President to extend pardon and amnesty by
proclamation to persons participating in the rebellion. The Senate
passed the latter bill or resolution on the 8th of January, 1867, and
the President, not considering that the Congress could either give or
take away his power to pardon secured to him by the Constitution,
simply pocketed the resolution, and it became a law on and from the
21st of January, having been presented to the President on the 9th.
Public-domain text, read in full here on John Shaqi.
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