In addition to the first section, as shown above, the amendment provided
that Representatives should be apportioned among the several states
according to population, but that when the right to vote was denied in
any state to any of the male inhabitants who were twenty-one years of
age and citizens of the United States, except for rebellion or other
crime, the representation of such state in Congress and the Electoral
College should be proportionately reduced. Also that no person should
hold any office under the United States or any state who, having
previously taken an oath to support the Constitution of the United
States, had engaged in insurrection or rebellion against the same, but
that Congress might, by a two-thirds vote, remove such disability. Also
that the validity of the public debt of the United States should not be
questioned, but that no debt incurred in aid of insurrection or
rebellion should ever be paid by the United States or any state. The
concluding section provided that Congress should have power to enforce
by appropriate legislation the provisions of the article.
The Fourteenth Amendment passed the Senate June 8, by 33 to 11, and the
House June 13, by 138 to 36. Sumner had opposed it bitterly in debate
because it dodged, as he said, the question of negro suffrage; but when
the vote was taken he recorded himself in the affirmative.
The report of the committee giving the reasons for their action was
submitted on the 18th of June. It held that the seceding states, having
withdrawn from Congress and levied war against the United States, could
be restored to their former places only by permission of the
constitutional power against which they had rebelled acting through all
the coördinate branches of the Government and not by the executive
department alone.
If the President [it said] may, at his will and under his own
authority, whether as military commander, or chief executive,
qualify persons to appoint Senators and elect Representatives,
and empower others to elect and appoint them, he thereby
practically controls the organization of the legislative
department. The constitutional form of government is thereby
practically destroyed, and its powers absorbed by the
Executive. And while your committee do not for a moment impute
to the President any such design, but cheerfully concede to him
the most patriotic motives, they cannot but look with alarm
upon a precedent so fraught with danger to the Republic.
This conclusion was logical but misleading. The danger to the Republic
lay not in the absorption of powers by the Executive, but in the
prolongation of chaos, in dethroning intelligence, and arming ignorance
in the desolated districts of the South.[96]
Public-domain text, read in full here on John Shaqi.
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