The Negro and the Nation: A History of American Slavery and EnfranchisementMerriam, George Spring
History
The Negro and the Nation: A History of American Slavery and Enfranchisement
Merriam, George Spring
African Americans -- History; Slavery -- United States -- History
The weakness of the veto message on the Freedmen's Bureau bill had been
the absence of any solicitude for the welfare of the freedmen;
constitutional theory seemed to wholly supersede the practical necessity
of the case. Now Congress again approached the matter in the Civil
Rights bill, carefully formulated in the judiciary committee, thoroughly
debated and amended, and passed by both houses late in March. It
affirmed United States citizenship for all persons born in the country
and not subject to any foreign power; it declared for all citizens an
equal right to make and enforce contracts, sue, give evidence, hold and
sell property, etc.; full equality as to security of person and
property, as to pains and penalties,--in short, complete civil equality.
Original jurisdiction was given to United States courts, and to these
could be transferred any case involving these subjects begun in a State
court. The bill empowered the President to use the army for its
enforcement. All this was under authority of the Thirteenth Amendment.
This, too, the President vetoed, as unnecessary, as employing the
military arm too freely, as extending unwisely the power of the Federal
Government, and as especially unwise legislation while eleven States out
of thirty-six were unrepresented in Congress. But the President was now
going in the face not only of the congressional majority but of the
North at large, which was unmistakably opposed to leaving the freedmen
with no protection against their old masters. The veto was overridden,
and became a law April 9. The Freedmen's Bureau bill, somewhat amended,
was again passed, this time over a veto, and became a law July 16.
It was after the decisive victory over the President on the Civil Rights
bill that Congress took up the comprehensive measure which embodied its
own plan of reconstruction as a substitute for the President's. That
measure was the Fourteenth Amendment. It was drawn up by the
reconstruction committee, of which Senator Fessenden was chairman, and
probably his was the leading part in framing its provisions. The first
proposition was only to make the basis of congressional representation
dependent on the extension or denial of suffrage to the freedmen. This
was proposed January 22, 1866, and after some weeks' discussion passed
the House but failed in the Senate. It was replaced by a broader
measure, which was reported April 30, debated and amended for six weeks,
and finally in mid-June took the form in which it now stands in the
Constitution, and was approved by Congress. It then went before the
States for their action, with a tacit but strong implication that upon
its acceptance and adoption the lately seceded States would be fully
restored. It was in effect the plan of reconstruction first offered by
Congress, as a substitute for the President's.
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