Five months passed before the committee reported. During that interval
Congress took no action determining the question at issue. A vast number
of bills and resolutions was introduced proposing various modes of
treatment for the southern states and various theories regarding their
status, which are interesting to the historian, but all of which fell by
the way. The Freedmen's Bureau Bill, if it had become law during this
period, would have implied that in the opinion of Congress the late
Confederate States were simply territory of the United States and not
states in the Union.[57] But this bill failed to be repassed over the
President's veto.[58] The Civil Rights Bill, which became law on April 9,
1866, made it a crime to discriminate against any person on account of his
race or color under the alleged authority of any state law or custom, gave
the federal judicial authorities power to arrest and punish any person
guilty of this offense, and also gave the federal courts jurisdiction
over any case before a state court in which such discrimination was
attempted.[59] This law created entirely new relations between federal and
state authority, but since it was passed as an act to enforce the
Thirteenth Amendment,[60] and applied to all states alike, it committed
Congress to no declaration regarding the status of the southern states.
The joint committee made its long-expected report on April 30, 1866.[61] A
great number of witnesses had been examined regarding conditions in the
South, whose testimony fills a large volume and purports to be the basis
of the committee's report. The committee thought that since the Johnson
governments had been set up under the military authority of the President
and were merely instruments through which he had exercised that power in
governing conquered territory, they were not regular state governments.
This belief was confirmed by the fact that the existing state
constitutions had been framed by conventions acting under the constant
direction of the President, and also by the fact that they had not been
submitted to the people for adoption. The Johnson governments then were
not state governments at all, and so could not send representatives to
Congress.
The committee appealed less to this constitutional argument than to
arguments of policy. It was willing to grant the "profitless abstraction"
that the southern states still remained states. The people of those states
had waged war on the United States. Though subdued, they were defiant,
disloyal, and abusive. They showed no disposition to abate their hatred
for the Union or their affection for the Confederacy. To accord to such a
people entire independence, taking no measures for security from future
danger; to admit their representatives to Congress; to allow conquered
enemies "to participate in making laws for their conquerors;" to turn over
to the custody of recent enemies the treasury, the army, the whole
administration--this would be madness unexampled.
Public-domain text, read in full here on John Shaqi.
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