For these reasons the committee recommended a joint resolution and two
bills. The resolution proposed an amendment to the Constitution forbidding
any state to abridge the civil rights of citizens of the United States, or
to deny to any person the equal protection of the laws, providing that a
state which withheld the electoral franchise from negroes should suffer a
deduction from its Congressional representation, and providing that until
1870 all adherents to the Confederacy should be excluded from voting for
members of Congress and for Presidential electors. The first of the two
bills was to enact "that whenever the above recited amendment [should]
have become a part of the Constitution of the United States, and any state
lately in insurrection [should] have ratified the same, and [should] have
modified its constitution and laws in accordance therewith," then its
representatives might be admitted to Congress. The second bill was to make
ineligible to office under the United States men who had been prominent in
the service of the Confederacy.
A minority of the committee took issue with the majority on both its legal
and its political views. The states under consideration, said the
minority, had never gone out of the Union; therefore, being states of the
Union, Congress could not lawfully deprive them of their rights as states.
That the Johnson governments were only the machinery of military
occupation, set up by the conquering general, was denied.
We know [said the minority report] that [the southern states] have
governments completely organized, with legislative, executive, and
judicial functions. We know that they are now in successful
operation; no one within their limits questions their legality, or is
denied their protection. How they were formed, under what auspices
they were formed, are inquiries with which Congress has no concern.
A state is under no restriction as to the mode of altering its
constitution; if it chooses to receive assistance from the President, or
any one else, the validity of the amended constitution is not affected.
To the statement of the majority regarding the disposition of the southern
people, the minority opposed the high authority of General Grant. In an
official report he had said:
I am satisfied that the mass of thinking men of the South accept the
present situation of affairs in good faith.... [They] are in earnest
in wishing to do what they think is required by the government ...
and if such a course was pointed out they would pursue it in good
faith.
The right way in which to deal with the southern people was, then, to
conciliate them, as the President had tried to do, not to perpetuate their
hostility.
If Congress adopted the program recommended by the majority, said the
minority, it would repudiate its own solemn declaration made in 1861,
Public-domain text, read in full here on John Shaqi.
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