that this war is not waged upon our part in any spirit of oppression,
nor purpose of overthrowing or interfering with the rights or
established institutions of those states, but to defend and maintain
the supremacy of the Constitution, and to preserve the Union, with
all the dignity, equality, and rights of the several states
unimpaired.[62]
The proposed provisions regarding ineligibility would dishonor the
government by annulling the pardons granted by the President. Further, the
program contradicted itself, since it proposed to treat the southern
communities as states, in submitting a constitutional amendment to them,
while at the same time imposing on them conditions to which a state could
not lawfully be subjected.
After a debate of which these two opposing reports are a convenient
summary, Congress adopted the program of the committee. The joint
resolution, changed into a form embodying the present Fourteenth
Amendment, was passed on June 13, 1866.[63] The two bills proposed were
taken up, but Congress adjourned without bringing them to a final vote,
leaving the South to be regulated during the recess by the Civil Rights
Act, and by an act, passed over the President's veto on July 16, embodying
in a less drastic form the provisions of the Freedmen's Bureau Bill which
had failed in February.[64]
When Congress met in December, 1866, the same voluminous mass of
reconstruction proposals and declaratory resolutions appeared in both
houses as at the last session. But the denunciation of the President and
of the Johnson governments was more emphatic in these bills and
resolutions, as well as in the debates. Sumner proposed a resolution to
this effect:
That all proceedings with a view to reconstruction originating in
executive power are in the nature of usurpation; that this usurpation
becomes especially offensive when it sets aside the fundamental
truths of our institutions; that it is shocking to common sense when
it undertakes to derive new governments from the hostile populations
which have just been engaged in armed rebellion, and that all
governments having such origin are necessarily illegal and void.[65]
Another resolution proposed that the committee of the House on territories
be instructed to take steps for organizing the districts known as
Virginia, North Carolina, etc., into states. Cullom said in a speech:
During the last session of this Congress we sent to the country a
proposed amendment to the Constitution.... The people of the rebel
states by their pretended legislatures are treating it with scorn and
contempt.... It is time, sir, that the people of the states were
informed in language not to be misunderstood that the people who
saved this country are going to reconstruct it in their own way, the
opposition of rebels to the contrary notwithstanding.[66]
Public-domain text, read in full here on John Shaqi.
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