In section 5 of this bill were stated the conditions upon which the
southern states might regain their places in the Union. In each of them a
constitutional convention should be elected. For members of this
convention all male "citizens" of the voting age should vote, except those
excluded from office by the pending Fourteenth Amendment. These were
forbidden to sit in the convention or to vote for delegates. The
convention thus formed should frame a new constitution, which should give
the franchise to all persons qualified to vote for delegates by the
present bill. The constitution should be submitted to the people of the
state for ratification, and to Congress for approval. When these should
have been received, and when the legislature elected under the new
constitution should have ratified the Fourteenth Amendment, then Congress
should pass an act admitting the reconstructed state to Congressional
representation, and the present law should cease to operate in that
state.[69]
The principle of this bill was the same as that of the reconstruction
measures first undertaken at the suggestion of the joint committee, namely
the punishment of an enemy. The debate in the House was opened by a
felicitous quotation from Vattel on the public law applicable to the case
of a conquered enemy.[70] The punishment here provided was, however, more
severe than that first proposed. The former program was designed to offer
to the states the alternative of adopting the Fourteenth Amendment or
remaining out of the Union and under the Freedman's Bureau--which was,
indeed, regarded as a very obnoxious alternative. But the present bill
required them not only to ratify the amendment, but to adopt new
constitutions, elect new governments, enfranchise the negroes, and
disfranchise their most prominent and respected citizens; and meanwhile
imposed upon them not simply a bureau, to interfere in individual cases,
but the virtually absolute rule of a military governor.
This bill was passed over Johnson's veto on March 2, 1867. On March 23 a
supplementary act was passed, providing means for executing section 5 of
the preceding act. The initiative in calling the constitutional
conventions, instead of being left to the states, to be exercised or not,
as they chose, was now assigned to the military governor. He, with the
assistance of such boards of registry as he might create, was directed to
register all persons qualified to vote for delegates. He should then fix
the number of delegates and arrange the plan of representation, set the
day for election and summon the convention.[71]
A third reconstruction act was passed on July 19, 1867. It is unnecessary
to discuss it, since it was only explanatory of the acts of March 2 and
23, and added nothing which needs mention here to their provisions.[72]
* * * * *
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