One of the reasons given by the joint committee on reconstruction for
abolishing the Johnson governments was that the Johnson constitutions had
not been ratified by popular vote, and therefore did not rest upon the
consent of a majority of the people. To avoid a like defect in the new
governments the act of March 23 had provided that the new constitutions
should be regarded as adopted only if a majority of the registered voters
took part in the vote on the question of adoption. At its next session
Congress repented of this provision; it was now seen to involve the risk
that the opponents of reconstruction in the southern states would defeat
the new constitutions by the plan of inaction. This risk should be
avoided, since the adoption of a state constitution probably meant the
election of a Republican state government, and hence of Republican
Senators, as well as Republican Congressional Representatives and
Republican Presidential Electors in November, 1868. These advantages would
be lost if the new constitutions were defeated. Therefore, by an act which
became law on March 11, 1868, the reconstruction legislation was amended
so as to provide that elections held under that legislation should be
decided by a majority of the votes cast. This act also adopted as part of
the general scheme two expedients already employed by Pope in the Third
District. That is to say, it provided that any registered voter might vote
in any election district in his state, provided he had lived there ten
days, and that the elections should be "continued from day to day."[134]
Aside from these alterations, Congress allowed reconstruction to complete
its course according to the first plan. Within the first six months of
1868 North Carolina, South Carolina, Louisiana and Florida, besides
Georgia, had adopted new constitutions. According to the Act of March 2,
1867, two more steps would complete the process for these states; namely,
the ratification by their legislatures of the Fourteenth Amendment, and
the declaration "by law" (provided Congress approved the constitutions)
that they were entitled to representation in Congress.[135] Congress now
decided, instead of waiting for the ratification of the amendment, to pass
the declaratory law at once, which should operate as soon as the
ratification should have occurred. By this method one act would suffice
for all the states which had adopted constitutions.
Public-domain text, read in full here on John Shaqi.
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