The Struggle between President Johnson and Congress over ReconstructionChadsey, Charles E. (Charles Ernest)
History
The Struggle between President Johnson and Congress over Reconstruction
Chadsey, Charles E. (Charles Ernest)
Johnson, Andrew, 1808-1875; United States -- Politics and government -- 1865-1869
The report of the dissenting members of the committee, Messrs. Johnson,
Rogers and Grider, was an ably prepared document embodying at length the
doctrines of the minority in Congress, composed of the Democrats and the
few Republicans who still sustained the President. As a matter of course
the argument was built upon the premise that the so-called Confederate
States were never legally separated from the Union, but were bound by all
the obligations and entitled to all the privileges of other States. "In
its nature the government is formed of and by States possessing equal
rights and powers." A State cannot be held to have forfeited its rights.
"To concede that by the illegal conduct of her own citizens she can be
withdrawn from the Union, is virtually to concede the right of secession."
Were the States out of the Union, the minority continued, the submission
to them of the proposed constitutional amendment would be absurd; and such
submission virtually conceded that the condition of the States remained
unchanged. The constitutional power to suppress insurrection is for the
preservation, not the subjugation of the State. "The continuance of the
Union of all the States is necessary to the intended existence of the
Government," and a different principle leads to disintegration. The war
power, as such, cannot be used to extinguish the States; the Government
only seeks to suppress the insurrection, achieving which all the States
resume their normal relations. The States now have organized governments,
republican in form, and the manner in which they were formed is no concern
of Congress. "Congress may admit new States, but a State once admitted
ceases to be within its control and can never again be brought within it."
There is nothing in the political condition of these States justifying
their exclusion from representation in Congress. The proposed amendment
would degrade the Southern States, as it would compel them to accept
either a lessened representation or negro suffrage. Further, it interfered
with the right of every State to regulate the franchise; and, by joining
several subjects and requiring them to be voted on as a whole, deprived
the people of the opportunity of passing on this important question
separately.
8. The Joint Committee on Reconstruction had already reported two bills
and one joint resolution which in its report of June 18 were declared to
be the fruit of its labors. These were introduced in the House by Mr.
Stevens, April 30. The resolution proposed an amendment to the
Constitution, which, as finally amended, became the 14th Amendment.[111]
The two accompanying bills were entitled respectively: (1) "A Bill to
provide for restoring the States lately in insurrection to their full
political rights." (2) "A Bill declaring certain persons ineligible to
office under the Government of the United States."
Public-domain text, read in full here on John Shaqi.
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