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 radicals recognized that their extreme ideas could not obtain
congressional sanction, and made no effort to embody them in the plans
submitted. From the beginning of the session various propositions were
under discussion. Among these, the most attention was attracted by the
various propositions to modify the existing basis of apportionment of
representatives in Congress. Emancipation had rendered this necessary. The
"three-fifths clause" of the Constitution having become inoperative, the
increased representation resulting from the freeing of the slaves
necessitated a change. The first plan was "to apportion Representatives
according to the number of voters in the several States."[112] It was then
proposed to exclude from the basis of representation all whose political
rights were denied or abridged by any State on account of race or color.
This plan, supported by Blaine and Conkling,[113] passed the House on
January 31, 1866,[114] but was defeated in the Senate. Many felt that the
measure was too stringent. The object was virtually to force upon the
Southern States the enfranchisement of the negro.[115]
The Committee on Reconstruction hesitated for over a month after the
defeat of this resolution in the Senate. It was finally decided that the
only way in which the submission of the desired amendment could be
effected, was to concede something to the conservative element of the
Senate. Accordingly the draft of April 30 was presented as the
recommendation of the committee. This passed the House without
difficulty,[116] but encountered fierce opposition in the Senate. The
House resolution contained a provision which would have summarily and
unconditionally excluded from the franchise all participating in the
rebellion, until July 4, 1870. This was virtually a complete
disfranchisement of the Southern people, and although only temporary, it
was felt to be contrary to the spirit of our institutions and too
indiscriminate a punishment. It was accordingly stricken out by a
unanimous vote.[117] In its place Senator Howard proposed a clause which
forms section 3 of the 14th Amendment as it now stands. This clause, while
it withheld certain privileges of citizenship from participants in the
rebellion who had previously held civil or military office and had taken
an oath to support the Constitution of the United States, did not affect
the vast majority of Southerners; and it provided that Congress might, by
a two-thirds vote of each house, remove the disability of those who were
excepted from the restoration of privileges. Moreover, in place of the
plan supported by Blaine and Conkling for reducing the basis of
representation, the Committee on Reconstruction presented a proposition
which better satisfied the conservative element, and which stands to-day
as section 2 of the 14th Amendment. It provided that in case the right of
any male inhabitant of a State to vote was denied or abridged for any
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