Twenty Years of Congress, Volume 2: From Lincoln to Garfield, with a Review of the Events Which Led to the Political Revolution of 1860Blaine, James Gillespie
History
Twenty Years of Congress, Volume 2: From Lincoln to Garfield, with a Review of the Events Which Led to the Political Revolution of 1860
Blaine, James Gillespie
United States -- History; United States -- History -- 1865-1898
commit an act which in its effect would destroy the Constitution of the
United States, without incurring at least the moral guilt of perjury."
Mr. Reverdy Johnson supported Mr. Hendricks's amendment. "The effect
of the amendment of the committee," said he, "would be to embrace
nine-tenths, perhaps, of the gentlemen of the South, to disfranchise
them until Congress shall think proper, by a majority of two-thirds
of each branch, to remove the restriction. If the suggestion of the
senator from Indiana is not adopted," continued Mr. Johnson, "then all
who have at any time held any office under the United States, or who
have been in any branch of the Legislature of a State, which they
could not be without taking the oath required by the Constitution of
the United States, are to be excluded from holding the office or
senator or representative, or that of an elector for President or
Vice-President, or any office, civil or military, under the United
States." Mr. Fessenden reminded the senator from Maryland that the
provision, as proposed by the committee, included exactly those classes
to whom the obligation of an oath to support the Constitution was
prescribed in the sixth article of the Constitution, namely "Senators and
representatives and the members of the several State Legislatures, and
all executive and judicial officers, both of the United States and the
several States, shall be bound by oath or affirmation to support this
Constitution."
Mr. Sherman of Ohio pointed out that the amendment of Mr. Hendricks
would exclude from the operation of the section those who had left the
army of the United States to join the Rebellion. Mr. Hendricks's
amendment received but eight votes in the Senate, falling short of the
admitted Administration strength. Mr. Reverdy Johnson moved to strike
out the words which included members of the State Legislatures, but
the amendment secured only ten votes. He also moved to strike out the
words "having previously taken," and insert "at any time within ten
years preceding the 1st of January, 1861, had taken;" and this also
received but ten votes. Mr. Van Winkle moved to amend so that a
majority of all the members elected to each House should be empowered
to remove the disability, instead of two-thirds as required by the
amendment. This also received but ten votes.
Public-domain text, read in full here on John Shaqi.
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