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
The amendment, as supported by Mr. Howard, was finally agreed to with
only ten votes in the negative. Mr. Hendricks, in lieu of the
amendment on the subject of representation, moved to add a clause
excluding two-fifths of "such persons as have been discharged from
involuntary servitude since the year 1861, and to whom the elective
franchise may be denied." He did this in order that representation
should be maintained on the same numerical basis that existed before
the war. The amendment was rejected without a division. Mr. Doolittle
offered an amendment on the subject of representation, embodying the
two propositions of making voters the basis of representation and
providing that "direct taxes shall be apportioned among the several
States according to the value of the real and personal taxable property
situated in each State, not belonging to the State or to the United
States;" but after elaborate debate it received only seven votes. On
motion of Mr. Williams of Oregon the amendment to section two was still
further amended by substituting the words "the right to vote" for
"elective franchise," as already agreed to. Mr. Clarke of New
Hampshire, who had shown throughout the discussion great aptness at
draughting Constitutional provisions in appropriate language, now
moved to substitute for section four, which had gone through various
mutations not necessary to recount here, the precise section as it now
stands in the Constitution.
In the course of the discussion Mr. Doolittle had moved that in
imposing political disabilities, those should be excepted "who have
duly received pardon and amnesty under the Constitution and laws."
He had just admitted the broadest possible power of a Constitutional
amendment duly adopted, and, recognizing that the amendment as it stood
would certainly include those who had received pardon from the
President, desired to avert that result. His amendment was very
briefly debated and on a call of the _ayes_ and _noes_ received only
ten votes. The effect of this vote unmistakably settled, in the
judgment of the law-making power of the Government, that the operation
of the Fourteenth Amendment would not in the least degree be affected
by the President's pardon. Before the proposed amendment of Mr.
Doolittle, Mr. Saulsbury had tested the sense of the Senate practically
on the same point, by moving to make the clause of the amendment read
thus: "Congress may by a vote of two-thirds of each House and the
President may by the exercise of the pardoning power, remove such
disabilities;" but it was rejected by a large majority, and every
proposition to permit the pardon of the President to affect the
disabilities prescribed by the Fourteenth Amendment in any way whatever
was promptly overruled.
Public-domain text, read in full here on John Shaqi.
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