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 conflict between the President and Congress on the subject of
reconstruction was made still more apparent by the further action of
each. After the Arkansas case had been disposed of, Congress passed a
bill embodying its own views of the proper process of reconstruction.
By this measure it was directed that the President should appoint a
provisional governor for each of the States declared to be in
rebellion; that said governor should, as soon as military resistance
to the United States ceased, make an enrolment of the white male
citizens, submitting to each an oath to support the Constitution. If a
majority of the citizens should take and subscribe the oath, the
governor was to order an election of delegates to a constitutional
convention.
It was made the duty of the convention as its initial proceeding to
declare on behalf of the people of the State their submission to the
Constitution of the United States, and to incorporate in their own
organic law three fundamental provisions: First, No one who has held
any office under the Confederate Government except civil offices merely
ministerial, or military office below the rank of colonel, shall vote
for or be a member of the Legislature, or shall vote for or be elected
governor. Second, Involuntary servitude shall be forever prohibited,
and the freedom of all persons in the State guaranteed. Third, No
debt, State or Confederate, created in aid of the rebellion shall ever
be paid. In the event of a constitution being framed with these
provisions inserted, and then adopted by a majority of the popular vote
as already enrolled, the governor shall certify that fact to the
President, and thereupon the President, _after obtaining the assent of
Congress_, shall recognize the State government so established as a
legitimate and constitutional government competent to elect senators
and representatives in Congress and electors of President and
Vice-President.
This bill was passed on the last day of the session, July 4, 1864. It
was commonly regarded as a rebuke to the course of the President in
proceeding with the grave and momentous task of reconstruction without
waiting the action or invoking the counsel of Congress. Some of the
more radical members of both Houses considered the action of the
President as beyond his constitutional power, and they were very
positive and peremptory in condemning it. But Mr. Lincoln, with his
habitual caution and wise foresight, had specially avoided any form of
guaranty, or even suggestion to the States whose reconstruction he was
countenancing and aiding, that their senators and representatives would
be admitted to seats in Congress. Admission to membership he took care
to advise them was a discretion lodged solely in the respective Houses.
What he had done was in his own judgment clearly within his power as
Commander-in-Chief of the Armies of the Union, and was thus obviously
and solely an Executive act.
Public-domain text, read in full here on John Shaqi.
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