process of law; nor deny to any person within its jurisdiction the equal pro tection of the laws.

"SEC. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of such male citizens twenty-one years age in such State.

of

"SEC. 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States or under any State, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.

"SEC. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations, and claims shall be held illegal and void.

"SEC. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."

The President was requested to send the Amendment to the several States for ratification.

On the 22d of June, President Johnson sent a message to Congress informing them that the Secretary of State had transmitted to the Governors of the several States certified copies of the proposed amendment. "These steps," said the President," are to be considered as purely ministerial, and in no sense whatever committing the Executive to an approval of the recommendation of the amendment." It seemed to the President a serious objection to the proposition "that the joint resolution was not submitted by the two houses for the approval of the President, and that of the

thirty-six States which constitute the Union, eleven are excluded from representation."

The President having no power under the Constitution to veto a joint resolution submitting a constitutional amendment to the people, this voluntary expression of opinion could not have been designed to have an influence upon the action of Congress. The document could have been designed by its author only as an årgument with the State Legislatures against the ratification of the Constitutional Amendment, and as a notice to the Southern people that they were badly treated.

The President's message was received by Congress without comment, and referred to the Committee on Reconstruction.

30

CHAPTER XIX.

REPORT OF THE COMMITTEE ON RECONSTRUCTION.

AN IMPORTANT STATE PAPER-WORK OF THE COMMITTEE-DIFFICULTY OF OBTAINING INFORMATION-THEORY OF THE PRESIDENT-TAXATION AND REPRESENTATION-DISPOSITION AND DOINGS OF THE SOUTHERN PEOPLECONCLUSION OF THE COMMITTEE PRACTICAL RECOMMENDATIONS.

0N

N the 8th of June, the day on which the constitutional amendment passed the Senate, the report of the joint Committee on Reconstruction was presented to Congress. This important State paper had been looked for with great interest and no little anxiety by the people in all parts of the country. It was drawn up with marked ability, and was destined to have a most important bearing upon public opinion in reference to the great subject which, in all its bearings, it brought to the view of Congress and the country.

The committee having had unrivalled opportunities for obtaining information, their conclusions commanded the respect of those who differed from them, and obtained the almost unanimous approval of the party which carried the war to a successful close.

Referring to the nature of the work which was required of them, the committee said:

"Such an investigation, covering so large an extent of territory, and involving so many important considerations, must necessarily require no trifling labor, and consume a very considerable amount of time. It must embrace the condition in which those States were left at the close of the war; the measures which have been taken toward the reörganization of civil government, and the disposition of the people toward the United States—in a word, their fitness to take an active part in the administration of national affairs."

The first step to be taken by the committee, that of obtaining required information, and the difficulties attending it, were thus set forth:

"A call was made on the President for the information in his possession as to what had been done, in order that Congress might judge for itself as to the grounds of belief expressed by him in the fitness of States recently in rebellion to participate fully in the conduct of national affairs. This information was not immediately communicated. When the response was finally made, some six weeks after your committee had been in actual session, it was found that the evidence upon which the President seemed to have based his suggestions was incomplete and unsatisfactory. Authenticated copies of the constitutions and ordinances adopted by the conventions in three of the States had been submitted; extracts from newspapers furnished scanty information as to the action of one other State, and nothing appears to have been communicated as to the remainder. There was no evidence of the loyalty of those who participated in these conventions, and in one State alone was any proposition made to submit the action of the convention to the final judgment of the people.

"Failing to obtain the desired information, and left to grope for light wherever it might be found, your committee did not deem it either advisable or safe to adopt, without further examination, the suggestions of the President, more especially as he had not deemed it expedient to remove the military force, to suspend martial law, or to restore the writ of habeas corpus, but still thought it necessary to exercise over the people of the rebellious States his military power and jurisdiction. This conclusion derived greater force from the fact, undisputed, that in all those States, except Tennessee, and, perhaps, Arkansas, the elections which were held for State officers and members of Congress had resulted almost universally in the defeat of candidates who had been true to the Union, and in the election of notorious and unpardoned rebels-men who could not take the prescribed oath of office, and who made no secret of their hostility to the Government and the people of the United States.

"Under these circumstances, any thing like hasty action would have been as dangerous as it was obviously unwise. It appeared to your committee that but one course remained, viz.: to investigate carefully and thoroughly the state of feeling and opinion existing among the people of these States; to ascertain how far their pretended loyalty could be relied upon, and thence to infer whether it would be safe to admit them at once to a full participation in the Government they had fought for four years to destroy. It was an equally important inquiry whether their restoration to their former relations with the United States should only be granted upon certain conditions and guarantees, which would effectually secure the nation against a recurrence of evils so disastrous as those from which it had escaped at so enormous a sacrifice."

The theory of the President, and those who demanded the immediate admission of Southern Senators and Representatives, was stated in the report to amount to this:

"That, inasmuch as the lately insurgent States had no legal right to separate themselves from the Union, they still retain their positions as States,

and, consequently, the people thereof have a right to immediate representation in Congress, without the imposition of any conditions whatever; and, further, that until such admission, Congress has no right to tax them for the support of the Government. It has even been contended that, until such admission, all legislation affecting their interests is, if not unconstitutional, at least unjustifiable and oppressive.

"It is moreover contended that, from the moment when rebellion lays down its arms, and actual hostilities cease, all political rights of rebellious communities are at once restored; that because the people of a State of the Union were once an organized community within the Union, they necessarily so remain, and their right to be represented in Congress at any and all times, and to participate in the government of the country under all circumstances, admits of neither question nor dispute. If this is indeed true, then is the Government of the United States powerless for its own protection, and flagrant rebellion, carried to the extreme of civil war, is a pastime which any State may play at, not only certain that it can lose nothing, in any event, but may be the gainer by defeat. If rebellion succeeds, it accomplishes its purpose and destroys the Government. If it fails, the war has been barren of results, and the battle may be fought out in the legislative halls of the country. Treason defeated in the field has only to take possession of Congress and the Cabinet."

The committee in this report asserted:

"It is more than idle, it is a mockery to contend that a people who have thrown off their allegiance, destroyed the local government which bound their States to the Union as members thereof, defied its authority, refused to execute its laws, and abrogated every provision which gave them political rights within the Union, still retain through all the perfect and entire right to resume at their own will and pleasure all their privileges within the Union, and especially to participate in its government and control the conduct of its affairs. To admit such a principle for one moment would be to declare that treason is always master and loyalty a blunder."

To a favorite argument of the advocates of immediate restoration of the rebel States, the report presented the following reply:

"That taxation should be only with the consent of the people, through their own representatives, is a cardinal principle of all free governments; but it is not true that taxation and representation must go together under all circumstances and at every moment of time. The people of the District of Columbia and of the Territories are taxed, although not represented in Congress. If it be true that the people of the so-called Confederate States have no right to throw off the authority of the United States, it is equally true that they are bound at all times to share the burdens of Government. They can not, either legally or equitably, refuse to bear their just proportion of these burdens by voluntarily abdicating their rights and privileges as States of the Union, and refusing to be represented in the councils of the