How restored? How is the public debt guaranteed? The rebel debt, how previously taken an oath, as a member of Congress, or as any 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 repudiated? any State shall assume or pay any debt or obliga tion 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. 236. 275. This amendment was never submitted to the President for his approval or veto. In a message to Congress, he said, that the sending it to the States was not to be construed into an approval of its provisions. Nevertheless, it was sent by the Secretary of State to all the States. In a letter of transmission to the editor, on the 29th October, 1867, the Secretary of State remarks: "I also send an accurate copy (of the fourteenth amendment) as proposed by Congress; but as this amendment has not yet been ratified by a sufficient number of the States, through their legislatures, agreeably to the requirements of the Constitution, it is not deemed expedient in this case to promulgate any official data in relation thereto." Applica Application was then made to the clerk of the House of Representatives who politely furnished the following : Dates of the ratification of the XIVth constitutional amendment. 1866: Connecticut, June 30; New Hampshire, July 7; Tennessee, July 19; New Jersey, September 11; Oregon, September 19; Vermont, November 7. 1867: New York, January 10; Ohio, January 11 (withdrawn Jan. 1868); Nevada, January 11 and 22; Illinois, January 15; West Virginia, January 16; Kansas, January 18; Missouri, January 26; Indiana, January 29; Minnesota, February 1; Rhode Island, February 7; Pennsylvania, February 13; Wisconsin, February 13; Michigan, February 15, Massachusetts, Ratified by 22 States; rejected by 13; not acted on by 2. When submitted there were 36 States; Nebraska added, makes 37. Threefourths of all were 27, now 28. If we deduct the ten rebel States, 19 would be sufficient. In the case of Mississippi v. Johnson, 4 Wall. 475, it was sought to enjoin the operation of these laws upon the ground of their unconstitutionality. The arguments are fully reported; but the court limited the inquiry to the single point, Can the President be restrained by injunction from carrying into effect an act of Congress alleged to be unconstitutional? After reviewing Marbury v. Madison, 1 Cr. 137, and Kendall v. Stockton & Stokes, 12 Pet. 527, it was said: "The Congress is the legislative depart- 14, 165. ment of the government; the President is the executive department. Neither can be restrained in its action by the judicial department; though the acts of both, when performed, are, in proper cases, subject to its cognizance." Mississippi v. Johnson, 4 Wall, 500. The rule was denied. Id. 501. " 195. 236. 274. There are many persons whose opinions are entitled to respect, who maintain that the ratification is complete without the concurrence of the non-reconstructed States. (See Farrar's Const. § 448, note 1.) If this view be correct, then the ratification is already accomplished, and the fourteenth amendment stands as a part of the Constitution. But if it be not correct, the editor doubts not but the amendment will be adopted within the present year, by enough of those ten States (unless prevented by civil war), to insure its ratification, after the same manner that the thirteenth amendment was ratified. It has therefore been printed, to prevent future confusion, in the index, and stereotyped pages. Should it never go into practical operation, the constitutional student will reject the propositions which it embraces. It has been seen that the Secretary of State discards the notion that the amendment is yet complete. It is also painfully true, that in a message to the Senate, and in other public declarations, the President questioned the expediency, if he did not deny the power of Congress to submit this amendment, while a portion of the States were not represented and allowed to vote upon such submission. But this argument would also go to the thirteenth amendment, unless, indeed, there 117, 118. be a distinction between the rights of States of the Union, when engaged in actual war against the United States, and after that 46. resistance has been conquered and such rebellious peoples have sent back their representatives to Congress. 236. 274. 276. It has been seen that the President imposed upon these same States the condition of adopting the thirteenth amendment, and thus forever destroyed slavery within the jurisdiction of the United States. This was claimed in virtue of the war power, and for the general welfare of the whole Union. The thing has been 11, 79, 80. done, and the complete change of organic law has gone into history. 274. 236. Act of March 2, 1867. Preamble? How are certain rebel The country accepted the act, and there were those who thought this enough But Congress, adopting the view that further amendments were necessary; and, either holding that the ratification of three-fourths of all the States was required; or else wishing to test the fact, that these States so lately in rebellion, had given evidence of loyalty and submission, and claiming for Congress the power to impose further conditions than the President had demanded, with a view to secure liberty and equal political rights to all, and to compel those States to ratify the amendment, enacted the following series of laws : "An Act to provide for the more efficient Government of the Rebel States. "WHEREAS no legal State governments or adequate protection for life or property now exists in the rebel States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas; and whereas it is necessary that peace and good order should be enforced in said States, until loyal and republican State governments can be legally established; therefore, "Be it enacted, &c., That said rebel States shall be divided into States to be military districts, and made subject to the military authority of divided, the United States as hereinafter prescribed, and for that purpose and subject- Virginia shall constitute the first district; North Carolina and ed to military South Carolina, the second district; Georgia, Alabama, and authority? Florida, the third district; Mississippi and Arkansas, the fourth district; and Louisiana and Texas, the fifth district. Is the "2. It shall be the duty of the President to assign to the comto assign an army officer mand of each of said districts, an officer of the army, not below the to command rank of brigadier-general, and to detail a sufficient military force each district? Military force to be detailed? What are the duties to enable such officer to perform his duties, and enforce his authority within the district to which he is assigned. "3. It shall be the duty of each officer assigned as aforesaid, to protect all persons in their rights of person and property, to suppress insurrection, disorder, and violence, and to punish, or cause to of command-be punished, all disturbers of the public peace and criminals; and ers of districts? Local civil tribunals? to this end he may allow local civil tribunals to take jurisdiction of and to try offenders, or, when in his judgment it may be necessary for the trial of offenders, he shall have power to organize State inter- military commissions or tribunals for that purpose, and all interference under color of State authority with the exercise of military authority under this act, shall be null and void. ference declared null ? Persons "4. All persons put under military arrest by virtue of this act shall be tried without unnecessary delay, and no cruel or unusual punishment shall be inflicted, and no sentence of any military commission or tribunal hereby authorized, affecting the life or liberty of any person, shall be executed until it is approved by the officer in command of the district, and the laws and regulations for the government of the army shall not be affected by this act, except in sentences of so far as they conflict with its provisions: Provided, That no senmilitary tribunals to tence of death under the provisions of this act shall be carried into be executed? effect without the approval of the President. under military arrest to be speedily tried? What rule of punishment? How are are States elected? "5. When the people of any one of said rebel States shall have Upon what formed a constitution of government in conformity with the Con-conditions stitution of the United States in all respects, framed by a conven- entitled to tion of delegates elected by the male citizens of said State, twenty- representaone years old and upward, of whatever race, color, or previous con- tion in Congress? dition, who have been resident in said State for one year previous Delegates to to the day of such election, except such as may be disfranchised conventions, for participation in the rebellion, or for felony at common law, and by whom when such Constitution shall provide that the elective franchise what is the shall be enjoyed by all such persons as have the qualifications elective herein stated for electors of delegates, and when such Con-franchise? stitution shall be ratified by a majority of the persons voting on the question of ratification who are qualified as electors for delegates, and when such Constitution shall have been submitted to Congress for examination and approval, and Congress shall have approved the same, and when said State, by a vote of The State to its legislature elected under said Constitution, shall have adopted adopt the the amendment to the Constitution of the United States, proposed to the Conby the Thirty-ninth Congress, and known as article fourteen, and stitution? when said article shall have become a part of the Constitution of the United States, said State shall be declared entitled to representation in Congress, and senators and representatives shall be admitted therefrom on their taking the oath prescribed by law, and What qualithen and thereafter the preceding sections of this act shall be in-fications of operative in said State : Provided, That no person excluded from representathe privilege of holding office by said proposed amendment to the tives? Constitution of the United States, shall be eligible to election as a member of the convention to frame a Constitution for any of said rebel States, nor shall any such person vote for members of such convention. amendment senators and ments of vote in "6. Until the people of said rebel States shall be by law admit- What are ted to representation in the Congress of the United States, any civil the civil governments which may exist therein shall be deemed provisional governonly, and in all respects subject to the paramount authority of the such States? United States at any time to abolish, modify, control, or supersede Who may the same; and in all elections to any office under such provisional elections? governments all persons shall be entitled to vote, and none others, who are entitled to vote, under the provisions of the fifth section of this act; and no person shall be eligible to any office under any such provisional governments who would be disqualified from holding office under the provisions of the third article of said constitutional amendment." This act was passed over the President's veto, March 2, 1867. "AN ACT supplementary to an act entitled 'An act to provide for Act of the more efficient government of the rebel States,' passed March March 23, second, eighteen hundred and sixty-seven, and to facilitate 1867. restoration. "Be it enacted, &c., That before the first day of September, eighteen hundred and sixty-seven, the commanding general in each district defined by an act entitled 'An act to provide for the more efficient Who are government of the rebel States,' passed March second, eighteen be registered hundred and sixty-seven, shall cause a registration to be made of as voters? entitled to the male citizens of the United States, twenty-one years of age and upwards, resident in each county or parish in the State or States included in his district, which registration shall include only those persons who are qualified to vote for delegates by the act aforesaid, and who shall have taken and subscribed the following oath or What oath affirmation: 'I, -, do solemnly swear (or affirm), in the presence of the voters? 282. 242. When and by whose order is the election to be held? How to vote for or against a convention? of Almighty God, that I am a citizen of the State of -; that I have "2. After the completion of the registration hereby provided for in any State, at such time and places therein as the commanding general shall appoint and direct, of which at least thirty days' public notice shall be given, an election shall be held of [for] delegates to a convention for the purpose of establishing a Constitution and civil government for such State loyal to the Union, said convention in each State, except Virginia, to consist of the same number of members as the most numerous branch of the State legislature of such State in the year eighteen hundred and sixty, to be apportioned among the several districts, counties, or parishes of such State by the commanding general, giving to each representation in the ratio of voters registered as aforesaid as nearly as may be. The convention in Virginia shall consist of the same number of members as represented the territory now constituting Virginia in the most numerous branch of the legislature of said State in the year eighteen hundred and sixty, to be apportioned as aforesaid. "3. At said election the registered voters of each State shall vote for or against a convention to form a Constitution therefor under this act. Those voting in favor of such a convention shall have written or printed on the ballots by which they vote for delegates, as aforesaid, the words 'For a convention;' and those voting against such a convention shall have written or printed on such ballots the words 'Against a convention.' The persons appointed to superintend said election, and to make return of the votes given thereat, as herein provided, shall count and make return of the votes given for and against a convention; and the commanding general to whom the same shall have been returned shall ascertain and declare the |