| 1866
On the opening day of the 39th Congress, Republicans barred Southern representatives—including leading ex-Confederates like former Vice President of the Confederacy, Alexander Stephens—from returning to Congress. Congressional Republicans continued to exclude the ex-Confederate representatives until the Republicans determined when, and how, the former rebel states might be safely readmitted. Congress established the Joint Committee on Reconstruction to help guide this process. The committee was tasked with studying the conditions in the post-Civil War South and recommending a congressional response—one that might counter President Andrew Johnson, rally the Republican Party, and provide a new blueprint for Reconstruction. Chaired by Maine Senator William Pitt Fessenden, the fifteen-member committee included representatives from the U.S. House and the U.S. Senate, including influential Republicans like Pennsylvania Representative Thaddeus Stevens, Ohio Representative John Bingham, and Michigan Senator Jacob Howard. The committee’s most enduring constitutional legacy is Section One of the Fourteenth Amendment, arguably the most important provision added to the Constitution after the Bill of Rights. This key provision wrote the Declaration of Independence’s promise of freedom and equality into the Constitution. In June 1866, the committee issued this report—advancing a powerful vision for Reconstruction and suggesting a process for readmitting the ex-Confederate states.
A claim for the immediate admission of senators and representatives from the so-called Confederate States has been urged, which seems to your committee not to be founded either in reason or in law, and which cannot be passed without comment. Stated in a few words, it amounts 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. . . . 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 believed by your Committee that these propositions are not only wholly untenable, but, if admitted would tend to the destruction of the government.
It must not be forgotten that the people of these States, without justification or excuse, rose in insurrection against the United States. They deliberately abolished their State governments so far as the same connected them politically with the Union. . . . They opened hostilities and levied war against the government. They continued this war for four years with the most determined and malignant spirit. . . . Whether legally and constitutionally or not, they did, in fact, withdraw from the Union and made themselves subjects of another government of their own creation. And they only yielded when they were compelled by utter exhaustion to lay down their arms . . . expressing no regret, except that they had no longer the power to continue the desperate struggle.
It cannot, we think, be denied by any one, having tolerable acquaintance with public law, that the war thus waged was a civil war of the greatest magnitude. The people waging it were necessarily subject to all the rules which, by the law of nations, control a contest of that character, and to all the legitimate consequences following it. One of those consequences was that, within the limits prescribed by humanity, the conquered rebels were at the mercy of the conquerors. That a government thus outraged had a most perfect right to exact indemnity for the injuries done, and security against the recurrence of such outrages in the future, would seem too clear for dispute. . . .
Your committee came to the consideration of the subject referred to them with the most anxious desire to ascertain what was the condition of the people of the States recently in insurrection, and what, if anything, was necessary to be done before restoring them to the full enjoyment of all their original privileges. It was undeniable that the war into which they had plunged the country had materially changed their relations to the people of the loyal States. Slavery had been abolished by constitutional amendment. A large proportion of the population had become, instead of mere chattels, free men and citizens. Through all the past struggle these had remained true and loyal, and had, in large numbers, fought on the side of the Union. It was impossible to abandon them, without securing them their rights as free men and citizens. . . . Hence it became important to inquire what could be done to secure their rights, civil and political. It was evident to your committee that adequate security could only be found in appropriate constitutional provisions.
With such evidence before them, it is the opinion of your committee:
I. That the States lately in rebellion were, at the close of the war, disorganized communities, without civil government, and without constitutions or other forms, by virtue of which political relations could legally exist between them and the federal government.
II. That Congress cannot be expected to recognize as valid the election of representatives from disorganized communities, which, from the very nature of the case, were unable to present their claim to representation under those established and recognized rules, the observance of which has been hitherto required.
III. That Congress would not be justified in admitting such communities to a participation in the government of the country without first providing such constitutional or other guarantees as will tend to secure the civil rights of all citizens of the republic; a just equality of representation; protection against claims founded in rebellion and crime; a temporary restoration of the right of suffrage to those who had not actively participated in the efforts to destroy the Union and overthrow the government, and the exclusion from positions of public trust of, at least, a portion of those whose crimes have proved them to be enemies to the Union, and unworthy of public confidence. . . .
IV. Having, by this treasonable withdrawal from Congress, and by flagrant rebellion and war, forfeited all civil and political rights and privileges under the federal Constitution, they can only be restored thereto by the permission and authority of that constitutional power against which they rebelled and by which they were subdued.
V. These rebellious enemies were conquered by the people of the United States, acting through all the coordinate branches of the government, and not by the executive department alone. The powers of conqueror are not so vested in the President that he can fix and regulate the terms of settlement and confer congressional representation on conquered rebels and traitors. Nor can he, in any way, qualify enemies of the government to exercise its law-making power. The authority to restore rebels to political power in the federal government can be exercised only with the concurrence of all the departments in which political power is vested; and hence the several proclamations of the President to the people of the Confederate States cannot be considered as extending beyond the purposes declared, and can only be regarded as provisional permission by the commander-in-chief of the army to do certain acts, the effect and validity whereof is to be determined by the constitutional government, and not solely by the executive power. . . .
X. The conclusion of your committee therefore is, that the so-called Confederate States are not, at present, entitled to representation in the Congress of the United States; that, before allowing such representation, adequate security for future peace and safety should be required; that this can only be found in such changes of the organic law as shall determine the civil rights and privileges of all citizens in all parts of the republic, shall place representation on an equitable basis, shall fix a stigma upon treason, and protect the loyal people against future claims for the expenses incurred in support of rebellion for manumitted slaves, together with an express grant of power in Congress to enforce those provisions. To this end they offer a joint resolution for amending the Constitution of the United States and the two several bills designed to carry the same into effect, before referred to.
