THE FOURTEENTH AMENDMENT 



By Charles E. Chadsey 



The history of the formulation of the fourteenth amendment to 

 the Constitution of the United States is interesting as an example of 

 the workings of Congress during the struggle over the reconstruc- 

 tion of the Southern States after the Civil War. The subjection of 

 these states in the spring of 1865 made necessary some plan for 

 their reorganization. The history of the development of the theory 

 of reconstruction, a development which had been in process since the 

 beginning of the war and which was crystallized by the active oppo- 

 sition of President Johnson, bears indirectly upon the passage of the 

 resolution submitting the amendment. 



The original attitude of Congress towards the Southern States 

 was embodied in the restoration idea. It was thought that when the 

 war was over the states would return to their old allegiance and that 

 the relations which formerly existed between them and the central 

 government would be restored. As the war dragged on, more rad- 

 ical feelings came to predominate and the majority came to believe 

 that the South when crushed should be considered as subjugated ter- 

 ritory entirely at the mercy of the central government. The death 

 of Lincoln and the accession of Johnson who speedily antagonized 

 this radical element resulted in the drawing of party lines with great 

 strictness. 



As was only natural, the Republican party possessed an over- 

 whelming majority in Congress. A large proportion of these Re- 

 publicans thoroughly distrusted the South. It seemed to them that 

 a people who for four years had been using every energy in the 

 effort to destroy the Union could not possibly be serious in their 

 claim that they now proposed to be good, peaceable and loyal citi- 

 zens. In their eyes they had proven themselves traitors and 



