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New York, Oct. 1. 1866
To the Govoner of Missisippi
Dr Sir I have the Honor of sending you enclosed copy of proposed modification of the Congressional Amendments, and to inform you of the sending of similar copies to the Goveners of Each of the States not now represented in Congress a similar copy has been placed in the hands of President Johnson but no knowledge of his views on them is held by us.
These modifications have received the approvals of Eminent minds in position to exert great influence sufficent we believe to make a ballance of power. And while I am not alone in this, it devolves upon me to forward to, and invite your prompt consideration of them, at the same time to assure you that those who will be your coworkers to carry them out are not merely party politicians
Should they receive ]your the approval of your judgment will you either with or without conference with other Govoners give them public expression in the South - and [then?[ to the whole country afterwards.
It is confidently assumed that if they can [?] the cordial approval and to a considerable extent the [?] endorsement of leading Southern men, their Enactment can be assured.
To us tis manifest that a large majority of northern men favor the second section of the Congressional Amendments and believe in its
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substantial justice while on the other hand the measure of unnecessary hardship and injustice ot be found in the second Third section will suffice to arouse a formidable histility to its enforcement against those who in good faith accept the Second
The modification of the (4th) fourth section will commend itself to fair men - and eight the other [?] are not ordinary or party politicians our work in this important Epoque in our nations history is in part to bridge the chasm between North & South and [some?] of the leading minds with whom the [???] Is associated have determined [being underline] that their efforts shall be felt [end underline] in placing the [b??then] to be bourne when a just ballance
I have unbounded faith that the great conflict of ideas will and can end only in the permanent adjustment of a platform of substantial justice to all concerned, and that [???] truth however rugged and severe will rise superior to every conservative of the day
And whether Mr. Johnson or the south itself through its Governors has the honor of pitching the nation into a channel leading to a peaceful harbor (through which our current shall [certain?] to set) is two us a matter of indifference and whether there are [???] the Pilots privilege may fall be powerfull or powerless today is not the question and this you will see as I do
With great respect [unclear] Horace W Day
(Privately)
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Joint Resolution proposing an Amendment to the Constitution of the United States.
Be it Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, (two-thirds of both Houses concurring,) That the following article be proposed to the Legislatures of the several States as an Amendment to the Constitution of the United States, which, when ratified by three-fourths of the said Legislatures, shall be valid as part of the Constitution, namely:
ART. 14-SEC. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States end of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law, no deny to any person within its jurisdiction the equal protection 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 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 21 years of age and citizens of the United States, or in any way abridge the right of suffrage 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 male citizens 21 years of age in such State.
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 United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof, unless since such a rebellion he shall have proven his loyalty by his acts; and has not openly or secretly incited the people to rebel against such legislation as has been adopted by a two-thirds vote of Congress. But Congress may, by a vote of two-thirds 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 and rebellion, shall not be questioned, and such debts shall be equalized throughout all the States, according to the capacity and resources of each State. but neither of the United States nor any State shall assume or pay any debt or obligation incurred in the aid of insurrection or rebellion against the United States, or any claim for loss or emancipation of any slave; but all such debt, obligations or claims shall be held illegal and void.
SEC. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
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Joint Resolution proposing an Amendment to the Constitution of the United States.
Be it Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, (two-thirds of both Houses concurring,) That the following article be proposed to the Legislatures of the several States as an Amendment to the Constitution of the United States, which, when ratified by three-fourths of the said Legislatures, shall be valid as part of the Constitution, namely:
ART. 14-SEC. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States end of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law, no deny to any person within its jurisdiction the equal protection 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 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 21 years of age and citizens of the United States, or in any way abridge the right of suffrage 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 male citizens 21 years of age in such State.
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 United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof, unless since such a rebellion he shall have proven his loyalty by his acts; and has not openly or secretly incited the people to rebel against such legislation as has been adopted by a two-thirds vote of Congress. But Congress may, by a vote of two-thirds 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 and rebellion, shall not be questioned, and such debts shall be equalized throughout all the States, according to the capacity and resources of each State. but neither of the United States nor any State shall assume or pay any debt or obligation incurred in the aid of insurrection or rebellion against the United States, or any claim for loss or emancipation of any slave; but all such debt, obligations or claims shall be held illegal and void.
SEC. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.