By W R Brock
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Additional info for An American Crisis: Congress and Reconstruction 1865–1867
Behind the theory of equal right, however subdivided, was a further and major difficulty, for the protection of negro rights was an implicit recognition of his inferiority in society. The Radical answer was that this inferiority was an artificial condition imposed by the slavery, and that once the negro was armed with the rights of a citizen he would raise hirnself to economic and educational equality; others were not so sure. It was an act of faith to believe in the unproven assumptions of racial equality, and circumstances alone could produce the admission that they were worth a trial.
E. by President and Congress) of the State government as republican in form. It was specifically stated that the State should then be re-admitted to representation in Congress, but the right of Congress to accept or reject individual senators or representatives was tacitly assumed. The laws of the State, other than slave codes, in force before the rebellion would remain in force except that 'the laws for the trial and punishment of white persons shall extend to all persons' and the qualification for jurors should be same as that for voters.
L The Proclarnation on North Carolina laid the constitutional foundations for the President's action by stating his duty to take care that the laws be faithfully executed and inferring that it therefore became necessary and proper for hirn to carry out and enforce the obligation of the United States to seeure to the States a republican government. The claim to act without the participation of Congress was sound in logic but weak in application: the President might be bound to enforce the law but he was operating in a new situation in which the supreme legislature of the United States had been given no opportunity to say what the law should be.
An American Crisis: Congress and Reconstruction 1865–1867 by W R Brock