The 14th Amendment Was NOT Ratified

NOTICE: Please
Read!

Legal scholar Gene Healy has made a powerful argument in favor of
abolishing the Fourteenth Amend- ment to the US Constitution. When a fair
vote was taken on it in 1865, in the aftermath of the War for Southern
Independence, it was rejected by the Southern states and all the border
states. Failing to secure the necessary three-fourths of the states, the
Republican party, which controlled Congress, passed the Reconstruction Act
of 1867 which placed the entire South under military rule.

The purpose of this, according to one Republican congressman, was to
coerce Southern legislators to vote for the amendment "at the point of a
bayonet." President Andrew Johnson called this tactic "absolute
despotism," the likes of which had not been exercised by any British
monarch "for more than 500 years." For his outspokenness Johnson was
impeached by the Republican Congress.

The South eventually voted to ratify the amendment, after which two
Northern states-Ohio and New Jersey-withdrew support because of their
disgust with Republican party tyranny. The Republicans just ignored this
and declared the amendment valid despite their failure to secure the
constitutionally-required three-fourths majority.

The Cato Institute's Roger Pilon, who is a supporter of the Fourteenth
Amendment, has defended the way in which the amendment was adopted on the
grounds that after the war some Southern states had enacted the "notorious
Black Codes" (Liberty Magazine, Feb. 2000).

"What should Congress have done," Pilon asked, "turn a blind eye to
what was going on?" The notion that a racially-enlightened and benevolent
Republican Congress unconstitutionally imposed the Fourteenth Amendment on
the nation because it was motivated primarily (if not solely) out of
concern with racial discrimination in the South is childishly naive and
ahistorical. The fact is, Northern states pioneered viciously
discriminatory "black codes" long before they existed in any Southern
state, and these codes were supported by many of the same Northern
politicians who voted for the Fourteenth Amendment.

The Revised Code of Indiana stated in 1862 that "Negroes and mulattos
are not allowed to come into the state"; forbade the consummation of legal
contracts with "Negroes and mulattos"; imposed a $500 fine on anyone who
employed a black person; forbade interracial marriage; and forbade blacks
from testifying in court against white persons.

Illinois-the "land of Lincoln"-added almost identical restrictions in
1848, as did Oregon in 1857. Most Northern states in the 1860s did not
permit immigration by blacks or, if they did, required them to post a
$1,000 bond that would be confiscated if they behaved "improperly."

Senator Lyman Trimball of Illinois, a close confidant of Lincoln's,
stated that "our people want nothing to do with the Negro" and was a
strong supporter of Illinois' "black codes." Northern newspapers were
often just as racist as the Northern black codes were. The
Philadelphia Daily News editorialized on November 22, 1860, that "the
African is naturally the inferior race." The Daily Chicago Times
wrote on December 7, 1860, that "nothing but evil" has come from the idea
of Abolition and urged everyone to return any escaped slave "to his master
where he belongs."

On January 22, 1861, the New York Times announced that slavery
would indeed be a "very tolerable system" if only slaves were allowed to
legally marry, be taught to read, and to invest their savings. In short,
the cartoonish notion that the Republican party was so incensed over
racial discrimination in the South after the war that, in a fit of moral
outrage, it trashed all constitutional precepts to dictatorially adopt the
Fourteenth Amendment, should not be taken seriously. As Alexis de
Tocqueville wrote in Democracy in America, it was obvious to all that
racial prejudice was stronger in the North than it was in the South. "The
prejudice of race," wrote Tocqueville, "appears to be stronger in the
states that have abolished slavery than in those where it still
exists."

If the Republican party was so sensitive about racial discrimination in
the post-war era it would not have sent General Sherman out west just
three months after the war ended to commence a campaign of genocide
against the Plains Indians. The very same army that had recently conquered
and occupied the Southern states-led by Generals Grant, Sherman, and
Sheridan-mass murdered Indian men, women, and children during the winters,
when families would be together, with massive Gatling gun and artillery
fire. In a letter to his son a year before he died (1889), Sherman
expressed his regret that his armies did not murder every last Indian in
North America.

The Fourteenth Amendment has had precisely the effect that its
nineteenth-century Republican party supporters intended it to have: it has
greatly centralized power in Washington, D.C., and has subjected Americans
to the kind of judicial tyranny that Thomas Jefferson warned about when he
described federal judges as those who would be "constantly working
underground to undermine the foundations of our confederated fabric." It's
time for all Americans to reexamine the official history of the "Civil
War" and its aftermath as taught by paid government propagandists in the
"public" schools for the past 135 years.

------------------------------------------

Thomas J. DiLorenzo is professor of economics at Loyola College and an
adjunct scholar of the Mises Institute.

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