A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
History
A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
Johnson, Andrew, 1808-1875; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
In this connection I must call attention to the tenth and eleventh
sections of the bill, which provide that none of the officers or
appointees of these military commanders "shall be bound in his action by
any opinion of any civil officer of the United States," and that all the
provisions of the act "shall be construed liberally, to the end that all
the intents thereof may be fully and perfectly carried out."
It seems Congress supposed that this bill might require construction,
and they fix, therefore, the rule to be applied. But where is the
construction to come from? Certainly no one can be more in want of
instruction than a soldier or an officer of the Army detailed for a
civil service, perhaps the most important in a State, with the duties of
which he is altogether unfamiliar. This bill says he shall not be bound
in his action by the opinion of any civil officer of the United States.
The duties of the office are altogether civil, but when he asks for an
opinion he can only ask the opinion of another military officer, who,
perhaps, understands as little of his duties as he does himself; and as
to his "action," he is answerable to the military authority, and to the
military authority alone. Strictly, no opinion of any civil officer
other than a judge has a binding force.
But these military appointees would not be bound even by a judicial
opinion. They might very well say, even when their action is in conflict
with the Supreme Court of the United States, "That court is composed of
civil officers of the United States, and we are not bound to conform our
action to any opinion of any such authority."
This bill and the acts to which it is supplementary are all founded upon
the assumption that these ten communities are not States and that their
existing governments are not legal. Throughout the legislation upon this
subject they are called "rebel States," and in this particular bill they
are denominated "so-called States," and the vice of illegality is
declared to pervade all of them. The obligations of consistency bind a
legislative body as well as the individuals who compose it. It is now
too late to say that these ten political communities are not States of
this Union. Declarations to the contrary made in these three acts are
contradicted again and again by repeated acts of legislation enacted by
Congress from the year 1861 to the year 1867.
During that period, while these States were in actual rebellion, and
after that rebellion was brought to a close, they have been again and
again recognized as States of the Union. Representation has been
apportioned to them as States. They have been divided into judicial
districts for the holding of district and circuit courts of the United
States, as States of the Union only can be districted. The last act on
this subject was passed July 23, 1866, by which every one of these ten
States was arranged into districts and circuits.
Public-domain text, read in full here on John Shaqi.
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