Reconstruction and the Constitution, 1866-1876Burgess, John William
History
Reconstruction and the Constitution, 1866-1876
Burgess, John William
Reconstruction (U.S. history, 1865-1877); United States -- Politics and government -- 1865-1877
Although the Supreme Court of the United States had said, in the case
of Kendall vs. the United States, in 1838, that so far as the
President's power is derived from the Constitution he is beyond the
reach of any other department, except in the mode prescribed by the
Constitution, through the impeaching power, and had also indicated, in
the cases of the Cherokee Nation vs. the State of Georgia, in 1831, and
Luther vs. Borden, in 1849, that it had no jurisdiction over political
questions, there still prevailed in many minds the idea that the Court
was the ultimate {145} interpreter of the Constitution in all cases of
whatever nature, and that no person was exempted from its jurisdiction
on account of official station. Under the influence of this idea, W. L.
Sharkey, the ex-provisional Governor of Mississippi, appointed by
President Johnson in 1865, undertook to obtain from the Supreme Court
of the United States an injunction restraining the President of the
United States from carrying the Reconstruction Acts of March, 1867,
into effect. He was aided in this attempt by the Hon. Robert J. Walker,
and their client in the case, as set up by them, was the "State of
Mississippi." In a powerful argument, noted for both clearness and
frankness, Mr. Johnson's Attorney-General, Mr. Stanbery, demonstrated
that the President of the United States cannot be made subject to the
jurisdiction of any court, while in office, except only the Senate of
the United States, as the constitutional court of impeachment. The plea
of Mr. Stanbery is also notable for another thing, viz.: the frank way
in which he notified the Southerners that the President's opposition to
these laws ceased with their successful passage over his vetoes, and
that the President intended to execute them in spirit and letter, as it
was his sworn duty to do. The Court decided, in 1866, in the case of
Mississippi vs. Johnson, that "a bill praying an injunction against the
execution of an act of Congress by the incumbent of the presidential
office cannot be received, whether it describes him as President or as
a citizen of a State."
[Sidenote: The case of Georgia vs. Stanton.]
Public-domain text, read in full here on John Shaqi.
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