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
Under the condition of schism in the Republican ranks, his chances
seemed at first fair. But on September 21st, Generals Frémont and
Cochrane, the nominees of the radical Republicans, withdrew from the
contest, and the reunion of the Republican party on the Baltimore
platform was effected. It was thus a question whether the overwhelming
electoral vote for Lincoln and Johnson, two hundred and twelve to
twenty-one for McClellan and Pendleton, meant the approval of Lincoln's
views and acts in Reconstruction, and it certainly behooved the
President to exercise some caution in so interpreting it, especially as
there was no such wide difference in the popular vote, the McClellan
electors having received 1,835,985 votes to 2,330,552 for the Lincoln
electors. There is no question, however, that the President still
believed in the correctness of his method and was determined to pursue
the course upon which he had entered.
[Sidenote: No change in the views of Congress caused by the
Presidential election.]
[Sidenote: The refusal of Congress to count the electoral vote from any
"State" which had passed the secession ordinance.]
Neither was there any sign manifested that Congress would desist from
pressing its views of its own powers in the matter. Both Houses had
refused to admit members from the reconstructed "States," and now they
passed a joint resolution, on February 4th, 1865, which prohibited the
counting of any electoral votes for President and Vice-President in the
election of 1864, from "States" which had passed the secession
ordinance. Elections had been held in Louisiana and also in Tennessee,
and this resolution was intended to prevent the counting of the votes
which the persons chosen electors for Louisiana and Tennessee should
send in. The resolution was sent to the President for his signature. He
{22} hesitated for several days, but approved it at last on the day
that Congress counted the electoral votes, February 8th. In doing so,
however, he addressed a message to Congress informing the two Houses
that he had signed it out of deference to their views, and saying that
"in his own view, however, the two Houses of Congress, convened under
the twelfth article of the Constitution, have complete power to exclude
from counting all electoral votes deemed by them to be illegal; and it
is not competent for the Executive to defeat or obstruct that power by
a veto, as would be the case if his action were at all essential in the
matter. He disclaims all rights of the Executive to interfere in any
way in the matter of canvassing or counting electoral votes, and he
also disclaims that, by signing said resolution, he has expressed any
opinion on the recitals of the preamble or any judgment of his own upon
the subject of the resolution." The recitals of the preamble referred
to read thus: "Whereas, the inhabitants and local authorities of the
States of Virginia, North Carolina, South Carolina, Georgia, Florida,
Public-domain text, read in full here on John Shaqi.
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