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
Really there was but one thing in the bill susceptible of successful
criticism, and that could be explained so as to avoid it. It was the
ninth section, which authorized the President to use military power in
execution of the law. The language would permit the President to use
the military before bringing the matter before the courts and securing
a decision. It would permit the President to use the military as the
{72} primal, instead of the final, agency for executing the law. It
appeared to be in this respect a real force bill, that is a bill in
which the Executive is empowered to use the military, not for the
enforcement of judicial decision in aid of the marshals, deputies,
constables, and their posses, which is the customary order in time of
peace, but for the execution of the law in the first instance, before
decision rendered or trial had. But it was entirely clear that what was
meant in this section of the bill was that, when combinations too
powerful to be dealt with by the courts and their officers should
undertake to prevent the execution of the law, the President might use
the military to overcome them. Under such an interpretation, this
provision was justifiable and proper, certainly so in a transition
period from a condition of general rebellion against the laws of the
United States to that of gradual, and only gradual, acquiescence in
their enforcement.
[Sidenote: The President's blunder.]
[Sidenote: The veto overridden.]
The President most decidedly lost his chance of rehabilitating himself
with his party, and leading it in the work of Reconstruction, by not
signing this bill. He sinned against the Southerners themselves in not
doing so. His veto of it made them believe that they could count upon
the Administration, the Administration Republicans, and the whole
Democratic party of the North, in denying equal civil rights to the
freedmen, and that such a combination must eventually triumph. They,
therefore, persisted in their course of exceptional legislation against
the freedmen in the South, and in their arrogant demands for the
immediate admission to seats in Congress of the very men who had led
the rebellion for four years against the sovereignty and Government of
the United States. It is amazing that they did not see that the large
Republican majority in Congress would {73} be driven to the alternative
of seeing the work of four years of terrible sacrifice undone or of
securing its permanence by making such changes in the organic law as
would effect it, while yet they had the power. On the 6th of April, the
Senate overrode the President's veto of the Civil Rights bill, and on
the 9th the House did likewise.
[Sidenote: The Fourteenth Amendment.]
Public-domain text, read in full here on John Shaqi.
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