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
A few weeks later Congress scored another victory over the President,
one which did much toward wiping out the defeats of February 19th and
21st. It passed another Freedmen's Bureau Bill, and then repassed it
July 16th, over the President's veto. This bill was framed with the
purpose in view of avoiding those features of the bill, successfully
vetoed by the President on February 19th preceding, {88} which had
influenced certain Republicans to sustain the President's veto. The
differences between the two measures consisted in the following points.
The first bill had no definite time limit; the second would expire in
two years from the date of its passage. The first bill vested
jurisdiction in the Freedmen's Bureau over the civil rights of freedmen
and refugees in all parts of the United States. The second vested the
bureau with jurisdiction over loyal refugees and freedmen without
mention of place. The first vested a most sweeping power in the Bureau
to give all kinds of aid and support to the destitute refugees and
freedmen. The second contained only the more moderate provision of the
original law of March 3d, 1865, on that subject. Finally the first gave
the Bureau jurisdiction over the civil rights of freedmen and refugees,
not only when the deprivation of them was the consequence of rebellion,
but when it was effected by _any local law_, ordinance, police
regulation or other regulation. The second, on the contrary, limited
the jurisdiction of the Bureau to those cases where the deprivation was
the consequence of rebellion.
[Sidenote: The veto of the measure.]
The President could not, however, see much difference between them. He
claimed that his objections to the first bill were valid against the
second. The second measure, he contended, was only a war measure for a
definite period, in a time of peace. It was the prolongation for a
definite time of military jurisdiction over civil matters, when the
civil courts both "State" and Union were open and in the unhindered
discharge of their business. And he held the ground that Congress had
no more constitutional power to create, or perpetuate, military
jurisdiction over civil matters for a definite period in time of peace
than for an indefinite period. He referred to the fact that the Civil
Rights measure, just passed over his veto, met all {89} the points
provided for in the Freedmen's Bureau bill, and affirmed that all of
the provisions of that law would be executed by him through ordinary
civil means, in so far as they should not be repealed by Congress or
declared unconstitutional by the courts.
[Sidenote: Correctness of the President's views.]
Public-domain text, read in full here on John Shaqi.
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