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
The bill as finally enacted contained, moreover, the most stringent
provisions for its enforcement. It made {126} the acceptance or
exercise of any office or the attempt to exercise any office contrary
to the Act a high misdemeanor, punishable by a maximum fine of ten
thousand dollars or a maximum imprisonment of five years, or both in
the discretion of the court; and it made the removal, appointment, or
employment of any officer contrary to the provisions of the Act, or the
preparation, signing, sealing, countersigning or issuing of any
commission of office or letter of authority in respect to any such
appointment or employment high misdemeanors, punishable with the same
extreme penalties. Lastly, it forbade the officers of the Treasury and
all officers of the United States to pay any money, salary or
compensation to any person claiming to hold any office or employment
contrary to the provisions of this Act, and made the violation of this
order a high misdemeanor, punishable with the same extreme penalties as
in the other cases.
[Sidenote: The President's vetoes of these bills.]
This monstrous measure went to the President on the same day with the
Reconstruction bill, the 20th of February. It is not to be wondered at
that he felt that the Republican chiefs were offering him intentional
personal insult, as well as that the legislative department of the
Government was attempting an unwarranted encroachment upon the
constitutional prerogatives of the Executive. It is rather to be
wondered at that, in his message to Congress on these subjects, he
succeeded so well in ignoring the personal affronts intended by
Congress, and in confining himself so closely to a discussion of the
public questions and considerations involved in the measures.
The vetoes of these bills were sent to Congress on the same day, March
2d. To the publicist and historian of this day they are masterpieces of
political logic, constitutional interpretation, and official style. If
not {127} written by Mr. Seward, they must have been edited and revised
by him. These documents showed most convincingly, both from
constitutional provisions, opinions of contemporaries, statutes of
Congress, judicial decisions, and the uniform practices of the
Government, that Congress had no power to establish or re-establish
martial law anywhere in the country, except when and where war or armed
rebellion existed as a fact, a condition which did not then exist
anywhere in the length and breadth of the land; and that Congress had
no power to force the President to retain agents and subordinates in
office against his judgment and will. No good political scientist and
no sound constitutional lawyer will, at this day, disagree with the
contention of the President upon these two points, and it is very
difficult to understand how the great leaders of the Republican party
could, at that day, have differed with him.
[Sidenote: Republican motives in Reconstruction.]
Public-domain text, read in full here on John Shaqi.
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