The logical consequences of the decision were tremendous, or would have
been, if the public mind had been in a condition to appreciate its
gravity. Not only did it follow logically that the trial and execution
of Booth's fellow conspirators, Payne, Atzerodt, Herold, and Mrs.
Surratt, were, in contemplation of law, no better than lynching, but
that Andrew Johnson's endeavor to put an end to government by military
commissions, as soon as possible, was right, and that the contrary
design, by whomsoever held, was wrong.
The radicals in Congress, however, were only angered by the decision.
They were not in the least disconcerted by it, but the court itself was
very much so. If it had been necessary to pass a law reorganizing the
court, in order to reap the fruits of the victory won in the recent
elections, a majority could have been obtained for it.
Under date of January 8, 1867, the "Diary of Gideon Welles" tells us
that there was a Cabinet meeting at which the President said that he
wished to obtain the views of each member on the subject, already
mooted, of dismantling states and throwing them into a territorial
condition. A colloquy ensued which is reported as follows:
Seward was evidently taken by surprise. Said he had avoided
expressing himself on these questions; did not think it
judicious to anticipate them; that storms were never so furious
as they threatened; but as the subject had been brought up, he
would say that never, under any circumstances, could he be
brought to admit that a sovereign state had been destroyed, or
could be reduced to a territorial condition.
McCulloch was equally decided, that the states could not be
converted into territories.
Stanton said he had communicated his views to no man. Here, in
the Cabinet, he had assented to and cordially approved of every
step which had been taken, to reorganize the governments of the
states which had rebelled, and saw no cause to change or depart
from it. Stevens's proposition he had not seen, and did not
care to, for it was one of those schemes which would end in
noise and smoke. He had conversed with but one Senator, Mr.
Sumner, and that was one year ago, when Sumner said he
disapproved of the policy of the Administration and intended to
upset it. He had never since conversed with Sumner nor any one
else. He did not concur in Mr. Sumner's views, nor did he think
a state would or could be remanded to a territorial condition.
I stated my concurrence in the opinions which had been
expressed by the Secretary of War, and that I held Congress had
no power to take from a state its reserved rights and
sovereignty, or to impose terms on one state which were not
imposed on all states.
Public-domain text, read in full here on John Shaqi.
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