The Sequel of Appomattox: A Chronicle of the Reunion of the StatesFleming, Walter L. (Walter Lynwood)
History
The Sequel of Appomattox: A Chronicle of the Reunion of the States
Fleming, Walter L. (Walter Lynwood)
Reconstruction (U.S. history, 1865-1877); United States -- History -- 1865-1898
Had it seemed necessary, Congress would have handled the Supreme Court
as it did the Southerners. The opponents of radical reconstruction were
anxious to get the reconstruction laws of March, 1867, before the Court.
Chief Justice Chase was known to be opposed to military reconstruction,
and four other justices were, it was believed, doubtful of the
constitutionality of the laws. A series of conservative decisions gave
hope to those who looked to the Court for relief. The first decision, in
the case of ex parte Milligan, declared unconstitutional the trials of
civilians by military commissions when civil courts were open. A few
months later, in the cases of Cummings vs. Missouri and ex parte
Garland, the Court declared invalid, because ex post facto, the state
laws designed to punish former Confederates.
But the first attempts to get the reconstruction acts before the Supreme
Court failed. The State of Mississippi, in April, 1867, brought suit to
restrain the President from executing the reconstruction acts. The Court
refused to interfere with the Executive. A similar suit was then brought
against Secretary Stanton by Georgia with a like result. But in 1868, in
the case of ex parte McCardle, it appeared that the question of the
constitutionality of the reconstruction acts would be passed upon.
McCardle, a Mississippi editor arrested for opposition to reconstruction
and convicted by military commission, appealed to the Supreme Court,
which asserted its jurisdiction. But the radicals in alarm rushed
through Congress an act (March 27, 1868) which took away from the Court
its jurisdiction in cases arising under the reconstruction acts. The
highest court was thus silenced.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account