The Struggle between President Johnson and Congress over ReconstructionChadsey, Charles E. (Charles Ernest)
History
The Struggle between President Johnson and Congress over Reconstruction
Chadsey, Charles E. (Charles Ernest)
Johnson, Andrew, 1808-1875; United States -- Politics and government -- 1865-1869
5. The real secret of the apparently strange development of his policy,
which we are about to trace out, lies in the fact that although at this
time nominally a Republican, he was in reality a strict constructionist.
He had always been a Democrat, and still held Democratic views. Only when
secession began to be urged by the southern branch of the Democracy, did
he break loose from his old ties. Accustomed to interpret the Constitution
from a strict constructionist standpoint, accustomed to the belief that
the power of the State was restricted only by the specific limitations of
the Constitution, and that the federal government could exercise no power
beyond that expressly granted it, he naturally treated the question of
reconstruction from the same standpoint. The surprising thing in Johnson's
career is the fact that in spite of his strict construction views, he was
strongly opposed to secession. He was therefore not strictly logical. The
extreme strict constructionist claimed that the fact that the Constitution
did not forbid a State from seceding, made secession constitutional. But
Johnson's love for the Union was too great to permit him to carry his
strict construction views to such an extreme. On the contrary, the fact
that the Constitution offered no way for a State to secede from the Union
proved to him that secession was unconstitutional, and he looked upon that
fact as one of the greatest safeguards for the protection of the
Commonwealth.[44] To his mind it logically followed that because secession
was unconstitutional, it was absolutely impossible for a State to secede,
and therefore equally impossible for a State to commit treason.
Individuals might commit treason and be punished therefor, but States
never. However strongly at any time he may have urged the punishment of
traitors, he never argued for or believed in the abrogation of any of the
State's privileges. His reputation for belief in severity was based
entirely upon severity on individuals. "Make treason odious" was his
favorite expression, but always used in a concrete sense.[45]
6. After his accession to the Presidency, the only modification of his
policy was an increased clemency to the conquered rebel. This can be
accounted for easily as the natural result of actual contact with the
problem. Rhetorically to assert that all traitors must be punished is one
thing--to apply the punishment is another. Then Johnson's most able
advisers approved his attitude and urged even greater moderation. Finally,
his firm faith in the success of his provisional governments persuaded him
to a still more liberal use of the pardoning power, while the growing
opposition of Congress added the element of stubbornness to the
complication. But, the true explanation of the change is to be found in
his general constitutional views.
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