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
The bill itself was moderate, the freedmen obviously needed the
legislation, but the President considered the principles at stake of
sufficient importance to justify him in further antagonizing Congress. His
veto message cited a number of reasons for withholding the executive
approval.[93] In the first place he claimed that there was no immediate
necessity for the measure. Then it also contained provisions which were
unconstitutional and unsuited to accomplish the desired end. His chief
objection, of course, was based upon the continuance of military
jurisdiction into a time of peace. This he declared clearly
unconstitutional, a violation of the right of _habeas corpus_ and of trial
by jury; and he added that "for the sake of a more vigorous interposition
in behalf of justice we are to take the risks of the many acts of
injustice that would necessarily follow from an almost countless number of
agents, * * * over whose decisions there is to be no supervision or
control by the federal courts. * * * The country has returned or is
returning to a state of peace and industry, and the rebellion is in fact
at an end. The measure, therefore, seems to be as inconsistent with the
actual conditions of the country as it is at variance with the
Constitution of the United States." He considered the provisions which
proposed to take away land from its former owners without due process of
law, unconstitutional. Other more general objections were mentioned, such
as the immense patronage created and immense expense involved, the
dangerous concentration of power in the Executive, and the ethical
objection that legislation which implies that the freedmen "are not
expected to attain a self-sustaining condition must have a tendency
injurious alike to their character and their prospects."[94]
The unification of opposition to the President, which was accomplished
through his speech of February 22, afterwards impelled the friends of the
Freedmen's Bureau bill to make another attempt to secure its passage,
believing that it then could be passed over the President's veto.[95] The
ball was again set rolling by Mr. Eliot, of Massachusetts, who on May 22
introduced a bill designed to take the place of the defeated bill, yet
different enough to afford a plausible pretext for again bringing the
question forward. Slightly amended, it passed the House on May 29 by a
vote of 96 to 32. The bill, with amendments, reported from the Committee
on Military Affairs, of which Senator Wilson, of Massachusetts, was
chairman, was taken up for consideration by the Senate on June 26, and
passed. The House non-concurring, a committee of conference was appointed,
which made some minor changes, to which the Senate on July 2, and the
House on July 3, agreed. A veto message of the President was received on
July 16, and the bill was passed over the veto on the same day.[96]
Public-domain text, read in full here on John Shaqi.
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