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 President's veto message was a lengthy document and discussed in
detail the significance of the bill.[103] He questioned the policy of
conferring citizenship on four million blacks while eleven of the States
were unrepresented in Congress. He doubted whether the negroes possessed
the qualifications for citizenship, and thought that their proper
protection did not require that they be made citizens, as civil rights
were secured to them as they were, while the bill discriminated against
the intelligent foreigner. Naturally, he also declared that the securing
by federal law of equality of the races was an infringement upon state
jurisdiction. "Hitherto, every subject embraced in the enumeration of
rights contained in this bill has been considered as exclusively belonging
to the States." The second section he thought to be of doubtful
constitutionality and unnecessary, "as adequate judicial remedies could be
adopted to secure the desired end, without invading the immunities of
legislators, * * * without assailing the independence of the judiciary, *
* * and without impairing the efficiency of ministerial officers. * * *
The legislative department of the United States thus takes from the
judicial department of the States the sacred and exclusive duty of
judicial decision, and converts the State judge into a mere ministerial
officer bound to decide according to the will of Congress." The third
section he characterized as undoubtedly comprehending cases and
authorizing the "exercise of powers that are not by the Constitution
within the jurisdiction of the courts of the United States." He also
considered the extraordinary powers of the numerous officials created by
the act as jeopardizing the liberties of the people, and the provisions in
regard to fees as liable to bring about persecution and fraud.
In addition to these objections he argued that the bill frustrated the
natural adjustment between capital and labor in a way potent to cause
discord. It was "an absorption and assumption of power by the General
Government which, if acquiesced in, must sap and destroy our federative
system of limited powers, and break down the barriers which preserve the
rights of the States. * * * The tendency of the bill must be to
resuscitate the spirit of rebellion, and to arrest the progress of those
influences which are more closely drawing around the States the bonds of
union and peace."
Public-domain text, read in full here on John Shaqi.
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