The Struggle between President Johnson and Congress over Reconstruction — John Shaqi
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 first portion of the report is a general review of the steps which had
already been taken by the President, and of the powers of the executive
and legislative departments. It was declared that at the close of the war
the Confederate States were in a condition of utter exhaustion and
complete anarchy. Congress having failed to provide for the contingency,
the President had no power except to execute the national laws and
establish "such a system of government as might be provided for by
existing national statutes." These States "by withdrawing their
representatives in Congress, by renouncing the privilege of
representation, by organizing a separate government, and by levying war
against the United States, destroyed their State constitutions in respect
to the vital principle which connected their respective States with the
Union and secured their federal relations; and nothing of these
constitutions was left of which the United States were bound to take
notice." The President had two alternatives: either to "assemble Congress
and submit the whole matter to the law-making power," or to continue
military supervision in his capacity as commander-in-chief of the army,
until the regular assembling. Choosing the latter course, he appointed
over the revolted States provisional governors who possessed military
authority, but who "had no power to organize civil governments nor to
exercise any authority except that which inhered in their own persons
under their commissions." The President in his military capacity might
properly permit the people to form local governments, execute local laws
not inconsistent with national laws, and even withdraw military forces
altogether if he deemed it safe. But to Congress, not to the President,
belonged the power "to decide upon the nature or effect of any system of
government which the people of these States might see fit to adopt," and
to fix terms by which the States might be restored to all their rights and
privileges as States of the Union. "The loss of representation by the
people of the insurrectionary States was their own voluntary choice. They
might abandon their privileges, but they could not escape their
obligations," and they could not complain.
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