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 veto message embodied an exhaustive review of the bill, a criticism of
its "cruelty," and an attack upon its constitutionality. It denied the
statement in the preamble that "no legal State governments or adequate
protection for life or property," existed in these ten States, and
declared that "the establishment of peace and good order is not its real
object. * * * The military rule which it establishes is plainly to be
used, not for any purpose of order or for the prevention of crime, but
solely as a means of coercing the people into the adoption of principles
and measures to which it is known that they are opposed, and upon which
they have an undeniable right to exercise their own judgment." The
despotic authority given to the commander of a district was vigorously
denounced, and all the humane provisions of the bill were declared to
depend upon the will of the commander, who could nullify them and oppress
the people without limitations of any kind. "It reduces the whole
population of the ten States--all persons, of every color, sex and
condition, and every stranger within their limits--to the most abject and
degrading slavery."
But aside from its injustice, Johnson went on to argue, the measure was
unconstitutional and could not legally be carried into execution. In a
time of peace martial law could not be established, in proof of which
statement he quoted from the decision of the Supreme Court, in _Ex parte_
Milligan, defining military jurisdiction. The denial of the right of trial
by jury and of the privilege of the writ of _habeas corpus_ was not
counterbalanced by the poor privilege of trial "without unnecessary
delay." In defiance of the constitutional prohibition of bills of
attainder, "here is a bill of attainder against nine millions of people at
once"--a legislative enactment "based upon an accusation so vague as to be
scarcely intelligible, and found to be true upon no credible evidence."
The primary purpose of the bill, to compel these States "by force to the
adoption of organic laws and regulations which they are unwilling to
accept if left to themselves," was in itself unconstitutional. "The
Federal Government has no jurisdiction, authority, or power to regulate
such subjects for any State."
Respecting the legality of the state governments, the important point was
made that if they were illegal, their ratification of the 13th amendment
could not have been legal. The message closed with an appeal for
restoration "by simple compliance with the plain requirements of the
Constitution."
Public-domain text, read in full here on John Shaqi.
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