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
Taken as a whole, the message unquestionably contained many strong
arguments against the bill, and was virtually a summary of the arguments
advanced by the minority in Congress. But the struggle had passed beyond
the province of unbiased debate, and each side was equally determined not
to yield any point. A measure open to the most serious suspicions
regarding its constitutionality, was passed by an inflexible majority,
settled in the belief that the condition of the South required the
measure, and that the Constitution must accordingly be stretched to cover
the case.
Those supporters of the bill who were recognized as the most careful in
their judgments confidently asserted that that portion of it establishing
the military districts contained nothing that could not have been carried
out legally by the government as a military measure, without the formality
of enacting the bill. The insurrectionary States would legally remain in a
condition of insurrection until Congress should formally declare the
insurrection to be at end. Consequently martial law could
constitutionally prevail, trial by jury and the writ of _habeas corpus_ be
suspended, and civil government utilized as an aid to military rule, to
any extent that might seem advisable to the general in charge. The claim
that the measure amounted to an enormous bill of attainder was immediately
dismissed as absurd, as no corruption of blood or forfeiture of estates
was involved, and the whole measure was avowedly temporary, to cease as
soon as the State should comply with the conditions of reconstruction.
Congress felt justified in passing the bill over the veto, and accordingly
the general process of reconstruction was established with conditions far
more onerous than had been intended in the first session of the 39th
Congress. The provisions of the act immediately went into force, and the
commanders of the districts were appointed on March eleventh.
3. The bill was conceded by all its supporters to be incomplete. It
provided for the establishment of districts and the governing of these
districts by military law, and it was hoped that the immediate crying need
of a strong government to enforce order and prevent the continuance of the
oppression of the freedmen was satisfied. This done, they could proceed
more deliberately to the enactment of measures which would provide the
mechanism for carrying out the provisions of the fifth section. The
adjournment of the 39th Congress at noon of March 4 prevented any action
until the next Congress; but preparation had been made for such an
emergency by an act which provided that in future each Congress should
convene upon the adjournment of its predecessor.[165]
Public-domain text, read in full here on John Shaqi.
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