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
In 1862, after the capture of New Orleans, a military governor of
Louisiana was appointed, many persons in the vicinity of New Orleans were
enrolled as citizens of the United States, and two districts elected
representatives to Congress, under the provisions of the old state
constitution.[19] In this case there was a distinct development of the
executive policy. Here was a military governor, appointed by the President
and so an instrument of the Executive, interfering with the civil
government of the State, controlling elections, deciding what districts
were entitled to elections, and fixing the date of election. This was very
different from simple restoration, with its theory that the national
government must in no way interfere with the State governments. And when
the two members elect, Messrs. Flanders and Hahn, presented themselves for
admission into the House of Representatives, the Democrats, consistently
with their belief in restoration, which up to that time had met with no
serious opposition, opposed their admission strongly. In the discussion
which arose, Mr. Voorhees well expressed the difference in theory between
the Democratic view and that which was ultimately to be adopted. The
problem was stated by him as follows:[20] "If the Southern Confederacy is
a foreign power, an independent nationality to-day, and you have conquered
back the territory of Louisiana, you may then substitute a new system of
laws in the place of the laws of that State. You may then supplant her
civil institutions by institutions made anew for her by the proper
authority of this _Government_--not by the executive, but by the
_legislative_ branch of the Government, assisted by the Executive simply
to the extent of signing his name to the bills of legislation." "But if
the theory we have been proceeding upon here, that this Union is unbroken;
that no States have sundered the bonds that bind us together; that no
successful disunion has yet taken place--if that theory is still to
prevail in these halls, then this can not be done. You are as much bound
to uphold the laws of Louisiana in all their extent and in all their
parts, as you are to uphold the laws of Pennsylvania or New York, or any
other State whose civil policy has not been disturbed."
The strong appeal to remain true to the theory first maintained by
Congress, did not succeed in shutting the Louisianians out, and for one
month, February to March, 1863, they were recognized as members. The later
refusal to admit members from insurrectionary States was due, not to a
supposed inconsistency with restoration proper, but to dislike of the
presidential policy.
Public-domain text, read in full here on John Shaqi.
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