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 passage of the supplementary reconstruction act, and of a joint
resolution providing for the expenses involved in carrying out the
provisions of the act, completed the work of this session of the 40th
Congress. It was hoped that no further congressional action would be
needed until the constitutions of the States should be submitted for
examination and approval, preparatory to granting representation. But the
importance of the measures and the avowed hostility of the President
caused hesitation on the part of Congress as to adjourning till the
regular December session. It was realized that if any loop-hole could be
found by which the intention of the act could be evaded, Johnson would
have no hesitation in taking advantage of it. To provide for such a
contingency Congress passed a concurrent resolution which provided for a
recess until July 3, and authorized the President of the Senate and the
Speaker of the House to adjourn Congress until the first Monday in
December if a quorum did not appear on July 3. In case everything
appeared to be progressing with little friction, the members would not
assemble; but if there should be any unfavorable developments, Congress
could assemble independently of the President and enact legislation to
remedy the difficulty.
4. July 3 found a quorum in both houses. The Attorney-General had rendered
an opinion upon the act of March 2 which greatly hampered the work of the
commanders of the districts. He advised the President that the act should
be construed strictly, that the commanders should be allowed no powers
beyond those specifically bestowed upon them. This prevented them from
removing state officers, from making new laws for the government of the
people, or from suspending the action of the state courts; and with state
officers hostile to the federal authorities, and using every means to
impede their work, the commanders found it impossible properly to
discharge the duties assigned to them by the act.[173] The intent of the
reconstruction acts obviously was to make the commanders of the districts
commanders _de facto_ as well as _de jure_. Consequently remedial
legislation was deemed necessary, and Congress convened for the purpose of
framing additional acts defining more precisely the intention of the
preceding acts and the powers of the commanders.
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