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
6. But even those who did not apprehend that Johnson would use the army
for any improper purpose, were willing to limit his power and prestige by
depriving him of his military authority; and this was accordingly done by
a section introduced into the army appropriation bill.[183] This section
required all orders to the army to be made through the General of the
Army, thus practically making his approval of them necessary. It also
prevented the President or the Secretary of War from removing, suspending
or relieving from command the General of the Army, and even forbade his
being assigned for duty away from headquarters, except at his own request.
This had the effect of taking away from the President all his
constitutional powers as commander-in-chief. As the section was put as a
rider on an appropriation bill and a veto must cover the whole bill,
Johnson contented himself with a simple protest and returned the act with
his signature.[184]
7. The attack upon the civil powers of the President was made through the
Tenure-of-Office Act.[185] As the violation of this act was the ground of
the most serious charge in the impeachment trial, a somewhat detailed
study of its provisions, and of the views expressed by the President in
his veto of it, is advisable. The bill provided that "every person holding
any civil office to which he has been appointed by and with the advice and
consent of the Senate," and every person so appointed in the future,
should be entitled to hold such office until a successor should have been
appointed in like manner, that is to say, _with the advice and consent of
the Senate_. The only liberty of action allowed the President was during
the recess of the Senate, when he was permitted to suspend an officer
until the next meeting of the Senate, and appoint a _pro tempore_
official. Within twenty days after the meeting of the Senate, however, he
was required to give his reasons for the suspension. If the Senate
approved of the removal, a permanent appointment was to be made; if they
refused to concur, the suspended officer was immediately to resume his
duties. Any violation of this act by the President was made an impeachable
offense, by the declaration that "every removal, appointment, or
employment made, had, or exercised, contrary to the provisions of this act
* * * are hereby declared to be high misdemeanors." The other provisions
were of minor importance, and do not require notice here.
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