The United States Since the Civil WarLingley, Charles Ramsdell
History
The United States Since the Civil War
Lingley, Charles Ramsdell
United States -- History -- 1865-1921
The first of these measures, the Tenure of Office Act, was passed over a
veto on March 2, 1867. By it the President was forbidden to remove civil
officers except with the consent of the Senate. Even the members of the
Cabinet could not be dismissed without the permission of the upper
house, a provision inserted for the protection of Edwin M. Stanton, the
Secretary of War. Stanton was in sympathy with the radical leaders in
Congress and it was essential to them that he be kept in this post of
advantage. General Grant, who had charge of the military establishment,
was made almost independent of the President by a law drafted secretly
by Stanton. On the same day, and over a veto also, was passed the
Reconstruction Act, the most important piece of legislation during the
decade after the war. It represented the desires of Thaddeus Stevens and
was passed mainly because of his masterful leadership. At the outset the
new Act declared the existing southern state governments to be illegal
and inadequate, and divided the South into five military districts. Over
each was to be a commanding general who should preserve order, and
continue civil officers and civil courts, or replace them with military
tribunals as he wished. Under his direction each state was to frame and
adopt a new constitution which must provide for negro suffrage. When
Congress should approve the constitution and when a legislature elected
under its provisions should adopt the Fourteenth Amendment, the state
might be readmitted to the Union.
The Reconstruction Act was remarkable in several features. The provision
imposing negro suffrage was carried through the Senate with difficulty
and only as the result of the tireless activity of Charles Sumner.
Sumner and other radicals were determined that the blacks should be
enfranchised in order that they might protect themselves from hostile
local legislation and also in order that they might form part of a
southern Republican party. Even more noteworthy was the military
character of the Act. The President had already exercised his
prerogative of declaring the country at peace on August 20, 1866, more
than six months before the Act was passed. In the decision in the
Milligan case, which preceded the Act by nearly three months, the
Supreme Court had decided that military tribunals were illegal except
where war made the operation of civil courts impossible. Military
reconstruction was illogical, not to say unlawful, therefore, but
Congress was more interested in a method that promised the speedy
accomplishment of its purposes than it was in the opinions of the
executive and judicial departments.
Public-domain text, read in full here on John Shaqi.
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