CHAPTER I.

Produced by Bryan Ness and the Online Distributed

Proofreading Team at http://www.pgdp.net (This file was

produced from images generously made available by The

Internet Archive.)

I

THE STRUGGLE BETWEEN PRESIDENT JOHNSON

AND CONGRESS OVER RECONSTRUCTION

_STUDIES IN HISTORY, ECONOMICS AND PUBLIC LAW_

EDITED BY

THE FACULTY OF POLITICAL SCIENCE OF COLUMBIA

UNIVERSITY IN THE CITY OF NEW YORK.

Volume VIII] [Number 1

THE STRUGGLE

BETWEEN

PRESIDENT JOHNSON AND CONGRESS

OVER RECONSTRUCTION

BY CHARLES ERNEST CHADSEY, Ph.D.

NEW YORK

1896

CONTENTS

PAGE

CHAPTER I. THEORIES PRIOR TO THE CLOSE OF THE WAR.

1. The Problem 7

2. Common Belief at Opening of Hostilities: The Crittenden

Resolution 8

3. The Democratic Theory 10

4. Lincoln: The Development of his Theory 14

5. The Congressional Policy 18

CHAPTER II. JOHNSON'S THEORY: THE EXPERIMENT AND ITS RESULTS.

1. Conditions at Accession of Johnson 28

2. Lincoln _vs._ Johnson 28

3. Johnson's views before Accession 29

4. Speeches in the Spring after his Accession 30

5. Secret of his Attitude 32

6. Development of his Theory 34

7. Attitude towards Enfranchisement of the Negro 41

8. Legislative Action in the South 42

9. The Defense of the South 46

10. Effect of the Attitude of the South upon the North 47

CHAPTER III. ATTITUDE OF CONGRESS TOWARDS THE EXPERIMENT:

DEVELOPMENT OF THE CONGRESSIONAL THEORY.

1. Attitude of Parties towards the Administration at

Beginning of the Session 49

2. Opening Scenes in Congress 50

3. The Annual Message: Debate on Reconstruction 55

4. The Freedmen's Bureau 59

5. Johnson's Indiscreet Speeches in February, 1866 65

6. Civil Rights; Other Bills 68

7. Report of Committee on Reconstruction 73

8. Authorized Measures of First Session 80

CHAPTER IV. THE CAMPAIGN OF 1866.

1. Crisis in the Cabinet 87

2. The New Orleans Riots 88

3. Administration Conventions 91

4. Anti-Administration Conventions 98

5. The Fall Elections 103

6. Action on the XIV Amendment 104

CHAPTER V. THE CONGRESSIONAL THEORY FULLY DEVELOPED.

1. The Second Session Convenes; The Annual Message 107

2. First Reconstruction Bill 109

3. First Supplementary Bill 117

4. Second Supplementary Bill 122

5. State Conventions 124

6. Third Supplementary Bill 125

7. Ratification of Constitutions 125

8. Acts Re-admitting States to Representation in Congress 125

CHAPTER VI. THE IMPEACHMENT OF THE PRESIDENT.

1. Why Congress Wished to Impeach 127

2. What is an Impeachable Offense 128

3. The Opening Attack 129

4. The Work of the Judiciary Committee 131

5. The Attack Fails 132

6. The Limitation of Presidential Powers 133

7. The Tenure-of-Office Act 134

8. Struggle with Secretary Stanton 135

9. Articles of Impeachment 138

10. Attitude of Conservative Republicans 140

11. Conclusion 141

THE STRUGGLE BETWEEN PRESIDENT JOHNSON AND CONGRESS OVER RECONSTRUCTION.

CHAPTER I.

THEORIES OF RECONSTRUCTION PRIOR TO THE CLOSE OF THE WAR.

1. The war of the rebellion afforded opportunity for the people of the

United States to obtain a far clearer conception of the powers and

limitations of the federal constitution than had previously been possible,

and settled beyond possibility of further debate some of the most

important questions which had arisen since its interpretation as an

"instrument of evidence" had begun. Yet when General Johnston had

surrendered his army on April 26, 1865, virtually bringing the war to a

close, the country found that one great constitutional question, a

question of the highest practical importance, still remained unsolved; and

for several years the best energies of our statesmen were occupied with

its solution. Eleven of the States had for four years been in armed

insurrection, but now, through superior force, they lay helpless at the

feet of the Union. Under these circumstances, what was their

constitutional relation to the federal government?

Previous to the passage of the ordinance of secession by the convention of

South Carolina in 1860, the nation never had been called upon to determine

the status of a State which declared its relation to the federal

government severed. Certainly if a State could establish its independence

by war, the question, so far as such State was concerned, would have no

significance; but as such a conclusion of the difficulty could not be

considered for an instant, the status of the seceded State, both before

and after the cessation of hostilities, immediately became an important

subject of discussion. The gradual evolution of popular sentiment, from

the belief that the dignity of a State should not be tampered with, to the

belief that by an act of secession a State divested itself of all its

rights and privileges as a State, and reverted to the condition of a

Territory, forms an interesting chapter in the history of the unwritten

constitution of the United States.

2. When the 37th Congress met on July 4, 1861, in pursuance of Lincoln's

proclamation, the war had not been in progress long enough to show to the

country the extreme gravity of the situation and the wideness of the gap

which had arisen between the Southern States and the rest of the Union.

The common belief was that unprincipled agitators, who represented only a

small minority of the legal voters in the insurrectionary States, had

obtained temporary control over the governments of these States, and were

waging a war against the Union, in which they were unsupported by the

majority; and that the latter would joyfully resume control of their

governments as soon as the opportunity should be given them, which it was

confidently believed would soon happen. That is, the war was to be carried

on, not against the States which claimed to have seceded, but against a

certain element of the Southern population.

The extreme solicitude felt by Congress for the proper preservation of the

sovereign privileges of these States is shown by the practical unanimity

with which a resolution submitted by Mr. Crittenden, on July 22, was

carried, there being only two dissenting voices.[1] It declared the sense

of the House to be that[2] "this war is not waged upon our part in any

spirit of oppression, nor for any purpose of conquest or subjugation, nor

purpose of overthrowing or interfering with the rights or established

institutions of those States, but to defend and maintain the supremacy of

the Constitution and to preserve the Union with all the dignity, equality

and rights of the several States unimpaired; and that as soon as these

objects are accomplished the war ought to cease." Three days later, Andrew

Johnson, then a Senator from Tennessee, submitted the same resolution in

the Senate,[3] where it was also carried with practical unanimity,

although the discussion indicated a confused idea as to its exact

significance.

But few months passed by before this staunch confidence in the rights of

the States began to be shaken; a feeling of doubt had arisen which had not

as yet resolved itself into a definite change of attitude, yet which was

sufficient to prevent the re-endorsement of Mr. Crittenden's resolution,

introduced by Mr. Holman, December 4, 1861, and tabled by a vote of 71 to

65.[4]

A series of resolutions introduced in the Senate by Mr. Davis of Kentucky,

on February 13, 1862,[5] while preserving in the main the principles then

in vogue, assumed a somewhat broader tone and expressed very clearly the

belief of a large element of the thoughtful classes. Affirming the

permanency of the privileges of the people of the United States, it denied

the criminality of the citizen who does not perform "his duties of loyalty

and obedience, when the government fails to give him protection and

security," and declared that the powers of the nation and State in the

State are simply in suspension during a period of insurrection, and should

be resumed, unimpaired, when the insurrection ceases. Here also was

affirmed, in unmistakable terms, the inability of the State to secede, and

the consequent obligation of the United States to preserve in these States

republican forms of government. The guilty leaders should be punished, but

the masses should receive amnesty; and immediately following the important

admission was made that "if the people of any State cannot or will not

reconstruct their state government, and return to loyalty and duty,

Congress should provide a government for such State as a territory of the

United States, securing to the people thereof their appropriate

constitutional rights."

Here, in connection with the positive statement that a State cannot

secede, and the implication that the insurrectionary citizen may be upheld

in his actions, was a clear expression of so-called extra-constitutional

powers in treating incorrigible States as territories. It would be

interesting to know how these resolutions were viewed by the Senate, but

they were laid on the table and never taken up for discussion.

3. During the opening days of the 3d Session of the 37th Congress, the

question of the right to interfere with the States as States, was brought

fairly before the House by a series of resolutions in which the policy of

the extreme wing of the Democratic party was expressed.[6] In them it is

declared that "the Union _as it was_, must be restored and maintained, one

and indivisible."[7] When this declaration is examined, with the

President's preliminary proclamation of emancipation in mind, the

significance of the three italicised words can be seen. The resolutions,

after quoting the substance of the Crittenden resolution, further declared

that "whoever shall pervert or attempt to pervert the same to a war of

conquest or subjugation, or for the overthrowing or interfering with the

rights or established institutions of any of the States, and to abolish

slavery therein, or for the purpose of destroying or impairing the

dignity, equality, or rights of any of the States, will be guilty of a

flagrant breach of public faith and of a high crime against the

Constitution and the Union." The same guilt was declared to attach to all

who should "propose by federal authority, to extinguish any of the States

of the Union, or to declare any of them extinguished, and to establish

territorial governments within the same."

These resolutions, which were an open attack upon the presidential policy,

were tabled by a vote of 79 to 50, a party vote. This fact is of

significance as an evidence of the growing feeling in the House, that the

sovereign rights of the States might be too highly considered, and that

decided discipline of some kind might be found a measure of necessity. It

began to be doubted whether in some of these States there could be found a

sufficient number of loyal citizens to carry on the government without

modifications of the old constitution and laws. At the same time the small

majority by which the resolutions were tabled shows that the old idea

still exercised a powerful influence in the House.

On December 14, 1863, resolutions were introduced by Mr. Finck,[8] and

others two days later by Mr. Rollins,[9] which were very similar to the

Crittenden resolution, and were introduced merely as expressions of the

Democratic policy, since the Republican majority was too pronounced to

permit their adoption.

From the beginning of the war, the policy of the Democratic party in the

North was to bring about some agreement between the North and the South,

by compromises and concessions, and should the issue finally be determined

in favor of the Union even by dint of superior strength, to restore the

Southern States to their former condition. In short, the theory held

almost unanimously by Congress at the opening of the 37th Congress, was

retained as the Democratic theory,[10] while the Republicans gradually

modified their opinions, and with the progress of events developed a

theory different from both the Democratic and the presidential theory.

Even after the proclamation of emancipation had come to be recognized as

one of the natural results of the war, the policy of the Democratic party

was unchanged except as necessarily modified by emancipation, and in the

House, on February 8, 1864, Jacob B. Blair submitted resolutions[11] in

which it was stated that "every State which has ever been, is still a

State in the Union, and that when this rebellion shall have been put down,

each of the so-called seceding States will have the same rights,

privileges, and immunities under the Constitution as any one of the loyal

States, except so far as the holding of African slaves in bondage is

affected by the President's proclamation." These resolutions also

repudiated "the doctrine advanced by some, that the so-called seceding

States have ceased to be States of and in the Union, and have become

territories thereof, or stand in the relation of foreign powers at war

therewith."

But besides political declarations, the Democratic theory found other ways

of expression in Congress. From the very commencement of the war, many of

the leaders of the party were confident that hostilities could be brought

to an end and peaceful relations restored by a convention of States, and

several attempts were made to induce Congress to consider favorably some

such plan.[12] As early as July 15, 1861, only eleven days after the

convening of the extra session of Congress, Benjamin Wood introduced a

resolution in the House,[13] which recommended that the governors of the

several States "convene their legislatures for the purpose of calling an

election to select two delegates from each Congressional district, to meet

in general convention at Louisville, in Kentucky, on the first Monday in

September next; the purpose of the said convention to be to devise

measures for the restoration of peace to our country."

Again at the opening of the second session on December 4, 1861, joint

resolutions were introduced by Mr. Saulsbury, in the Senate,[14] to

appoint Millard Fillmore, Franklin Pierce, Roger B. Taney, Edward Everett,

Geo. M. Dallas, Thomas Ewing, Horace Binney, Reverdy Johnson, John J.

Crittenden, George E. Pugh, and R. W. Thompson, "commissioners on the part

of Congress, to confer with a like number of commissioners to be appointed

by the States" in rebellion, "for the preservation of the Union and the

maintenance of the Constitution." The resolutions also provided that when

the several States should have appointed their commissioners, hostilities

should cease, "and not be renewed unless said commission shall be unable

to agree," or "agreement shall be rejected either by Congress or by the

aforesaid States."

One year later, December 2, 1862, a third attempt[15] was made by Mr.

Davis, who submitted a joint resolution in the Senate (S. 104), proposing

a convention from all the States to devise means for the reconstruction of

the Union, and on May 30, 1864, Mr. Lazear submitted in the House,

resolutions which were to authorize the President to "adopt or agree upon

some plan upon which the decision of the great body of the people north

and south may be secured upon the question of calling a convention

composed of delegates from all the States, to which shall be referred the

settlement of all questions now dividing the southern States from the rest

of the Union, with a view to the restoration of the several States to the

places they were intended to occupy in the Union."

During the later years of the war, after hope of success had begun to die

out, some of the Southern States looked very favorably upon the plan; but

nothing approximating such a convention resulted.[16]

4. At the beginning of his term of office, President Lincoln held the then

prevailing belief in the supremacy of the States in all matters not

directly under federal control, and as a matter of course believed that at

the cessation of hostilities each State should immediately resume its old

relations to the government, its local matters untouched by the central

administration.[17] But the ability of Lincoln to modify his own beliefs

on any subject as his experience widened was never better manifested than

on this very question, and had he lived to control the administration

through the period of reconstruction, it is not unreasonable to suppose

that his attitude would have undergone still greater change. As the

magnitude of the struggle became more apparent, he began to deliberate

upon the advisability of striking at the root of the evil, despite the

blow it struck at state liberty, and the two proclamations of September

22, 1862, and January 1, 1863,[18] mark the basis of the executive plan of

reconstruction. The Pierpoint government of Virginia had been recognized

in 1861, but its recognition was in harmony with the early attitude of

Congress towards the States, and involved no questions which could show a

distinct executive policy.

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.

And now with emancipation still another element entered into the question,

and in the future reconstruction, Congress was of necessity forced to

follow to a certain extent a new path laid out by the President. A State

after January, 1863, in order to resume its former relations, must at

least make one change in its institutions, and perfect restoration could

no longer be considered. True, a large minority opposed the emancipation

policy of the President, and their discontent took expression in

resolutions such as Mr. Conway introduced into the House on December 15,

1862, in which he says that "the seceded States can only be put down, if

at all, by being regarded as out of constitutional relations with the

Union," implying, of course, the inability of the President to extinguish

their local institutions. But such resolutions were never considered,

while resolutions endorsing the policy of the President were agreed

to.[21]

The next step in the development of the President's policy was the

formation of a definite program, which States wishing to be restored to

equal rights with the loyal States should follow. This plan of

reconstruction, called by him at a later period the "Louisiana plan," was

officially announced by the proclamation of December 8, 1863, and the

annual message to Congress of the same date defended the stand taken.[22]

This proclamation granted amnesty to all citizens (excepting certain

specified classes[23]) who would take an oath to support the

Constitution, as well as all acts of Congress and proclamations of the

President relating to slaves; and declared that whenever one-tenth of the

voters of any insurrectionary State should take the oath, and re-establish

their state government, "which shall be republican, and in no wise

contravening said oath," that government would be recognized as the true

government of the State and would receive the protection guaranteed to the

States. But all questions concerning admission to Congress would, in

accordance with the provisions of the Constitution, rest entirely with the

respective houses of Congress. The questions of negro suffrage and federal

supervision of the freedmen were not touched, and no provision was made to

ensure good faith in reconstruction, beyond the mere oath exacted, and the

general oversight of the President.

5. Under the provisions of the proclamation, three States, Louisiana,

Arkansas, and Tennessee,[24] set up new governments, which were recognized

by the President as true governments.[25] Congress, however, was by no

means satisfied with this lenient way of treating the humbled States. The

feeling that the executive was encroaching upon the legislative power

added strength to the discontent. Many thought that if the presidential

policy, without modification, were carried out, the reconstructed States

would speedily revert to the control of the very element against whom the

war had been waged. The House, by a strict party vote,[26] authorized the

appointment of a select committee of nine, to consider that portion of

the President's message relating to reconstruction, with authority to

report by bill or otherwise. Henry Winter Davis was appointed chairman.

Resolutions were submitted by Mr. Williams on March 14, 1864, which were

backed by a sentiment in Congress that was of great significance. Congress

began to feel its way towards a distinctive policy, which had heretofore

been supported by only a few, who were considered as holding extremely

wild and untenable views. These resolutions stated that although the local

laws were subverted, and the functions of the civil authorities suspended

in the States under armed occupation, "as soon as the rebellion is

suppressed in any of the revolting States," the President should

communicate the fact to _Congress_, "in order that it may take the proper

measures for the reorganization of the civil governments and the

re-establishment of the civil functionaries therein, and prescribe such

terms as it may deem wise and proper and consistent with the public safety

for the readmission of those districts as States of this Union." The

exclusive right of the legislative power "to say upon what terms those

territories shall be allowed to return to the Union," was also asserted.

The issue between Congress and the President took more definite form

through the Davis-Wade bill of 1864.[27] This bill had been drafted during

the latter part of 1863 by the select committee of nine, but it did not

come before the House for consideration till March 22, 1864.

The objections of those who supported this bill to the Presidential plan,

are clearly expressed in the speech of H. Winter Davis, in support of his

measure. He says[28] that it (the Presidential plan), "proposed no

guardianship of the United States over the reorganization of the

governments, no law to prescribe who shall vote, no civil functionaries to

see that the law is faithfully executed, no supervising authority to

control and judge of the elections. But if, in any manner, by the

toleration of martial law lately proclaimed the fundamental law, under the

dictation of any military authority, or under the prescriptions of a

provost marshal, something in the form of a government shall be presented,

represented to rest on the votes of one-tenth of the population, the

President will recognize that, provided it does not _contravene_ the

proclamation of freedom and the laws of Congress; and to secure that, an

oath is exacted." This government "may be recognized by the military power

and may not be recognized by the civil power, so that it would have a

doubtful existence, half civil and half military, neither a temporary

government by law of Congress, nor a state government, something as

unknown to the Constitution as the rebel government that refuses to

recognize it."

In place of this method of organization, which Mr. Davis justly thought so

wretchedly loose, he proposed that the President should appoint

provisional governors over these States, whose first duty should be to

enroll the white citizens, through duly appointed United States marshals.

Then when a majority of these citizens should have taken the oath of

allegiance, they should be permitted to hold a State convention for the

purpose of forming a constitution under which the government might be

re-established. But all Confederate office-holders and those voluntarily

bearing arms against the United States were to be ineligible as delegates

to the convention. The bill further provided that the constitution should

"repudiate the rebel debt, abolish slavery, and prohibit the higher

military and civil officers from voting for or serving as governors or

members of the legislature." When these conditions should have been

fulfilled, and the assent of Congress to the recognition of the new

government obtained, the President should be notified, and should then

officially recognize the government by proclamation, after which senators

and representatives would be admitted to Congress.[29]

In the speech mentioned above, Mr. Davis claimed that "the bill challenges

the support of all who consider slavery the cause of the rebellion, and

that in it the embers of rebellion will always smoulder; of those who

think that freedom and permanent peace are inseparable, and who are

determined, so far as their constitutional authority will allow them, to

secure these fruits by adequate legislation."

But in this plan there was no attempt to introduce negro suffrage. The

only question of importance seemed to be: "How can we ensure the

subservience of these States to the federal constitution?" The supporters

of the Davis plan insisted that "the rebel States must be governed by

Congress till they submit and form a state government under the

Constitution"; otherwise "Congress must recognize state governments which

do not recognize either Congress or the Constitution of the United States;

or there must be an entire absence of all government in the rebel States;

and that is anarchy." It was absurd, the argument continued, to recognize

a government which did not recognize the Constitution; and "to accept the

alternative of anarchy as the constitutional condition of a State is to

assert the failure of the Constitution and the end of republican

government. Until, therefore, Congress recognize a state government,

organized under its auspices, there is no government in the rebel States

except the authority of Congress." From this it logically followed that in

the absence of all State government it was the duty of Congress to

"administer civil government until the people shall, under its guidance,

submit to the Constitution of the United States," and reorganize

government under whatever conditions Congress might require.

These arguments appealed to sentiments which were becoming very popular in

Congress. The theory that a State by seceding ceased to exist as a State

was gradually gaining ground, and the Davis plan, by which the central

government was to control the State as a territory, though for so limited

a time, rapidly gained supporters.

Mr. Fernando Beaman, of Michigan, who also considered that the seceded

States had ceased to exist, said in an extended speech favoring the

adoption of this bill:[30] "As a people without government or organization

are in a state of anarchy, their efforts to establish law and order must

be more or less impeded by caprice, by divided counsels, and by the want

of forms, regulations, and methods. The passage of this bill is the

establishment of incipient civil government, and provides at once rules,

regulations and system, with the proper officials to carry them into

execution."

Although the bill was avowedly drawn up to provide what the presidential

plan failed to provide, a method of reconstruction so thorough that those

elements which had produced the discord could no longer influence the

state governments, it itself furnished no means to prevent any of these

States from so amending their constitutions, after their senators and

representatives had received recognition, that the very conditions of

readmittance might be rendered nugatory.

But the bill seemed to the majority in Congress to offer a more practical

plan than any yet proposed, and it passed the House May 4, by a vote of 73

to 59; the Senate, two months later, adopted it by a majority of four. But

it failed to become a law by the adjournment of Congress before it

received the President's signature.[31]

The President, in justification of his neglect to sign the bill, issued a

proclamation on July 8.[32] This stated that while he was unprepared "to

be inflexibly committed to any single plan of restoration," and also

"unprepared to declare that the free State constitutions and governments

already adopted and installed in Arkansas and Louisiana, shall be set

aside and held for naught, thereby repelling and discouraging the loyal

citizens who have set up the same as to further effort," nevertheless he

was "fully satisfied with the system for restoration contained in the

bill, as one very proper plan for the loyal people of any State choosing

to adopt it," and that in such case when the people "shall have

sufficiently returned to their obedience to the Constitution and laws of

the United States," military governors would be appointed, "with

directions to proceed according to the bill."

This attempt to modify the presidential plan virtually ended for the time

the efforts of Congress towards the development of a distinctive theory,

and the war thus closed with no well defined plan in operation, except

that of President Lincoln, which was not well sustained by Congress. Only

one thing seemed to be definitely decided. That was, that the seceded

States, in whatever light they might be considered, were incapacitated

from participating in presidential elections. A joint resolution to this

effect was passed in 1865,[33] and in accordance with its provisions the

electoral vote of Louisiana was ruled out.

Two men in the Republican party wielded the chief power in influencing

that party to adopt the theory of reconstruction which was finally to

prevail as the congressional theory.[34] One was Thaddeus Stevens of

Pennsylvania, and the other Charles Sumner, of Massachusetts. The latter

was a recognized leader of the Senate, and his views concerning the mutual

relations of the States in rebellion and the federal government were

clearly expressed in a series of resolutions which he submitted February

11, 1862. These resolutions, although never brought forward for

consideration, were printed, and coming from so influential a man had

considerable influence in shaping the general attitude of Congress towards

the question, and affected to some extent its future policy. They[35] were

nine in number, with a well-worded preamble which put forward as a premise

that "the extensive territory, thus usurped by these pretended

governments, and organized into a hostile confederacy, belongs to the

United States, as an inseparable part thereof, under the sanction of the

Constitution, to be held in trust for the inhabitants in the present and

future generations, * * * The Constitution, which is the supreme law of

the land, cannot be displaced in its rightful operation within this

territory, but must ever continue the supreme law thereof."

The first resolution declares that a vote of secession is void as against

the Constitution, "and when sustained by force it becomes a practical

_abdication_ by the State of all rights under the Constitution, while the

treason which it involves still further works an instant _forfeiture_ of

all those functions and powers essential to the continued existence of the

State as a body politic, so that from that time forward, the territory

falls under the exclusive jurisdiction of Congress as other territory, and

the State being, according to the language of the law, _felo de se_,

ceases to exist."

The second resolution denies the constitutional existence of the

Confederate States. The third and fourth declare that the termination of a

State terminates its peculiar local institutions, therefore slavery ceases

to exist; and the fifth, sixth and seventh declare it necessary not to

recognize or tolerate slavery. The eighth declares the obligation of the

United States to protect all inhabitants, "without distinction of color or

class." The ninth declares that Congress, in pursuance of the duties cast

upon it by the total extinction of the States and by the constitutional

obligation that the "United States shall guarantee to every State in this

Union a republican form of government,"[36] "will assume complete

jurisdiction of such vacated territory where such unconstitutional and

illegal things have been attempted, and will proceed to establish therein

republican forms of government under the Constitution; and in execution of

this trust will provide carefully for the protection of all the

inhabitants thereof, for the security of families, the organization of

labor, the encouragement of industry, and the welfare of society, and will

in every way discharge the duties of a just, merciful, and paternal

government."

Thaddeus Stevens, although recognized as one of the foremost men of the

Republican party, advocated from the very commencement of hostilities

views of so radical a nature, that he was looked upon by many as a

fanatic. His influence accordingly worked in a different way from

Sumner's. At no time did he consolidate his views into a series of

resolutions, but upon every occasion where the subject could be touched

upon, no matter how indirectly the topic might refer to it, he would state

his theory of the relation of the seceded States to the Union.

Persistently and consistently he advocated it; and he took pleasure in

considering himself as in advance of his party, a prophet, pointing out

the only right road, confident that sooner or later his party would see

the wisdom of his policy and adopt it. Throughout those tempestuous years,

his undaunted faith in the infallibility of his plan served to keep it

constantly in mind, and attracted to him a constantly increasing number of

followers, until at the beginning of the 39th Congress he obtained

control, and became the recognized leader of his party in all matters

relating to the Southern States. Though the plan of reconstruction as

finally adopted contained many modifications, it was to a great extent the

logical outgrowth of the Stevens theory. His whole theory rested upon the

simple premise that wherever there is resistance to the Constitution, and

that resistance cannot be overthrown without appeal to violent methods,

there the Constitution is theoretically as well as practically suspended.

As long as such resistance continues, the Constitution remains suspended,

and only the law-making and war-making power is able to determine when

resistance has ceased. Consequently the federal government would have the

undisputed right to treat the South as a conquered territory until there

should be no question as to the safety of granting greater privileges.

Those States had ceased to be States, consequently the "guarantee clause"

had no application. Congress had unrestricted power over them, as simple

territories of the federal government. On May 2, 1864, during the

discussion of the bill to guarantee republican forms of government to the

rebellious States, he declared that the rebellious States "were entitled

to no rights under the Constitution and laws, which as to them were

abrogated; that they could invoke the aid of neither in their behalf; that

they could claim to be treated during the war as belligerents according to

the laws of war and the law of nations; that they could claim no other

rights than a foreign nation with whom we might be at war; and that they

were subject to all the liabilities of such foreign belligerent," and that

"the property of the morally and politically guilty should be taken for

public use."[37]

The Struggle between President Johnson and Congress over Reconstruction · 第 1 / 6 章