Chapter XXII: The Military Reconstruction Act (3)

"The purpose and object of the bill--the general intent
which pervades it from beginning to end--is to change the
entire structure and character of the State governments, and
to compel them by force to the adoption of organic laws and
regulations which they are unwilling to accept if left to
themselves. The negroes have not asked for the privilege of
voting; the vast majority of them have no idea what it
means. This bill not only thrusts it into their hands, but
compels them, as well as the whites, to use it in a
particular way. If they do not form a Constitution with
prescribed articles in it, and afterward elect a Legislature
which will act upon certain measures in a prescribed way,
neither blacks nor whites can be relieved from the slavery
which the bill imposes upon them. Without pausing here to
consider the policy or impolicy of Africanizing the Southern
part of our territory, I would simply ask the attention of
Congress to that manifest, well-known, and
universally-acknowledged rule of constitutional law which
declares that the Federal Government has no jurisdiction,
authority, or power to regulate such subjects for any State.
To force the right of suffrage out of the hands of the white
people and into the hands of the negroes is an arbitrary
violation of this principle.

"This bill imposes martial law at once, and its operations
will begin so soon as the General and his troops can be put
in place. The dread alternative between its harsh rule and
compliance with the terms of this measure is not suspended,
nor are the people afforded any time for free deliberation.
The bill says to them, Take martial law first, then
deliberate.

* * * * *

"The bill also denies the legality of the governments of ten
of the States which participated in the ratification of the
amendment to the Federal Constitution abolishing slavery
forever within the jurisdiction of the United States, and
practically excludes them from the Union. * * *

"That the measure proposed by this bill does violate the
Constitution in the particulars mentioned, and in many other
ways which I forbear to enumerate is too clear to admit of
the least doubt.

* * * * *

"I am thoroughly convinced that any settlement, or
compromise, or plan of action which is inconsistent with the
principles of the Constitution, will not only be unavailing,
but mischievous; that it will but multiply the present evils
instead of removing them. The Constitution, in its whole
integrity and vigor, throughout the length and breadth of
the land, is the best of all compromises. Besides, our duty
does not, in my judgment, leave us a choice between that and
any other. I believe that it contains the remedy that is so
much needed, and that if the coördinate branches of the
Government would unite upon its provisions, they would be
found broad enough and strong enough to sustain, in time of
peace, the nation which they bore safely through the ordeal
of a protracted civil war. Among the most sacred guarantees
of that instrument are those which declare that 'each State
shall have at least one Representative,' and that 'no State,
without its consent, shall be deprived of its equal suffrage
in the Senate.' Each house is made the 'judge of the
elections, returns, and qualifications of its own members,'
and may, 'with the concurrence of two-thirds, expel a
member.'"

* * * * *

"And is it not far better that the work of restoration
should be accomplished by simple compliance with the plain
requirements of the Constitution, than by a recourse to
measures which, in effect, destroy the States, and threaten
the subversion of the General Government? All that is
necessary to settle this simple but important question,
without further agitation or delay, is a willingness, on the
part of all, to sustain the Constitution, and carry its
provisions into practical operation. If to-morrow either
branch of Congress would declare that, upon the presentation
of their credentials, members constitutionally elected, and
loyal to the General Government, would be admitted to seats
in Congress, while all others would be excluded, and their
places remain vacant until the selection by the people of
loyal and qualified persons; and if, at the same time,
assurance were given that this policy would be continued
until all the States were represented in Congress, it would
send a thrill of joy throughout the entire land, as
indicating the inauguration of a system which must speedily
bring tranquillity to the public mind.

"While we are legislating upon subjects which are of great
importance to the whole people, and which must affect all
parts of the country, not only during the life of the
present generation, but for ages to come, we should remember
that all men are entitled at least to a hearing in the
councils which decide upon the destiny of themselves and
their children. At present ten States are denied
representation, and when the Fortieth Congress assembles, on
the fourth day of the present month, sixteen States will be
without a voice in the House of Representatives. This grave
fact, with the important questions before us, should induce
us to pause in a course of legislation, which, looking
solely to the attainment of political ends, fails to
consider the rights it transgresses, the law which it
violates, or the institutions which it imperils.

"ANDREW JOHNSON."

After the reading of the message, the question came up, "Shall the bill pass, the objections of the President to the contrary notwithstanding?"

Mr. Eldridge declared that it would be the duty of the minority, if it were within their physical power, to defeat the bill. "But we are conscious," said he, "that no effort of ours can prevent its passage, and the consequent accomplishment of a dissolution of the Union, and the overthrow and abandonment of our constitution of government. We can only, in the name of the Constitution, in the name of the republic, in the name of all we hold dear on earth, earnestly, solemnly protest against this action of this Congress."

Mr. Le Blond said that "the passage of this bill would be the death-knell of republican liberty upon this continent." He declared his willingness, if a sufficient number on his side of the House would stand by him, to resist to the utmost extremity of physical exhaustion the passage of this bill, which would "strike a death-blow to this Government."

Mr. Stevens would not be discourteous to those who were opposed to this bill: "I am aware," said he, "of the melancholy feelings with which they are approaching this funeral of the nation." He was unwilling, however, to lose the opportunity to pass the bill at once, and send it to the Senate, that the House might proceed to other matters.

The vote was taken, and the House passed the bill over the President's veto--yeas, 135; nays, 48. The announcement of this result was followed by great applause on the floor and in the galleries.

The immense numbers that had assembled in the galleries of the House to witness these proceedings went immediately to the other end of the Capitol to see the reception which the Veto Message would receive in the Senate. The consideration of the subject, however, was deferred until the evening session.

The Veto Message having been read in the Senate by the Secretary, the pending question at once became whether the bill should pass notwithstanding the objections of the President?

Mr. Johnson advocated the passage of the bill over the veto. "It contains," said he, speaking of the President's message, "some legal propositions which are unsound, and many errors of reasoning. I lament the course he has thought it his duty to pursue, because I see that it may result in continued turmoil and peril, not only to the South, but to the entire country. I see before me a distressed, a desolated country, and in the measure before you I think I see the means through which it may be rescued and restored erelong to prosperity and a healthful condition, and the free institutions of our country preserved."

In reply to a charge of inconsistency brought against him by Mr. Buckalew, Mr. Johnson said: "Consistency in a public man can never properly be esteemed a virtue when he becomes satisfied that it will operate to the prejudice of his country. The pride of opinion, which more or less belongs to us all, becomes, in my judgment, in a public man, a crime when it is indulged at the sacrifice or hazard of the public safety." He urged upon the people of the South their acceptance of the terms proposed by Congress. In view of the probability these overtures should be rejected, harsher measures would be resorted to.

Mr. Saulsbury expressed his admiration for the wisdom of the President in "vetoing the most iniquitous bill that ever was presented to the Federal Congress." "I hope," said he, "that there may be no man within the limits of these ten States who will participate in his own disgrace, degradation, and ruin: let them maintain their honor. If there be wrath in the vials of the Almighty, if there be arrows of vengeance in his quiver, such iniquity and injustice can not finally prove successful."

Mr. Hendricks disagreed with the Senator from Delaware that the people of the South, at once and without consideration, must turn their backs upon the proposition now made them in order to maintain their honor. He hoped they would bring to the consideration of the subject the coolest judgment and the highest patriotism. He was still opposed to the bill; he approved of the President's veto. His judgment against the measure had been "fortified and strengthened by that able document."

The discussion of the question was continued by Messrs. Buckalew, Dixon, and Davis, who spoke against the bill. The friends of the measure were content to let the subject go without a further word from them, save the solemn and final declaration of their votes.

The question being taken, the bill was passed over the veto by a vote of almost four-fifths. Thirty-eight Senators voted for the bill in its final passage, and but ten were found willing to stand by the President and his veto.

The bill whose progress through Congress has thus been traced became a law of the land in the following form:

"AN ACT to provide for the more efficient government of the
rebel States

"_Whereas_, no legal State governments or adequate
protection for life or property now exists in the rebel
States of Virginia, North Carolina, South Carolina, Georgia,
Mississippi, Alabama, Louisiana, Florida, Texas, and
Arkansas; and _whereas_ it is necessary that peace and good
order should be enforced in said States until loyal and
republican State governments can be legally established:
therefore,

"_Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled_, That
said rebel States shall be divided into military districts
and made subject to the military authority of the United
States, as hereinafter prescribed; and for that purpose
Virginia shall constitute the first district, North Carolina
and South Carolina the second district, Georgia, Alabama,
and Florida the third district, Mississippi and Arkansas the
fourth district, and Louisiana and Texas the fifth
district.

"SEC. 2. _And be it further enacted_, That it shall be the
duty of the President to assign to the command of each of
said districts an officer of the army not below the rank of
brigadier general, and to detail a sufficient military force
to enable such officer to perform his duties and enforce his
authority within the district to which he is assigned.

"SEC. 3. _And be it further enacted_, That it shall be the
duty of each officer assigned, as aforesaid, to protect all
persons in their rights of person and property, to suppress
insurrection, disorder, and violence, and to punish, or
cause to be punished, all disturbers of the public peace and
criminals; and to this end he may allow local civil
tribunals to take jurisdiction of and to try offenders, or
when in his judgment it may be necessary for the trial of
offenders he shall have power to organize military
commissions or tribunals for that purpose, and all
interference, under color of State authority, with the
exercise of military authority under this act shall be null
and void.

"SEC. 4. _And be it further enacted_, That all persons put
under military arrest by virtue of this act shall be tried
without unnecessary delay, and no cruel or unusual
punishment shall be inflicted, and no sentence of any
military commission or tribunal hereby authorized, affecting
the life or liberty of any person, shall be executed until
it is approved by the officer in command of the district;
and the laws and regulations for the government of the army
shall not be affected by this act, except in so far as they
conflict with its provisions: _Provided_, That no sentence
of death under the provisions of this act shall be carried
into effect without the approval of the President.

"SEC. 5. _And be it further enacted_, That when the people
of any one of said rebel States shall have formed a
constitution of government in conformity with the
Constitution of the United States in all respects, framed by
a convention of delegates elected by the male citizens of
said State twenty-one years old and upward, of whatever
race, color, or previous condition, who have been resident
in said State for one year previous to the day of such
election, except such as may be disfranchised for
participation in the rebellion or for felony at common law,
and when such constitution shall provide that the elective
franchise shall be enjoyed by all such persons as have the
qualifications herein stated for electors of delegates, and
when such Constitution shall be ratified by a majority of
the persons voting on the question of ratification who are
qualified as electors for delegates, and when such
constitution shall have been submitted to Congress for
examination and approval, and Congress shall have approved
the same, and when said State, by a vote of its Legislature
elected under said constitution, shall have adopted the
amendment to the Constitution of the United States, proposed
by the Thirty-ninth Congress, and known as article fourteen,
and when said article shall have become a part of the
Constitution of the United States, said State shall be
declared entitled to representation in Congress, and
Senators and Representatives shall be admitted therefrom on
their taking the oath prescribed by law, and then and
thereafter the preceding sections of this act shall be
inoperative in said State: _Provided_, That no person
excluded from the privilege of holding office by said
proposed amendment to the Constitution of the United States,
shall be eligible to election as a member of the convention
to frame a constitution for any of said rebel States, nor
shall any such person vote for members of such convention.

"SEC. 6. _And be it further enacted_, That, until the people
of said rebel States shall be by law admitted to
representation in the Congress of the United States, any
civil government which may exist therein shall be deemed
provisional only, and in all respects subject to the
paramount authority of the United States at any time to
abolish, modify, control, or supersede the same; and in all
elections to any office under such provisional governments
all persons shall be entitled to vote, and none others, who
are entitled to vote under the provisions of the fifth
section of this act; and no person shall be eligible to any
office under such provisional governments who would be
disqualified from holding office under the provisions of the
third article of said Constitutional Amendment."

The friends of this measure were dissatisfied with it on the ground of its incompleteness in not containing provisions for carrying it into effect in accordance with the purpose of its framers. This record would be incomplete without a statement of what was done to perfect the measure in the succeeding Congress. The Fortieth Congress, meeting on the 4th of March, immediately upon the close of its predecessor, proceeded without delay to perfect and pass over the President's veto a bill supplementary to the act to provide for the more efficient government of the rebel States. By this act it was provided that the commanding general of each district should cause a registration to be made of the male citizens twenty-one years of age in his district, qualified to vote under the former act. In order to be registered as a voter under this act, a person is required to swear that he has not been disfranchised for participation in any rebellion or civil war against the United States, nor for felony; that he has never been a member of any State Legislature, nor held any executive or judicial office in any State and afterward engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof; that he has never taken an oath as a member of Congress of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, and afterward engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof, and that he will faithfully support the Constitution and obey the laws of the United States, and encourage others to do so.

Persons thus qualified shall vote at elections held for the purpose of selecting delegates to the conventions for framing constitutions for the States.

A majority of voters so qualified shall determine whether constitutional conventions shall be held in the several States, and shall vote for delegates who shall be as numerous as the members of the most numerous branch of the Legislature of such State in the year 1860. This convention having framed a constitution, it shall be submitted to the people, and if ratified by a majority of the qualified voters, it shall be forthwith transmitted to Congress. If this constitution is satisfactory to Congress, and found to be in accordance with the provisions of the act of which this is supplementary, the State shall be declared entitled to representation. All elections are required to be by ballot, and all officers acting under the provisions of this act are required to take the test oath.