THE SUMMER SESSION
Whether the President communicate the Attorney-Generals latest
opinion to the commanding Generals as an order or as "information" it is equally
necessary for Congress to assemble. The meaning of the Reconstruction Act must be defined
by the Legislature. If it were ill-considered and hastily passed there is all the more
reason for repairing its defects. The members may be blamed as much as any body may desire
for not discovering the weaknesses of the bill; but now that they are discovered Congress
alone can apply the remedy.Nor is
there any probability that either the President or the commanders will regard the
Attorney-Generals opinion merely as information. When Congress passes a law which
the President is to execute, if he is in doubt of its meaning he applies to his law
counselor. That officer explains the intention of the law. If his view differ from that of
the President the latter may undoubtedly disregard it, and enforce the law as he
understands it. But when, as in this case, he has constantly expressed an opinion adverse
to the manifest object of the law, when he has denounced it as tyrannical and
unconstitutional, the assumption is unavoidable that when he asks the opinion of his law
officer, who is also notoriously opposed to the law, it is with the intention of receiving
an interpretation of it by which, if he chooses, he may defeat its operation. If he means
to execute it as Congress intended, his own judgment is as valuable as that of the
Attorney-General. If the commanders ask for information the President is first to consider
what Congress meant to effect by the law, and then to interpret it accordingly. That he
has not done this is evident. It is a mere quibble to urge that if the commanders asked
for information he was obliged to ask an opponent of the law what it meant, and then
furnish the opinion as information. When he transmits the opinion he declares his
interpretation of the law. Whatever has been done by the commanders, which is inconsonant
with that view is unlawful; and if men have been illegally and forcibly deprived of their
offices the President is morally bound to reinstate them. When the President sends the
Attorney-Generals opinion to General Sheridan for his "information" he
informs him that he has illegally turned Mayor Monroe, and Judge Abell, and Governor Wells
out of their offices. And when these persons demand, therefore, to be restored, what has
the President to say? Does he intend to become a party to a deprivation which he declares
to be illegal?
This is evidently the
understanding of General Sickles, and he therefore asks to be relieved and demands a court
of inquiry. It is the natural result of the folly of the administration. It was well known
that in the department of General Sickles the progress of reconstruction was rapid and
promising. He was fully in sympathy with Congress and the country, and exercised his great
powers with a strict regard to the early and peaceful solution of the difficulty. His
decided action shows the interpretation which at least one intelligent commander puts upon
the necessary intention of the government. The President, through the
Attorney-Generals opinion, recognizes the validity of authorities which Congress has
declared illegal, but which it tolerates temporarily, and so long as they do not interfere
with the national authority. At any moment, therefore, the President may paralyze every
District Commander; and Congress should immediately take care that the Executive
understands its intention beyond the possibility of misinterpretation.
Articles Related to Overt
Obstruction of Congress:
Congress
February 2, 1867, page 67
February 16, 1867, page 99
March 16, 1867, page 163
How Long?
June 29, 1867, page 402
Reconstruction and Obstruction
July 6, 1867, page 418
The Summer Session
July 6, 1867, page 418
The Fortieth Congress
July 17, 1867, page 467
Thanks to the District Commanders
July 27, 1867, page 467
Impeachment Postponed
July 27, 1867, page 467
A Desperate Man
August 13, 1867, page 546
The Secretary of War
August 24, 1867, page 530
Samson Agonistes at Washington (cartoon)
August 24, 1867, page 544
The Stanton Imbroglio (illustrated satire)
August 24, 1867, page 542
Secretary Grant
August 31, 1867, page 546
Southern Reconstruction
August 31, 1867, page 547
The Political Situation
September 7, 1867, page 562
General Thomas
September 7, 1867, page 563
Southern Reconstruction
September 7, 1867, page 563
The General and the President
September 14, 1867, page 578
General Sickles Also
September 14, 1867, page 579
Southern Reconstruction
September 21, 1867, page 595
The Presidents Intentions
September 28, 1867, page 610
Impeachment
October 5, 1867, page 626
The Main Question
October 5, 1867, pages 626-627
Suspension during Impeachment
October 19, 1867, page 658
"Disregarding" The Law
November 2, 1867, page 691
Impeachment
December 14, 1867, page 786
General Grants Testimony
December 14, 1867, page 786
The Presidents Message
December 14, 1867, page 787
General Grants Letter
January 1, 1868, page 2
Secretary Stantons Restoration
January 25, 1868, page 51
Reconstruction Measures
January 25, 1868, page 51
The President, Mr. Stanton and General Grant
February 1, 1868, page 66
Romeo (Seward) to Mercutio (Johnson) (cartoon)
February 1, 1868, page 76
The War Office
February 1, 1868, page 77
Secretarys Room in the War Department (illus)
February 1, 1868, page 77
The New Reconstruction Bill
February 8, 1868, page 83
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