The Struggle Between President Johnson And Congress Over Reconstruction Part 10

[156] _House Journal_, 2d Session, 39th Congress, 345.

[157] _Congressional Globe_, 2d Session, 39th Congress, 1074.

[158] _Congressional Globe_, 2d Session, 39th Congress, 1076.

[159] _Congressional Globe_, 2d Session, 39th Congress, 1360.

[160] _Ibid._, 1381-2.

[161] _Ibid._, 1360.

[162] _Congressional Globe_, 2d Session, 39th Congress, 1399.

[163] McPherson, _History of the Reconstruction_, 192.

[164] _House Journal_, 2d Session, 39th Congress, 563-572.

[165] Act of January 22, 1867.

[166] _Congressional Globe_, 1st Session, 40th Congress, 13.

[167] The Committee on the Judiciary was instructed on March 7 to report a supplementary bill (_Congressional Globe_, 17), and the Wilson bill was accordingly reported by it.

[168] _Congressional Globe_, 1st Session, 40th Congress, 302-3; 313-14.

[169] _Congressional Globe_, appendix, 1st Session, 40th Congress, 39; McPherson, _History of the Reconstruction_, 192.

[170] Except in Virginia, where the number was modified in proportion to the change made by the separation of West Virginia.

[171] By the act of that date all persons elected or appointed to any office under the government of the United States were required to take the following oath previous to entering upon the duties of such office: "I, A.

B., do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have neither sought nor accepted nor attempted to exercise the functions of any office whatever, under any authority or pretended authority in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, power or const.i.tution within the United States, hostile or inimical thereto. And I do further swear (or affirm) that, to the best of my knowledge and ability, I will support and defend the Const.i.tution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter, so help me G.o.d."

[172] Appendix, _Congressional Globe_, 1st Session, 40th Congress, 39, 40.

[173] Johnson, _Reconstruction_, in Lalor, iii, 552; c.o.x, _Three Decades of Federal Legislation_, 378.

[174] _Congressional Globe_, appendix, 1st Session, 39th Congress, 43-4.

[175] McPherson, _History of the Reconstruction_, 335-6.

[176] Stanbery had ruled that the willingness of an applicant to take the oath must be regarded as final evidence of his qualification to register.

Thus those notoriously incapacitated from taking the oath honestly, could not be prevented from registering. This additional power virtually enabled the boards of registration to exercise their own discretion as to whom they should enroll.

[177] Scott, _Reconstruction during the Civil War_, 317 ff.

[178] c.o.x, _Three Decades of Federal Legislation_, 512-14.

[179] McPherson, _History of the Reconstruction_, 336-7.

[180] McPherson, 190.

[181] Dunning, in _Papers of the American Historical a.s.sociation_, iv, 473; _Congressional Globe_, 1st Session, 40th Congress, p. 565.

[182] McPherson, 264.

[183] _Ibid._, 178.

[184] McPherson, 178.

[185] Vetoed March 2, 1867, and repa.s.sed by both houses on the same day.

For copy of the act, see McPherson, 176 ff.

[186] His argument here, however, is weak, as the power of suspension would easily have covered all such cases.

[187] _Ex parte_ Hennen, January, 1839, 13 Peters, 139.

[188] McPherson, 261.

[189] _Ibid._, 262.

[190] The text of the correspondence between Grant and Johnson may be found in McPherson, _History of the Reconstruction_, p. 282 ff.

[191] McPherson, p. 283.

[192] _Ibid._, p. 284.

[193] McPherson, 265. The fact also that Grant had refused to be governed by Johnson's instructions made the attempt still less serious.

[194] See Dunning, _Papers American Historical a.s.sociation_, 1890, p. 481.

[195] McPherson, 266. The vote was 128 to 47, divided strictly on party lines.

[196] For the full text of the eleven articles, see McPherson, 266 ff. For a critical discussion of the legal points involved in the trial, see Dunning, in _Papers American Historical a.s.sociation_, iv, 483 ff.