Thaddeus Stevens did not think any question had arisen which required the two Houses to separate, for that, according to the language of the joint resolution, could only occur upon the reading of those returns which had been opened by the president of the convention.
Mr. Cowan did what he could to bring the question before the two Houses, and failing, withdrew it. The result, after some further effort to call up the returns from Louisiana and Tennessee, was then announced. The tellers reported that for President of the United States Abraham Lincoln had received 212, and George B. McClellan 21 votes; that for Vice-President Andrew Johnson had received 212, and George H. Pendleton 21 votes.[[396]]
On February 10 the president pro tempore laid before the Senate the following communication from Mr. Lincoln:
To the honorable the Senate and House of Representatives:
The joint resolution entitled “Joint resolution declaring certain States not entitled to representation in the Electoral College” has been signed by the Executive, in deference to the view of Congress implied in its passage and presentation to him. In his own view, however, the two Houses of Congress, convened under the twelfth article of the Constitution, have complete power to exclude from counting all electoral votes deemed by them to be illegal; and it is not competent for the Executive to defeat or obstruct that power by a veto, as would be the case if his action were at all essential in the matter. He disclaims all right of the Executive to interfere in any way in the matter of canvassing or counting electoral votes, and he also disclaims that, by signing said resolution, he has expressed any opinion on the recitals of the preamble, or any judgment of his own upon the subject of the resolution.[[397]]
Except for a brief speech by Reverdy Johnson this message was received in silence by the Senate. Mr. Johnson commented upon the extraordinary course of the President, whose duty, he said, was clearly to approve or to disapprove, not virtually to read a lecture to the Senate as he had done. The Maryland member did not doubt that the motives of the President were perfectly correct and patriotic, but it was not the first time, he asserted, that that had been done. The bill for the reconstruction of the seceded States passed both Houses by an overwhelming majority; but it was defeated by the President’s failure to approve, and the adjournment of Congress before ten days elapsed. In his manifesto or proclamation he approved portions and disapproved others.[[398]]
Short as this paper was, however, it was entirely characteristic of the President. This little lesson in constitutional law is only another proof that Mr. Lincoln possessed in an eminent degree the faculty of seeing clearly through the most intricate question. His disposal of this difficulty as well as his reflections on Congress remind one of the facility with which he straightened out for General Butler the liquor problem at Norfolk. The succeeding chapter will describe another phase of the controversy between the political departments of the Government.
X
SENATE DEBATE ON LOUISIANA
At the opening of its second session, December 5, 1864, the Speaker of the Thirty-eighth Congress laid before the House the credentials of W. D. Mann, T. M. Wells, Robert W. Taliaferro, A. P. Field and M. F. Bonzano, who claimed seats as Representatives from the State of Louisiana. A petition, signed by numerous citizens of that commonwealth, protesting against the admission of these claimants, was referred at the same time on motion of Henry Winter Davis to the Committee of Elections in connection with their credentials, which had already received the same direction. On the 13th this remonstrance was ordered to be printed.
Mr. Dawes on February 11 following reported that “M. F. Bonzano is entitled to a seat in this House as a Representative from the First Congressional District of Louisiana.” Six days later he presented a report and resolutions from his committee to the effect that Messrs. Field and Mann from the Second and Third Districts, respectively, were also entitled to seats. These reports with the accompanying resolutions were laid on the table and ordered to be printed.