Lincoln's Plan of Reconstruction

by Charles H. McCarthy

“A more studied outrage on the legislative authority of the people has never been perpetrated.

“Congress passed a bill; the President refused to approve it, and then by proclamation puts as much of it in force as he sees fit, and proposes to execute those parts by officers unknown to the laws of the United States, and not subject to the confirmation of the Senate.

“The bill directed the appointment of provisional governors by and with the advice and consent of the Senate.

“The President, after defeating the law, proposes to appoint, without law and without the advice and consent of the Senate, military governors for the rebel States!

“He has already exercised this dictatorial usurpation in Louisiana, and defeated the bill to prevent its limitation.”

Scarcely an expression of the proclamation, which was examined in detail, escaped its share of censure or of ridicule. To suppose that the President was ignorant of the contents of the bill was out of the question, for it had been discussed, they asserted, during more than a month in the House of Representatives, by which it was passed as early as the 4th of May. It passed the Senate in absolutely the form in which it came from the House. Indeed, at the President’s request, a draft of a bill substantially the same in material points, and almost identical in those features objected to by the proclamation, was submitted for his consideration during the winter of 1862–1863.

The “Protest” included also a sharp contrast between the Executive plan of December 8, 1863, and that embodied in the bill which had passed Congress. That measure, said Messrs. Wade and Davis, required a majority of the voters to establish a State government, the proclamation was satisfied with one tenth; “the bill requires one oath, the proclamation another; the bill ascertains voters by registering, the proclamation by guess; the bill exacts adherence to existing territorial limits, the proclamation admits of others; the bill governs the rebel States by law, equalizing all before it, the proclamation commits them to the lawless discretion of military governors and provost marshals; the bill forbids electors for President (in the rebel States), the proclamation and defeat of the bill threaten us with civil war for the admission or exclusion of such votes....”

This arraignment of the President’s course concluded with the language of admonition, if not indeed of absolute menace: “The President has greatly presumed on the forbearance which the supporters of his Administration have so long practised, in view of the arduous conflict in which we are engaged, and the reckless ferocity of our political opponents.

“But he must understand that our support is of a cause, and not of a man; that the authority of Congress is paramount and must be respected; that the whole body of the Union men of Congress will not submit to be impeached by him of rash and unconstitutional legislation; and if he wishes our support, he must confine himself to his Executive duties,—to obey and execute, not make the laws,—to suppress by arms armed rebellion, and leave political reorganization to Congress.

“If the supporters of the Government fail to insist on this, they become responsible for the usurpations which they fail to rebuke, and are justly liable to the indignation of the people whose rights and security, committed to their keeping, they sacrifice.