It was thought that a majority of the Senate concurred in Mr. Johnson's interpretation of the Constitution, but they passed the bill as a rebuke to the scandalous sale of pardons which Mr. Chandler had brought to the attention of the Senate. This vile practice had no doubt been pursued to some extent, but only by a class of "middle men" who had neither honor nor sensibility. They had in some form the opportunity to secure the interposition of men who could reach the ear of the President or the Attorney-General. It is hardly necessary to add that neither of those high officials was in the remotest degree reflected upon even by their bitterest opponents. However wrong-headed Mr. Johnson and Mr. Stanbery might have been considered on certain political issues, the personal integrity of both was unblemished. It was believed that the nefarious practice was stopped by Mr. Chandler's action in the Senate. Exposure made public men careful to examine each application for pardon before they would consent to recommend it to the President.
The President neither approved the bill nor objected to it, but allowed it to become a law by the expiration of the Constitutional limit of ten days. He obviously took the same view that had been advanced by Mr. Reverdy Johnson, and did not take the trouble to sign it, much less to veto it. It was brutum fulmen, and the President used his Constitutional power to pardon by proclamation just as freely after its enactment as before.
[NOTE.—"Pocketing a bill" is the phrase commonly used to describe the President's course when he permits a bill which reaches him within the last ten days of the session, to die without action on his part. It is frequently termed the "pocket veto.">[
[(1) The original Reconstruction Act and the several supplementary Acts are given in full in Appendix A.]
[(2) The full text of the Act to regulate the tenure of certain civil offices, is given in Appendix B.]
CHAPTER XII.
The Fortieth Congress met at the very moment the Thirty-ninth closed—on the fourth day of March, 1867. The valedictory words of the presiding officers in both branches were followed immediately by the calling to order of the succeeding bodies. The contest between the President and Congress had grown so violent, the mutual distrust had become so complete, that the latter was unwilling to have its power suspended for the customary vacation of nine months between the 4th of March and the first Monday of the ensuing December; and therefore at the preceding session a law had been passed directing that each Congress should be organized immediately after the existence of its predecessor had closed. The Republican leaders felt that without the supervising and counteracting power of Congress, full force and effect might not be given to the Reconstruction laws by the President; that they might possibly be neutralized by hostile action from the office of the Attorney-General, and that for this reason it would be well, nay, it was imperatively demanded, that the legislative power should be kept ready to interpose with fresh enactments, the very moment those already in force should be dulled by adverse construction, or haltingly administered by Executive agents not in sympathy with the policy of Congress.
The membership of the Fortieth Congress was changed in some important respects in both branches. Simon Cameron, at sixty-eight years of age, returned from Pennsylvania as the successor of Edgar Cowan in the Senate. It was the third time he had entered that body, and now, as it proved, for a longer period than ever before.—Roscoe Conkling, who had been steadily growing in strength, with the Republican party of New York, was transferred from the House and took the seat of Ira Harris.—Justin S. Morrill of Vermont, after twelve years of useful and honorable service in the House, was now promoted to the Senate for a still longer and equally honorable and useful service in that body.—Oliver P. Morton, bearing his great reputation as the War Governor of Indiana, now took the seat of Henry S. Lane, whom, six years before, he had succeeded in the gubernatorial chair of his State.—James W. Patterson of New Hampshire had grown rapidly in favor by four years' service in the House and now entered the Senate as the successor of Daniel Clark.—Orris S. Ferry, who but for physical disability would have acquired wider fame, succeeded Lafayette S. Foster as senator from Connecticut.—James Harlan returned from Iowa after a somewhat extraordinary experience with the President during his two years' absence.—Charles D. Drake, fresh from bitter political controversies, entered from Missouri as the successor of B. Gratz Brown.—Cornelius Cole, who had already served in the House, came from California.—Henry W. Corbett, a successful merchant, came from Oregon. The Senate on the whole had received valuable accessions. Some of the men who entered that day became prominent and influential in the public councils for many years.
The House also received some noteworthy additions among the new members. Two marked men from the North-West, who had served as representatives in opposing parties, before the Rebellion, now returned as members of the same political organization, having in the four intervening years acquired great distinction in the war for the Union —John A. Logan of Illinois, and Cadwalader C. Washburn of Wisconsin.—Grenville M. Dodge, who had attained high rank in the volunteer service, entered from Iowa.—Norman B. Judd, who had gained much influence by his long membership of the State Senate of Illinois between 1844 and 1860, and by his service as minister to Berlin under Mr. Lincoln, now came from one of the Chicago districts.
The New-York delegation was strengthened by the advent of some new men. —Dennis McCarthy, an enterprising and successful merchant, with wide knowledge of public affairs, entered from the Syracuse district. He proved a most intelligent and useful member of the House, as he already had of the Legislature of New York. His ability, his industry, and his broadly liberal views have given him a high standing among the people of his State.—William H. Robertson entered at the same time from the Westchester district. He was a member of the House for only a single term, but he left a clear imprint of the high character which has since been put to severe tests and was never found wanting. Able and frank, conscientious and careful in the discharge of every trust, Mr. Robertson has established a reputation without spot or blemish.—Orange Ferriss, since of honorable repute as one of the Auditors in the Treasury Department, John C. Churchill, who had already attained a good standing at the Bar, and Addison H. Laflin, afterwards appointed to an important customs office in the city of New York, all entered at this session.