Page:Reminiscences of Sixty Years in Public Affairs (Volume Two).djvu/105

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INVESTIGATIONS FOLLOWING THE CIVIL WAR
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ations had been made the proclamation was agreed to by the Cabinet but without a declaration or even an understanding upon the point which, without much delay, became the vital point: was the policy of government that was announced in the proclamation a permanent policy or was it a temporary expedient, a substitute for military government, and subject to the approval or disapproval of Congress?

General Grant was of the opinion that the organizations which the President set up in the States were temporary and that they were subject to the action of Congress.

Mr. Stanton’s opinion is expressed carefully, in his own words: “My opinion is, that the whole subject of reconstruction and the relation of the State to the Federal Government is subject to the controlling power of Congress; and while I believe that the President and his Cabinet were not violating any law, but were faithfully performing their duty in endeavoring to organize provisional governments in those States, I supposed then, and still suppose, that the final validity of such organizations would rest with the law-making power of the government.”

In an official letter, dated January 8, 1866, Secretary Stanton gave his reasons for the payment of the salaries of the provisional governors: “The payments were made from the appropriation of army contingencies because the duties performed by the parties were regarded of a temporary character ancillary to the withdrawal of military force, and to take the place of the armed forces in the respective States.”

On the other hand the President chose to treat the governments that had been set up as permanent governments and beyond the control of Congress. On this point, the contest between President Johnson and the Republican Party was made up. It ended in an appeal to the people, who rendered a judgment against the President by a two-thirds majority. The testimony of Secretary Seward, and official papers that