Omaha daily bee., 1909-12-01

But once in the history Of the United
states has the congress made a deliberate
attack upon the integrity OF the execu-
tive branch OF the government, as seps-
rated and defined by the constitution.
Many presidents have used extraordinary
means to control the legislative branch
and have succeeded. Congress, in Its one
attempt TO destroy the -preponderant power
Of the president, failed. The war between
President Andrew Johnson and Congress
was a bitter personal and partisan strug-
gle, in which principle had small weight
and consistency none. Had only one sena-
tor changed his vote from Not guilty"
to Guilty" Andrew Johnson would have
been deposed, Ben Wade would have be-
come president and the whole subsequent
history Of the nation would have been
changed.
The basis Of the quarrel between John
son and congress was the instinct Of
self-preservation in the republican party;
the immediate cause was the difference
In the plans for the restoration Of the
eleven seeding states to the union.
Ben Wade's ambition to be president and
Thad Stevens desire to punish the south,
as we'll as ndrew Johnson's social stand
ing, we're considerable factors in the prob
lem. 1t is fortunate for the nation that
neither side was able to claim compete
victory, and thus neither could impose
upon the nation all of it's desires. AS It
is, the legacy of that period is now one
Of the chief political troubles Of the
nation, for as yet no man knows just
what the fourteenth amendment actually
does mean.
Mr.. Lincoln held to the theory that the
states had no right to secede from the
urion, that they never had seeded and
that the war was, in fact, an Instruction.
Upon this doctrine he based his scheme OF
reconstruction, which was to permit any
state to ~re-establish itself as a member Of
the union when 10 per cent of its voting
population should declare loyalty and elect
representatives to congress. AS early as
1862, when the Issue of the war was in doubt
and before any steps were taken to free
the slaves, Mr.. Lincoln promulgated mis-
Louisiana Plan under which he recog.
nized a loyal state government in Louisiana
and under which two representatives
Flanders and Hahn, were elected to con-
gress. They were received and seated in
the house In the Thirty-seventh con-
gress.
Thad Stevens led the opposition to this
scheme and the Thirty-eighth congress de-
clined to receive representatives from Mr..
Lincoln's 10 per cent states" But the
issue was not pressed, pending the result
of the war. The Thirty eighth congress
expired by Limitation on March 9, 1865, a
little more than a month before Lee sur
rendered and the war was over. Lincoln
did not call a special session, and he was
proceeding with his plans for a restoration
of the southern states upon the basis of the
Louisiana plan when he was murdered.
Andrew Johnson became president of the
United States. Johnson had been a demo-
crat all his life. He had defied Jackson,
once, and had often manifested great indie
pendencc, but he was nevertheless a party
man. He had been placed on the ticket
with Lincoln as a war democrat. He was
also a southern man. When it became
apparent that the union would be victor
ious, johnson voiced some bitterly vIndlc-
tive threats against the leaders of the con-
federacy and was credited with a desire
to hang rebels to every tree. But later ne
manifested a natural love for his native
section, which was. whether the result OF
his social ambitions, or of his democratic
craftsmanship, none the less grateful to the
defeated followers otthe lost cause.
johnson. upon becoming president, lis.
tened to the counsel OF William H. Seward,
who remained at the head OF his cabinet,
and adopted the Lincoln plan of recon
struction. State governments were organ
lied and representatives and senators
elected. The franchise was limited by ex.
ecutive decree and only loyal white men
participated in the new governments John
son declined to call congress together, imi-
tating the example of Lincoln in 1863. BE.
fore congress met for its regular session
in December Johnson had completed the re-
organization of the southern states on the
general lines Of Lincoln's Louisiana
plan"
Congress met and refused to receive the
representatives OF the new state govern.
ments. Thaddeus Stevens offered a JONI
resolution providing for the appointment.
or a joint committee OF the two house,
OF congress to consider the question OF
reconstruction Of the states lately in re.
bellion. That was the beginning of tn,
longest debate in the annals OF congress
The result was that the Johnson plan OF
reconstruction was ignored, the south wa.
divided into five military districts anC
placed under control Of federal troops. anS
the nightmare OF reconstruction had b.,
gun for the south.
Johnson fought as best he could, but ar
overwhelming republican majority in botl