The Struggle between President Johnson and Congress over Reconstruction — A Reader’s Guide

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Authors: Chadsey, Charles E. (Charles Ernest), 1870-1930 Digital Source: Project Gutenberg Gutenberg Release Year: 2011 First Publication Year: Not confirmed

Key Word: United States -- Politics and government -- 1865-1869; Johnson, Andrew, 1808-1875 Target Reader: Readers of public-domain and historical texts

Book Edition: Project Gutenberg digital edition Book Language: en

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Reading time 200 min

Text sections 6

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Source: Project Gutenberg record #35668

Examines the constitutional and political conflict between President Andrew Johnson and Congress over Reconstruction, focusing on the evolution of theories, the New Orleans riot, and the impeachment crisis, based on a 1896 Columbia University study.

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CHAPTER I. THEORIES PRIOR TO THE CLOSE OF THE WAR.

2. Common Belief at Opening of Hostilities: The Crittenden Resolution 8

3. The Democratic Theory 10

4. Lincoln: The Development of his Theory 14

5. The Congressional Policy 18

CHAPTER II. JOHNSON'S THEORY: THE EXPERIMENT AND ITS RESULTS.

1. Conditions at Accession of Johnson 28

2. Lincoln _vs._ Johnson 28

3. Johnson's views before Accession 29

4. Speeches in the Spring after his Accession 30

5. Secret of his Attitude 32

6. Development of his Theory 34

7. Attitude towards Enfranchisement of the Negro 41

8. Legislative Action in the South 42

9. The Defense of the South 46

10. Effect of the Attitude of the South upon the North 47

CHAPTER III. ATTITUDE OF CONGRESS TOWARDS THE EXPERIMENT: DEVELOPMENT OF THE CONGRESSIONAL THEORY.

1. Attitude of Parties towards the Administration at Beginning of the Session 49

2. Opening Scenes in Congress 50

3. The Annual Message: Debate on Reconstruction 55

4. The Freedmen's Bureau 59

5. Johnson's Indiscreet Speeches in February, 1866 65

6. Civil Rights; Other Bills 68

7. Report of Committee on Reconstruction 73

8. Authorized Measures of First Session 80

CHAPTER IV. THE CAMPAIGN OF 1866.

1. Crisis in the Cabinet 87

2. The New Orleans Riots 88

3. Administration Conventions 91

4. Anti-Administration Conventions 98

5. The Fall Elections 103

6. Action on the XIV Amendment 104

CHAPTER V. THE CONGRESSIONAL THEORY FULLY DEVELOPED.

1. The Second Session Convenes; The Annual Message 107

2. First Reconstruction Bill 109

3. First Supplementary Bill 117

4. Second Supplementary Bill 122

5. State Conventions 124

6. Third Supplementary Bill 125

7. Ratification of Constitutions 125

8. Acts Re-admitting States to Representation in Congress 125

CHAPTER VI. THE IMPEACHMENT OF THE PRESIDENT.

1. Why Congress Wished to Impeach 127

2. What is an Impeachable Offense 128

3. The Opening Attack 129

4. The Work of the Judiciary Committee 131

5. The Attack Fails 132

6. The Limitation of Presidential Powers 133

7. The Tenure-of-Office Act 134

8. Struggle with Secretary Stanton 135

9. Articles of Impeachment 138

10. Attitude of Conservative Republicans 140

THE STRUGGLE BETWEEN PRESIDENT JOHNSON AND CONGRESS OVER RECONSTRUCTION.

THEORIES OF RECONSTRUCTION PRIOR TO THE CLOSE OF THE WAR.

1. The war of the rebellion afforded opportunity for the people of the United States to obtain a far clearer conception of the powers and limitations of the federal constitution than had previously been possible, and settled beyond possibility of further debate some of the most important questions which had arisen since its interpretation as an "instrument of evidence" had begun. Yet when General Johnston had surrendered his army on April 26, 1865, virtually bringing the war to a close, the country found that one great constitutional question, a question of the highest practical importance, still remained unsolved; and for several years the best energies of our statesmen were occupied with its solution. Eleven of the States had for four years been in armed insurrection, but now, through superior force, they lay helpless at the feet of the Union. Under these circumstances, what was their constitutional relation to the federal government?

Previous to the passage of the ordinance of secession by the convention of South Carolina in 1860, the nation never had been called upon to determine the status of a State which declared its relation to the federal government severed. Certainly if a State could establish its independence by war, the question, so far as such State was concerned, would have no significance; but as such a conclusion of the difficulty could not be considered for an instant, the status of the seceded State, both before and after the cessation of hostilities, immediately became an important subject of discussion. The gradual evolution of popular sentiment, from the belief that the dignity of a State should not be tampered with, to the belief that by an act of secession a State divested itself of all its rights and privileges as a State, and reverted to the condition of a Territory, forms an interesting chapter in the history of the unwritten constitution of the United States.

2. When the 37th Congress met on July 4, 1861, in pursuance of Lincoln's proclamation, the war had not been in progress long enough to show to the country the extreme gravity of the situation and the wideness of the gap which had arisen between the Southern States and the rest of the Union. The common belief was that unprincipled agitators, who represented only a small minority of the legal voters in the insurrectionary States, had obtained temporary control over the governments of these States, and were waging a war against the Union, in which they were unsupported by the majority; and that the latter would joyfully resume control of their governments as soon as the opportunity should be given them, which it was confidently believed would soon happen. That is, the war was to be carried on, not against the States which claimed to have seceded, but against a certain element of the Southern population.

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Charles E. Chadsey’s 1896 monograph, originally a Columbia University doctoral dissertation, dissects the constitutional and political clash between President Andrew Johnson and the Republican Congress over Reconstruction. Rather than a narrative history, the work systematically compares competing theories—Lincoln’s, Johnson’s, and Congress’s—and traces how each shaped policy. The excerpts reveal a study grounded in legislative records, speeches, and official documents, with a particular emphasis on the New Orleans riot of July 30, 1866, as a turning point. Chadsey’s analysis is notable for its detailed attention to the procedural maneuvers surrounding the Louisiana constitutional convention and the subsequent impeachment effort.

Theoretical Frameworks and Their Origins

Chadsey opens by charting the intellectual landscape before the war’s end, distinguishing three theories: the Democratic view of the Union as indissoluble but with states retaining inherent rights; Lincoln’s evolving position, which Chadsey treats as a pragmatic middle ground; and the Congressional policy, which asserted federal authority over reconstruction. The author traces Johnson’s theory through his pre-accession statements and early speeches, noting a shift from his earlier Unionist stance to a rigid states’-rights position. Crucially, Chadsey observes that Johnson’s opposition to negro suffrage was a consistent thread, and he links this to the administration’s tolerance of Southern legislative actions that curtailed freedmen’s rights. The study does not endorse any theory but presents them as competing frameworks that determined the course of events.

The New Orleans Riot as a Catalyst

The most vivid excerpt describes the July 30, 1866, riot in New Orleans, where a reconvened constitutional convention—aimed at enfranchising freedmen—was attacked by a mob, with police complicity. Chadsey reports that “nearly two hundred persons were found to have been killed or wounded,” the majority being black. He emphasizes that the city authorities not only failed to protect the convention but actively joined the assailants, and that legal steps targeted delegates while “the actual murderers were in no way molested.” The author argues that this event provided “ample proof of the inability of the South to maintain local government” and shifted Northern opinion against Johnson’s lenient policy. Chadsey also examines Johnson’s response, quoting his statement that “the military will be expected to sustain, and not to obstruct or interfere with the proceedings of the court,” which, while not directly endorsing violence, was perceived as sympathetic to the rioters.

Impeachment and the Limits of Presidential Power

The final chapter addresses the impeachment of Johnson, framing it as a logical extension of the struggle over reconstruction. Chadsey outlines the legal and political questions: what constitutes an impeachable offense, the role of the Tenure-of-Office Act, and the conflict over Secretary Stanton. He notes that the attack on Johnson began in the House Judiciary Committee but initially failed, only to succeed after Johnson’s attempt to remove Stanton. The author highlights the division among Republicans, with “Conservative Republicans” hesitant to convict. The study concludes by observing that the impeachment, though unsuccessful, effectively limited presidential discretion in reconstruction matters. Chadsey’s treatment is notably restrained, avoiding moral judgment and focusing on the procedural and constitutional dimensions.

Readers should note that Chadsey’s work is a product of its time—a late-19th-century academic study that treats the conflict as a constitutional crisis rather than a social one. The excerpts show little attention to the experiences of freedmen or the broader social impact of Reconstruction. The value of this text lies in its clear exposition of the legal and political arguments, making it a useful primary source for understanding how the struggle was framed by contemporaries and early scholars.

This guide’s account of a president isolated by his own convictions reminds me of sitting on my grandmother’s porch, thinking about old loyalties. That same quiet stubbornness filled Ulster’s Stand For Union, where principle outlasts friendship. Ulster's Stand For Union — Reading Companion felt less like politics and more like watching someone hold a door against the wind—until the floor gives way.