The Fortieth Congress

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The Seventh-day Adventist Publishing Association · Battle Creek, Mich. · Aug 14, 1868

FromReview and Herald, Vol. 32, No. 8.

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The Fortieth Congress.

The following brief but comprehensive synopsis of the doings of the Fortieth Congress, which has just closed its sessions, will be of interest to all our readers, especially to such as have not been able to devote much attention to national matters as they have been passing. We copy from the Methodist.
The Fortieth National Congress closed its second regular session last Monday, July 27th. A brief synopsisof the work performed by this Congress, principally in its efforts to reconstruct the civil governments of the Southern States, will present an encouraging view of the progress made in the last two years. The first regular session, which closed March 30th, 1867, was characterized chiefly by the passage of the Military and Sherman bill, forming the late rebel States into military districts, and consigning them to the care of district commanders until such time as each State should, by a vote of all loyal male citizens, without distinction of color, adopt a constitution in conformity with the laws of Congress. It was enacted that such constitution should be adopted by an affirmative vote of two-thirds of the registered voters of each State. This became a law by being passed over the President's veto, March 2d, 1867. On March 18th, a bill supplemental to this was passed, providing that the aggregate vote upon the question of calling conventions, and the adoption of the new constitutions, must, in each State, be equal to one-half of the registered voters, and that a majority of those voters should decide these questions.
Early in the year 1867 the Tenure of Office bill was passed. This bill provided that the President should make no removal of any officer previously appointed by him, and approved by the Senate. As at first passed by the Senate, Cabinet officers were excluded, but afterward they were included in the bill. This was passed over the President's veto, March 2d. It seemed when Congress adjourned, March 30th, that its work was well guarded; but June 12th, Attorney-General Stanberry delivered an opinion that the Southern Military bill conferred no jurisdiction upon military commanders except in case of riot or violence, and the President issued a circular order to district commanders to regulate their action by this opinion, and to interfere in no respect with the civil governments of the Southern States.
The order of President Johnson necessitated a special session of Congress, which met July 3d, 1867, and adjourned on the 19th. On the first day of the extra session, various bills, explaining, amplifying, and modifying the previous bill, were offered in both Houses. From these the Conference Committee prepared, and, on July 13th, reported, a bill declaring the authority of Congress to be paramount over the whole subject of reconstruction in the late rebel States, and also the authority of the commanders to be supreme in their districts in civil as well as in military affairs, subject only to the control of the commander-in-chief. This Supplemental bill was passed by both Houses, and on July 19th was again passed over the President's veto, after which Congress adjourned.
On November 21st, 1867, the second session was begun. During the vacation, General Sheridan, commanding in Louisiana and Texas, had been removed, and General Grant had been appointed Secretary of War ad interim in place of Secretary Stanton, removed by Presidential order. On November 25th, resolutions favoring and opposing the impeachment of President Johnson for high crimes and misdemeanors, were reported to the House by the Committee on Impeachment, and were made the order of the day for December 4th. The President's message was received December 3d, and evinced such a spirit of hostility to the measures and plans of Congress as called forth strong manifestations of disapproval in both Houses; but the impeachment project was, after a spirited debate, voted down December 8th, by a vote of 108 to 57.
In January of this year, Congress repealed the tax on cotton grown between April 1868 and April 1869, and removed the duty on imported cotton. The Senate, January 13th, declared Secretary Stanton to be still Secretary of War. Another Supplemental Reconstruction bill was passed January 21st, enlarging the powers of military commanders, and still more strongly guarding against interference by the President. On February 7th, a bill amending the Tenure of Office law passed the Senate, and subsequently the House. It requires all the special acts of departments to be sent to the Senate for confirmation. On February 26th, an amendatory reconstruction act was passed, allowing a majority of votes cast to decide all elections in the Southern States.
February 21st, the removal of Secretary Stanton by the President, was made known to the House, when it was resolved at once to present articles of impeachment against the President. The trial—the first of its kind in our national history—is fresh in the minds of all. On May 16th, a vote was taken on the eleventh article, and on the 26th, on the second and third articles—the vote on each resulting 35 to 19, being one vote short of a two-thirds majority. Recently, new articles of impeachment have been submitted to the House and referred to a Committee.
Arkansas, North and South Carolina, Georgia, Alabama, Florida, and Louisiana, have been restored to membership in the sisterhood of States, and, within their bounds, military law has given place to civil rule. Congress has decided that the fourteenth amendment to the Constitution has been adopted, having received ratification by twenty-nine of the thirty-seven States. A bill, continuing the Freedmen's Bureau until July 16th, 1869, has been passed.
In addition to these, a bill for funding the national debt; a national currency act; a bill reducing the tax on whisky from $2 to fifty cents, and providing for its better collection; a bill providing for the better protection of American citizens abroad; the confirmation of the treaty with Russia, by which we acquire possession of Alaska, and the ratification of a treaty with China through the Burlingame mission, are among the leading acts of the Fortieth Congress.