The Presidential Veto - 1865 - 1869 — Parks, Presidents and Parks

Andrew Johnson became President upon the assassination of President Lincoln. During his term, he fought with the Republican Congress over Reconstruction of the Union following the Civil War. The Republicans wanted to ensure Civil Rights for the newly freed enslaved peoples. Johnson disagreed. With the Republicans holding significant majorities in the Congress, they could override many of Johnson’s vetoes. As a result, President Johnson had the most vetoes overturned of any President, 15 out of 29 or over 50%. Here is a list of some of the significant vetoes.

Protecting Civil Rights and Granting Citizenship. Johnson objected that this law made citizens of these groups: “Chinese of the Pacific States, Indians subject to taxation, the people called gypsies, as well as the entire race designated as blacks, people of color. Negroes, mulattoes, and persons of African blood.” He questioned the ability of the newly freed slaves: “Can it be reasonably supposed that they possess the requisite qualifications to entitle them to all the privileges and immunities of citizens of the United States?” Fortunately, the Republican Congress overrode this veto, and a few years later, the 14th amendment enshrined these rights into our Constitution.
Establishment of a Freedman’s Bureau to assist the former slaves in transitioning to their new status (veto overridden)

Admitting Nebraska as a new State. Before the Civil War, the admission of new States to the Union was controversial due to disagreements over allowing slavery in those new states. With that issue resolved by the Civil War, you would think admitting new States would be simpler. But not under President Johnson. To become a State, citizens of the territory had to write a state constitution, then petition Congress for admission. In 1866 Nebraska did so. However, their constitution limited the vote to whites – “…the exercise of the elective franchise and the right to hold office are expressly limited to white citizens of the United States…” The Republican-controlled Congress rejected that clause and passed a bill admitting Nebraska, but “…[the admission] shall not take effect except upon the fundamental condition that within the State of Nebraska there shall be no denial of the elective franchise, or of any other right, to any person by reason of race or color…” Johnson vetoed the bill saying Congress had no right to impose this condition. Congress overrode the veto. Nebraska changed its state constitution to remove the whites only voting clause and became a state in 1867.
Admitting Colorado as a new State: Colorado’s statehood provides an interesting study in political cynicism. As the 1864 election approached, Lincoln and the Republicans were concerned about his re-election prospects. Statehood was rushed for Nevada, Nebraska, and Colorado to ensure electoral votes for Abraham Lincoln's reelection and add to the Republican congressional majorities. Only Nevada became a state during the War. Colorado voters rejected statehood at the time. According to some accounts, the voters rejected it to save on Federal taxes and avoid the Civil War draft. Both only applied to States. In any case, in 1867, Congress passed a bill admitting Colorado to the Union only if it allowed universal male suffrage. Johnson vetoed the law. His veto message focused on the residents’ opposition to statehood, and the small population of the territory at the time. Congress narrowly upheld Johnson’s veto. It took another 10 years, until 1876, for Colorado to become a state. Here is an interesting speculation – had Colorado become a state in 1867, might its two Senators have provided the necessary votes to remove Johnson during his 1868 impeachment? Perhaps unknowingly, Johnson saved his Presidency by this veto.
Granting Blacks the vote in Washington, DC. Congress overrode Johnson’s veto, and then the 15th Amendment to the Constitution gave all male citizens the right to vote.

Tenure of Office Act – This act, later ruled unconstitutional, stated that cabinet officers, appointed with the Senate’s ‘advice and consent’, could only be discharged with Senate approval. Congress overrode Johnson’s veto and later used this act to impeach Johnson when he fired a cabinet officer. Johnson survived impeachment by a single vote.
Reconstruction Acts – This was a series of laws that put the South under military control to protect Civil Rights. The acts also defined the conditions for the Confederate States to rejoin the Union. Conditions included writing a State Constitution that protected Civil Rights and approving the 14th Amendment guaranteeing citizenship and protection under the law. Again, the Republican Congress overrode Johnson's vetoes.
Re-admitting the Confederate states of North Carolina, South Carolina, Louisiana, Georgia, Alabama, Arkansas, and Florida into the Union. These bills, passed by the Republican congress, conditioned readmission on the states providing equal rights to all citizens. The vetoes were overridden, the states changed their constitutions to provide equal rights and re-joined the Union. Of course, later events were to show that those states ignored the equal rights provisions of their constitutions.

President Johnson’s Presidency provided the ‘perfect storm’ for vetoes. The President and the Congress were in fundamental disagreement over significant policy matters. The opposition party has a veto-proof majority in Congress. The result – frequent vetoes and veto overrides.

(Click for Part 1, Part 2, Part 4, Part 5, and Part 6 of this series)

(to be continued)