The great liberality with which, beginning with the following month, the President used the pardoning power, and the extreme leniency with which all the leaders were treated, were in striking contrast with these sentiments. A situation was presented for Johnson to meet as President, which necessitated modifications of views held by him as governor. His attitude towards the leaders must be admitted to have undergone actual modification, notwithstanding his claim a few months later that he simply wished to make the leaders sue for pardon and realize the enormity of their offence.

5. The real secret of the apparently strange development of his policy, which we are about to trace out, lies in the fact that although at this time nominally a Republican, he was in reality a strict constructionist. He had always been a Democrat, and still held Democratic views. Only when secession began to be urged by the southern branch of the Democracy, did he break loose from his old ties. Accustomed to interpret the Constitution from a strict constructionist standpoint, accustomed to the belief that the power of the State was restricted only by the specific limitations of the Constitution, and that the federal government could exercise no power beyond that expressly granted it, he naturally treated the question of reconstruction from the same standpoint. The surprising thing in Johnson's career is the fact that in spite of his strict construction views, he was strongly opposed to secession. He was therefore not strictly logical. The extreme strict constructionist claimed that the fact that the Constitution did not forbid a State from seceding, made secession constitutional. But Johnson's love for the Union was too great to permit him to carry his strict construction views to such an extreme. On the contrary, the fact that the Constitution offered no way for a State to secede from the Union proved to him that secession was unconstitutional, and he looked upon that fact as one of the greatest safeguards for the protection of the Commonwealth.[44] To his mind it logically followed that because secession was unconstitutional, it was absolutely impossible for a State to secede, and therefore equally impossible for a State to commit treason. Individuals might commit treason and be punished therefor, but States never. However strongly at any time he may have urged the punishment of traitors, he never argued for or believed in the abrogation of any of the State's privileges. His reputation for belief in severity was based entirely upon severity on individuals. "Make treason odious" was his favorite expression, but always used in a concrete sense.[45]

The Struggle between President Johnson and Congress over Reconstruction — Part 16