and said arrests, imprisonments, proceedings, and acts had been done under the previous express authority and direction of the Congress of the United States, and in pursuance of a law thereof previously enacted and expressly authorizing and directing the same to be done. And no civil court of the United States, or of any State, or of the District of Columbia, or of any district or territory of the United States, shall have or take jurisdiction of, or in any manner reverse any of the proceedings had or acts done as aforesaid, nor shall any person be held to answer in any of said courts for any act done or omitted to be done in pursuance or in aid of any of said proclamations or orders, or by authority or with the approval of the President within the period aforesaid, and respecting any of the matters aforesaid; and all officers and other persons in the service of the United States, or who acted in aid thereof, acting in the premises shall be held prima facie to have been authorized by the President; and all acts and parts of acts heretofore passed, inconsistent with the provisions of this act, are hereby repealed.
APPROVED, March 2, 1867.
March 2, 1867
SECTION 2 of the army appropriation act of March 2, 1867, virtually deprived the President, in certain cases, of the command of the army. The constitutionality of the provision was debated at some length, but an amendment offered in the Senate, February 26, by Reverdy Johnson of Maryland, to strike out the section was lost by a vote of 8 to 28, and other motions to the same effect failed of support. Sections 5 and 6 were added to the bill by the Senate. President Johnson approved the bill in order not to defeat the appropriations, but he entered his protest against the army provision. The section relating to the militia was repealed by acts of January 14 and March 3, 1869.
REFERENCES. -- Text in U.S. Statutes at Large, XIV, 486, 487. For the proceedings see the House and Senate Journals, 39th Cong., 2d Sess., and the Cong. Globe. The important discussion was in the Senate.