The Congress which met in December, 1866, was the same body as in the previous winter; but the prolonged contest, the President's misbehavior, the South's rejection of the offered terms, and the popular verdict at the November election, had strengthened the hands of the Republicans and intensified their temper. Thaddeus Stevens brought in, February 6, 1867, a bill which was trenchant indeed. It superseded the governments of the ten unreconstructed States, divided their territory into five military districts, placed their commanders under the orders, not of the President, but of the general of the army, and suspended the habeas corpus. It was military rule in its barest form, and for an indefinite period. Blaine moved an amendment, specifying the terms on which the States might be released from this military control and restored to their normal status. But Stevens's despotic sway shut out the amendment and carried the bill through the House. In the Senate, Sherman successfully carried a substitute, much the same as the Blaine amendment. This went back to the House, where a majority of Republicans favored the change, but Stevens still opposed it, and had enough followers to make together with the Democrats a majority that threw out the whole measure. But success by such allies was undesired by the radicals and alarming to the moderate Republicans. There was reconsideration, minor concessions to Stevens, and the bill finally passed February 20, not at all as he had designed it, but in a form due either to Blaine or Sherman. It is singular that so important a measure should be of doubtful paternity. It seems more like a production of Sherman, who in constructive ability was far ahead of Blaine and of most of his congressional colleagues. In its substance it represents apparently the judgment and purpose of the great majority of the Republicans in Congress.
It is remarkable that so vital and momentous a law should have been enacted with so little discussion. It was hurried through, in order that its passage twelve days before the close of the session might prevent the President from "pocketing" it--letting it fail for want of his signature, without risking a veto. The debate, as Blaine reports it in his _Twenty Years of Congress_, seems to have been mainly for the scheme, and against the far more drastic proposal of Stevens and Boutwell,--in opposing which Blaine himself seems to have done service certainly as creditable as any in his checkered career. But the radical character of the bill as passed, its great advance on all earlier proposals, seems to have called forth hardly any challenge among the Republicans.