CHAPTER XXXI

RECONSTRUCTION: THE SECOND PLAN

Congress addressed itself, in the first instance, to extending and

prolonging that provision for the freedmen which it had already made

through the Freedmen's Bureau. A bill was reported, having the weighty

sanction of Senator Trumbull and the judiciary committee, greatly

increasing the force of officials under the Bureau; putting it under the

military administration of the President and so with the direct support

of the army; and broadening its functions to include the building of

school-houses and asylums for the freedmen, and a wide jurisdiction over

all civil and criminal cases in which local laws made an unjust

discrimination between the races. The bill passed the Senate and House,

by the full party majority. It was sent to the President, February 10,

1866, and nine days later he returned it with a veto message, calmly and

ably argued. He objected to the bill as a war measure after peace had

been proclaimed. He took exception to the intrusion of military

authority upon the sphere of the civil courts, and to the extension of

Federal authority in behalf of black men beyond what had ever been

exercised in behalf of white men. The message was strong enough to win a

few of the orthodox Republicans, including ex-Governor Morgan of New

York, and the two-thirds vote necessary to carry the bill over the veto

could not be gained.

Up to this time there seems reason to believe that while the Republicans

in Congress were firm in claiming for that body a decisive voice in

reconstruction, yet a majority of them were more favorable to the policy

of President Johnson than to that of Sumner and Stevens. But now, upon

the necessity of safeguarding the freedmen by exceptional measures in a

wholly exceptional time, the preponderance of conviction turned against

him in Congress and in the country. His own acts quickly converted that

first opposition into hostility and alarm.

Until now President Johnson, whatever dissent he might provoke, had

appeared as a dignified statesman. But three days after his veto, on

February 22--Washington's birthday--a cheering crowd called the

President to the balcony of the White House. They heard a speech,--how

different from what Lincoln had spoken in the same place in the previous

April. Johnson was exhilarated by his success, forgetful that he still

faced a hostile majority in Congress, exasperated by opposition, and

roused by the shouts of the crowd,--and his native passion and

coarseness came out. Sumner had been severe in his language; he had

likened President Johnson to President Pierce in the Kansas days, and

hinted a family resemblance to Pharaoh of Egypt. Wendell Phillips was in

his native element of denunciation. Now the President declared to his

applauding hearers that he had against him men as much opposed to the

fundamental principles of the government, and he believed as much

laboring to pervert or destroy them, as had been the leaders of the

rebellion,--Davis, Toombs, and their associates. To the responsive

cheers, and the cry for names, he answered by naming Stevens, Sumner and

Phillips. He rehearsed his rise from tailor to President, and declared

that a ground swell, an earthquake of popular support, was coming to

him. His speech brought surprise and dismay to the country. It fanned

into hot flame the opposition between President and Congress. In vain

did John Sherman,--who had conferred with the President in the summer,

and thought highly of his patriotism--now hold out the olive branch in

the Senate. A keen observer at Washington, Samuel Bowles,--who had held

a friendly attitude toward both the President and the party

leaders,--now wrote, February 26, "Distrust, suspicion, the conceit of

power, the infirmities of temper on both sides, have brought affairs to

the very verge of disorder and ruin." He dissuaded from taking sides in

the quarrel; there was too much right and too much wrong on both sides.

He urged, March 3,--and no doubt he represented the best sentiment of

the country: "The great point is to secure protection and justice for

the freedmen.... For the present the Freedmen's Bureau, military

occupancy, and United States courts, must be our reliance.... We want

the President firm and resolute on this point, and we want to arouse the

better class of the Southern people to do their duty in the same

regard."

The weakness of the veto message on the Freedmen's Bureau bill had been

the absence of any solicitude for the welfare of the freedmen;

constitutional theory seemed to wholly supersede the practical necessity

of the case. Now Congress again approached the matter in the Civil

Rights bill, carefully formulated in the judiciary committee, thoroughly

debated and amended, and passed by both houses late in March. It

affirmed United States citizenship for all persons born in the country

and not subject to any foreign power; it declared for all citizens an

equal right to make and enforce contracts, sue, give evidence, hold and

sell property, etc.; full equality as to security of person and

property, as to pains and penalties,--in short, complete civil equality.

Original jurisdiction was given to United States courts, and to these

could be transferred any case involving these subjects begun in a State

court. The bill empowered the President to use the army for its

enforcement. All this was under authority of the Thirteenth Amendment.

This, too, the President vetoed, as unnecessary, as employing the

military arm too freely, as extending unwisely the power of the Federal

Government, and as especially unwise legislation while eleven States out

of thirty-six were unrepresented in Congress. But the President was now

going in the face not only of the congressional majority but of the

North at large, which was unmistakably opposed to leaving the freedmen

with no protection against their old masters. The veto was overridden,

and became a law April 9. The Freedmen's Bureau bill, somewhat amended,

was again passed, this time over a veto, and became a law July 16.

It was after the decisive victory over the President on the Civil Rights

bill that Congress took up the comprehensive measure which embodied its

own plan of reconstruction as a substitute for the President's. That

measure was the Fourteenth Amendment. It was drawn up by the

reconstruction committee, of which Senator Fessenden was chairman, and

probably his was the leading part in framing its provisions. The first

proposition was only to make the basis of congressional representation

dependent on the extension or denial of suffrage to the freedmen. This

was proposed January 22, 1866, and after some weeks' discussion passed

the House but failed in the Senate. It was replaced by a broader

measure, which was reported April 30, debated and amended for six weeks,

and finally in mid-June took the form in which it now stands in the

Constitution, and was approved by Congress. It then went before the

States for their action, with a tacit but strong implication that upon

its acceptance and adoption the lately seceded States would be fully

restored. It was in effect the plan of reconstruction first offered by

Congress, as a substitute for the President's.

The first article of the amendment declares that all persons born or

naturalized in the United States are citizens of the United States, and

of the State wherein they reside; and that all are entitled to the equal

protection of the laws. Another section guarantees the validity of the

public debt, and forbids payment of the Confederate debt or payment for

the emancipation of slaves. Both these articles appear at this distance

of time to be beyond question or criticism. Another article apportions

representation in Congress, as heretofore, according to population; but

further provides that any State which denies the suffrage to any part of

its adult male population, except for rebellion or other crime, shall

have its congressional representation reduced in the same proportion. It

will be remembered that under the old Constitution the basis of

representation was fixed by adding to the total of the free population a

number equal to three-fifths of the slaves. Now that the slaves had

become freedmen, the representation of the old slave States would to

that extent be increased. But it seemed neither just nor expedient to

permit such an increase of power, unless the class on whose enumeration

it was based were made _bona fide_ citizens, and sharers in this power.

If under this amendment the Southern States should choose to give the

vote to the freedmen, their total representation in Congress would be

raised from sixty-one to seventy. If they did not give it, their

representation would fall to forty-five. There was thus offered them a

strong inducement to establish impartial suffrage; while yet they were

at full liberty to withhold it at the price of some diminution of power

compared with communities adopting the broader principle. The

reconstruction committee had listened to prominent Southerners as to the

probable reception of this provision. Stephens thought his people would

consider it less than their due and would not ratify it. But Lee thought

that Virginia would accept it, and then decide the question of suffrage

according to her preponderating interest; that at present she would

prefer the smaller representation, but would hold herself ready to

extend the suffrage if at any time the freedmen should show a capacity

to vote properly and understandingly.

So far, the Fourteenth Amendment seems now to embody a sound

statesmanship. But the remaining article must be judged by itself. It

excludes from all State and national offices all those, who, having

taken an official oath to support the Constitution, have afterward taken

part in insurrection and rebellion. This was ingeniously framed with an

appearance of justice, as if debarring from office only those who to

rebellion had added perjury. But, as a matter of ethics, the breaking of

official oaths is an inevitable incident of every revolution; and just

as war is held to suspend in a measure the command "thou shalt not

kill," so revolution must be held to cancel the obligation of official

oaths. The opposite view would affix the full guilt of perjury to many

leaders in the American Revolution, perhaps to Washington himself. It

was not really as perjurers that the excluded class were debarred from

office, but as prominent leaders in the rebellion, so marked by having

previously held office. It shut out, and was so intended, a class not

only very large in numbers but including the best intelligence and

social leadership of the South. To exclude these men from all political

leadership in the new régime was in flat defiance of that statesmanship,

as wise as magnanimous, which Andrew and Beecher had voiced. As one New

England observer put the matter, it would help matters greatly if no man

favored a government for others that he would not like to live under

himself; now how would it work in Massachusetts to exclude from the

government the whole Republican party? Yet the Democrats in the State

have ten times the knowledge, character and ability, that are possessed

in the South by the elements free from stain of rebellion.

The disqualification, to be sure, was removable in each case by a

two-thirds vote of Congress. But it could not be foreseen how Congress

would be disposed; and in fact, the President's pardon, so freely given,

had been by Congress expressly deprived of any political value; being

held to exempt only from legal pains and penalties. The new exclusion,

if adopted, could hardly work other than disastrously. And, being

offered, as the entire amendment necessarily was, for acceptance or

rejection by all the States, this provision was as well suited to repel

the South as if it had been designed for that purpose. It offended that

loyalty to their tried leaders in stress and storm which is one of the

best traits in a people's character. Compare it with Beecher's saying of

a few months earlier, "I think it to be the great need of this nation to

save the self-respect of the South." The difference measures the degree

of the mistake under which the mass of the North were still laboring.

They looked upon the rebellion as a moral and personal crime. They had

no comprehension of the Southern standpoint; and, sure that their own

cause was just, they believed that their opponents were not only

mistaken but morally guilty. As it was hardly possible to suppose the

8,000,000 to have all gone wrong out of individual perversity, the

current view at the North was that Secession sprang from a conspiracy;

that its leaders had secretly plotted, like Aaron Burr, and thus misled

their followers. The impulse to inflict death or imprisonment or

confiscation on anybody was infrequent or short-lived; the desire for

such punishment lingered only in an irrational wish for vengeance on

Jefferson Davis. But, if the leading class in the society and public

life of the South were morally responsible for a great treason and

rebellion, it might seem not only just but wise to exclude them from the

new political order.

The critics of the reconstruction policy are often challenged by its

defenders with the question, "But what better course can you suggest,

even now?" And the immense difficulty of the problem, even as calmly

viewed to-day by the closet student, may well make us charitable toward

the men who, for the most part, did the best they knew under the

immediate besetment of measureless perplexities and contradictions. But

while we may approve of their work in the rest of the Fourteenth

Amendment, with equal emphasis we may say: The mistake was great, in the

amendment and later, of shutting out the very men who should have been

included. Better by far would it have been to take their counsel and

co-operation even beforehand in planning the work of reconstruction.

Even as to that crucial point, the legislation oppressive to the

freedmen, and the deeper difficulty underlying it, the ingrained

Southern attitude toward the negro as an inferior being,--even as to

this, something might have been accomplished had the Southern men, who

went to Washington in the vain hope of immediate admission to Congress,

been met by a President of Lincoln's or Andrew's calibre. Even as it

was, there were signs of promise in Georgia,--so says Rhodes in his

excellent _History of the United States_. The newly elected Governor,

Judge Jenkins, a man of "universally acknowledged probity and

uprightness of character" made in his inaugural address (December 14,

1865) a strong plea for the negroes who had so faithfully cared for the

lands and homes and families of the soldiers in the field: "As the

governing class individually and collectively we owe them unbounded

kindness and thorough protection.... Their rights of person and

property should be made perfectly secure." To like effect spoke

Alexander H. Stephens, revered by all Georgians, February 22, 1866;

recalling the fidelity of the slaves during the war and the debt of

gratitude it created; the obligation of honor to the poor, untutored,

uninformed; asking for the negroes ample and full protection, with

equality before the law as to all rights of person, liberty and

property. And such equality the Georgia Legislature speedily ordained.

Tennessee did the like. Rhodes expresses confidence that by gentle

pressure from the President and Congress, Virginia, North Carolina and

Alabama could have been persuaded to similar legislation within a twelve

month, and the other States would have followed.

The excluding article in the amendment was probably made as a concession

by the moderate Republicans to the radicals. It replaced an article

originally reported by the committee, excluding not only from office but

from the suffrage all who had taken part in the Rebellion, until July 4,

1870. The article as adopted was disliked by Sherman and Wilson, the

latter especially declaring his willingness to remove the

disqualifications as soon as possible after a settlement had been made.

In point of fact they were removed piecemeal by Congress almost as

freely as President Johnson had done the like, and were ended except for

a few hundred by a sweeping amnesty in 1872.

Grant said to A. H. Stephens in April, 1866, "The true policy should be

to make friends of enemies." If these men, with a few others of like

temper in North and South, could have settled the terms of the new

order, a different foundation might have been laid. But in default of

any such happy, unlikely conjuncture of the right men in the right

place, it is the deep and wide tides of public opinion that largely

shape events. The average Southern view of the negro, and the average

Northern view of the "rebel," were the Scylla and Charybdis between

which the ship of state steered its troubled voyage.

Returning now to the course of events,--Congress made it plain that the

acceptance of the Fourteenth Amendment would bring the restoration of

the South, not by a formal declaration, but by its action in promptly

admitting Tennessee when within a month it ratified the amendment. So

before the South and the country were now the two policies,--of Congress

and the President,--and the summer and autumn saw a general and eager

discussion. The South waited events, hoping for the President's success.

In the North there was at first a marked effort to rally conservative

men of both parties to his side. A great convention was held at

Philadelphia, promoted by the President, Seward, Weed and Henry J.

Raymond; with delegates from every State; the first day's procession led

by Massachusetts and South Carolina representatives arm-in-arm; Southern

governors and judges heartily assenting to the declaration that not only

is slavery dead, but nobody wants it revived; and with cordial

indorsement of the President's reconstruction policy.

There was a counter-convention at Pittsburg; there were "soldiers' and

sailors' conventions" on both sides. From the Cabinet three members,

Speed, Denison and Harlan, resigned because their convictions were with

Congress; but Stanton remained as Secretary of War, though he was now a

bitter opponent of the President,--a safeguard over the army, as the

radical leaders considered him, and by his attitude and natural temper a

constant exasperation to his nominal chief. A fierce and bloody riot in

New Orleans, of which the precise causes were obscure, but in which the

negroes were the sufferers, heightened the Northern anxiety as to the

general situation.

The popular tide evidently ran with Congress, yet Johnson had the

promise of very respectable support until he threw it away. His

extempore expressions suggested an overweening view of his own position.

To the committee reporting to him the Philadelphia convention, he said,

"We have seen hanging upon the verge of the government, as it were, a

body called, or which assumes to be, the Congress of the United

States--but in fact a Congress of only a part of the States." In

September he made a tour of the Northern States, taking in his train

Secretaries Seward and Welles, with Grant and Farragut;--"swinging round

the circle," he called his trip. He made addresses in the principal

cities, in which he denounced his opponents, sometimes with vulgar

abuse, bragged of his own rise from tailor to President, and bandied

words with the mob. He shamed many of the men of character--Beecher

among them--who had viewed him with favor. The tide turned

overwhelmingly against him. The November election returned a Congress

consisting in the House of 143 Republicans to 49 Democrats, with a

Senate of 42 Republicans to 11 Democrats.

It was like the hand of Nemesis that the South, led to crushing defeat

by its slave-holding aristocracy, should now have its interests

sacrificed through the characteristic faults of one of its poor

whites,--his virtues overborne by his narrow judgment, uncontrolled

temper and coarse speech.

Warned by the election, the South might well have accepted the

Fourteenth Amendment as the price of its restoration. But it failed to

read the handwriting on the wall. It could not yet brook acquiescence in

the exclusion of its old leaders, and the alternative of negro suffrage

or reduced power in Congress. The pride of race, the unquenched spirit

of the "lost cause," prompted it to stand out for better terms. During

the autumn and winter of 1866-7 the lately seceded States, except

Tennessee, rejected the amendment. So failed the first congressional

plan of reconstruction, as the President's earlier plan had failed. And

now there was small hesitation or delay in framing and enforcing the

final plan.

The Negro and the Nation A History of American Slavery and Enfranchisement · 第 31 / 40 章