CHAPTER III.

Mr. Johnson continued his public receptions, his interviews

and his speeches for nearly a month after his accession to the

Presidency--until indeed, in the judgment of his most anxious and most

cautious friends, he had talked too much. All were agreed that the

time had now come when he must do something. He evidently sought to

impress the country with the belief that his Administration was to be

marked by a policy of extraordinary vigor, that the standard of

loyalty was to be held high, that the leaders of the Rebellion were

to be dealt with in a spirit of stern justice. His position gave

satisfaction to those who thought the chief conspirators against the

Union could not be punished too severely; but it led to uneasiness

among the anti-slavery philanthropists, lest, in wreaking vengeance

upon white traitors, the President might leave the loyal negroes

unprotected in their newly acquired civil rights.

On the 10th of May the President issued a proclamation declaring

substantially that actual hostilities had ceased, and that "armed

resistance to the authority of the Government in the insurrectionary

States may be regarded as at an end." This great fact being officially

recognized, the President found himself face to face with the momentous

duty of bringing the eleven States of the Confederacy into active and

harmonious relations with the Government of the Union. He had reached

the point where he must take the first step in the serious task of

Reconstruction, and the country awaited it with profound interest. He

had in other official stations given distinct intimations of the

conditions which he considered essential to the restoration of a rebel

State to its place in the Union, but in the numerous speeches he had

delivered since his accession to the Presidency he had studiously

avoided a repetition of his former position, and had with equal care

refrained from a public committal to any specific line of action.

The manner in which the insurrectionary States should be dealt with at

the close of hostilities had been the object of solicitous inquiry

throughout the war. It was indeed often a question of angry

disputation in Congress, in the press, and among the people. The

tentative and somewhat speculative efforts in this field, which had

been made or at least encouraged by Mr. Lincoln, had confused rather

than solved the problem, and yet his action could not fail to exert an

embarrassing and possibly a decisive influence upon the course of his

successor. Difficult as it might have proved to Mr. Lincoln himself to

go forward on the line he had marked out, it would obviously prove far

more difficult to Mr. Johnson to maintain the same policy with the

inevitable result of renewing the conflict with Congress which Mr.

Lincoln had only allayed and postponed--not removed. A brief review of

what Mr. Lincoln had done in the field of Reconstruction will give a

more accurate knowledge of President Johnson's policy, which afterwards

became the subject of prolonged and bitter controversy. Mr. Lincoln

had naturally been anxious from the beginning of the war to re-establish

civil government in any and every one of the Confederate States where

actual resistance should cease. A military autocracy controlling people

who were engaged in the ordinary avocations of life was altogether

contrary to his views of expediency, altogether repugnant to his

conceptions of right.

At the end of the first year of the war (April, 1862) the rebel

fortifications on the Lower Mississippi and the city of New Orleans

surrendered to the guns of Farragut, and not long afterwards a

movement was made to re-establish in Louisiana a civil government that

would be loyal to the Union. The first step was the election on the

third of December, 1862, of Benjamin F. Flanders and Michael Hahn, old

citizens of Louisiana, as Representatives in Congress.

On the 9th of February, 1863, when the Thirty-seventh Congress was

drawing to its close, Messrs. Flanders and Hahn were admitted to their

seats, though not without contention and misgiving. They had been

chosen at an election ordered by the military governor of Louisiana

(General George F. Shepley), and their credentials bore the signature

of that official. General Shepley had undoubtedly been permitted, if

not specifically authorized, by the National Administration to take

this step; though it was afterwards perceived by all friends of the

Union to be useless if not mischievous, and its repetition for the

ensuing Congress was seriously opposed. On the 21st of November--only

a fortnight before the election ordered by General Shepley--Mr. Lincoln

addressed him a note which in effect was a warning that Federal

officers, not citizens of Louisiana, must not be chosen to represent

the State in Congress. "We do not," said the President, referring to

the South, "particularly need members of Congress from those States to

enable us to get along with legislation here. What we do want is the

conclusive evidence that respectable citizens of Louisiana are willing

to be members of Congress and to swear support to the Constitution, and

that other respectable citizens are willing to vote for them and send

them. To send a parcel of Northern men here as representatives,

elected as would be understood (and perhaps really so) at the point of

the bayonet, would be disgraceful and outrageous."

Previous to this instruction to Governor Shepley, Mr. Lincoln had been

in correspondence with Cuthbert Bullett, Esq., a Southern gentleman,

who enjoyed his personal regard and confidence. In a letter to Mr.

Bullett of July 28, 1862, the President reviewed some of the

impracticable methods of re-establishing civil authority desired by

certain citizens of Louisiana who were very anxious to prevent any

interference with property in slaves. Mr. Thomas Durant was the

spokesman for this large class of men who professed anxiety for the

fate of the Union but were unwilling to do any thing to aid in saving

it. Mr. Lincoln's letter is very characteristic. He says, "Mr. Durant

speaks of no duty, apparently thinks of none resting upon Southern

Union men. He even thinks it injurious to the Union cause that they

should be restrained in trade and passage without taking sides. They

are to touch neither a sail nor a pump, live merely as passengers

('dead-heads' at that) to be carried snug and dry throughout the storm

and safely landed right side up. Nay, more, even a mutineer is to go

untouched, lest these sacred passengers receive an accidental wound.

Of course the Rebellion will never be suppressed in Louisiana if the

professed Union men there will neither help to do it nor permit the

Government to do it without their help. . . . What would _you_ do in my

position? Would you drop the war where it is, or would you prosecute

it in the future with elder-stalk squirts charged with rose-water?

Would you deal lighter blows rather than heavier ones? Would you give

up the contest leaving every available means unapplied? I am in no

boastful mood: I shall not do more than I can, but I _shall_ do _all_

I can to save the Government, which is my sworn duty as well as my

personal inclination. I shall do nothing in malice. What I deal with

is too vast for malicious dealing."

The pressure of these political events in Louisiana had increased Mr.

Lincoln's desire to attempt some form of reconstruction, and the

admission of Messrs. Flanders and Hahn to seats in the House of

Representatives had to a certain degree misled him as to the temper and

tendency of Congress on the whole subject of re-establishing civil

government in the insurrectionary States. During the year 1862, when

the original movements were made in Louisiana, the military situation

grew so critical and so discouraging that the Administration had no

time for the consideration of any other subject than the raising of men

and money. But in 1863 the Government was incalculably strengthened by

General Meade's victory at Gettysburg and by the opening of the

Mississippi River to navigation in consequence of General Grant's

capture of the rebel stronghold of Vicksburg. The latter event

practically destroyed the military power of the Rebellion on the

western side of the Mississippi, and opened, as Mr. Lincoln hoped, a

great opportunity for the formation of State governments loyal to the

Union and able to aid effectively in the overthrow of the Rebellion.

To this end the President proposed a definite plan of reconstruction in

his message of December 8, 1863, sent to the Thirty-eighth Congress at

its first session. He accompanied the message with a public

proclamation which more fully embodied his conception of the

necessities of the situation and the duties of the loyal people.

According to the message of the President "the constitutional

obligation to guarantee to every State in the Union a Republican form

of government and to protect the State in such cases is explicit and

full. . . . This section of the Constitution contemplates a case

wherein the elements within a State favorable to Republican government

in the Union may be too feeble for an opposite and hostile element

external to or even within the State, and such are precisely the cases

with which we now are dealing. An attempt to guarantee and protect a

revived State government constructed in whole or in preponderating

part from the very element against whose hostility and violence it is

to be protected is simply absurd. There must be a test by which to

separate the opposing elements so as to build only from the sound, and

that test is a sufficiently liberal one which accepts as sound whoever

will make a sworn recantation of his former unsoundness."

In his proclamation the President made known that "to all persons who

have directly or by implication participated in the existing rebellion

except as herein after excepted, a full pardon is hereby granted with

restoration of all rights of property except as to slaves, upon

condition that every such person shall take and subscribe an oath, and

thenceforward maintain said oath inviolate," to the following effect:

viz., to "henceforth faithfully support and defend the Constitution and

the Union of the States thereunder," and to abide by all laws and

proclamations "made during the existing rebellion, having reference to

slaves, so long and so far as not modified or declared void by

decision of the Supreme Court." Those excepted from the benefits of

the pardon were first the civil and diplomatic officers of the

Confederate Government; second, those who left judicial stations in

the United-States Government to aid the rebellion; third, military

officers of the Confederacy above the rank of colonel, and naval

officers above the rank of lieutenant; fourth, all who left seats in

the Congress of the United States to aid the rebellion; fifth, all

who left the National Army or Navy to aid the rebellion; sixth, all

who had treated colored persons found in the military or naval service

of the United States otherwise than as prisoners of war.

The President was willing to intrust the task of establishing State

governments to a population whose loyalty to the Union should be tested

by taking the prescribed oath, _provided_ that the population should be

sufficiently numerous to cast a vote one-tenth as large as that cast at

the Presidential election of 1860. A government thus established, the

President declared, "shall be recognized as the true government of the

State, and the State shall receive thereunder the benefits of the

constitutional provision which declares that the United States shall

guarantee to each State a Republican form of government." At the same

time the President was careful to affirm that "whether members sent to

Congress from any State shall be admitted to seats constitutionally

rests exclusively with the respective Houses, and not to any extent

with the Executive."

The Union men in Louisiana had been so encouraged by the admission of

Flanders and Hahn to seats in Congress, that they were active in the

year 1863 in maturing schemes for re-establishing a loyal State

government. But the decisive step was not taken until the opening of

the ensuing hear. On the 8th of January, 1864, a large Free-State

Convention was held in New Orleans, which proved to be in harmony with

the National Administration at all points, accepting the emancipation

policy of the President as the basis of all their action. General

Banks, then in command of the military district, at once issued a

proclamation as requested by the convention, appointing an election for

State officers on the 22d of February--the officers chosen, to be

installed on the 4th of March. Michael Hahn was elected governor as

the especial representative of the President's firm yet cautious and

moderate policy. B. F. Flanders and C. Roselius were the opposing

candidates, the former representing a more radical the latter a more

conservative policy than the President was willing to accept.

Mr. Hahn was duly installed in office on the 4th of March, and on the

15th the President issued an order declaring the new governor to be

"invested until further orders with the powers exercised hitherto by

the military governor of Louisiana." In a personal note to Governor

Hahn at the same time the President said, "I congratulate you on having

fixed your name in history as the first Free-State Governor of

Louisiana. Now you are about to have a convention which among other

things will probably define the elective franchise. I barely suggest

for your private consideration whether some of the colored people may

not be let in, as for instance the very intelligent and especially

those who have fought gallantly in our ranks. They would probably help

in some trying time in the future to keep the jewel of Liberty in the

family of Freedom." The form of the closing expression, quite unusual

in Mr. Lincoln's compact style, may have been pleonastic, but his

meaning was one of deep and almost prophetic significance. It was

perhaps the earliest proposition from any authentic source to endow

the negro with the right of suffrage, and was an indirect but most

effective answer to those who subsequently attempted to use Mr.

Lincoln's name in support of policies which his intimate friends

instinctively knew would be abhorrent to his unerring sense of justice.

The scheme of reconstruction in Louisiana was completed by the

assembling of a convention to form a constitution for the State. The

convention was organized early in April, and its most important act

was the prompt incorporation of an anti-slavery clause in the organic

law. By a vote of seventy to sixteen the convention declared slavery

to be forever abolished in the State. The constitution was adopted

by the people on the fifth day of the ensuing September by a vote of

6,836 in its favor to 1,566 against it. As the total vote of Louisiana

at the Presidential election of 1860 was 50,510, the new State

government had obviously fulfilled the requirement of the President's

proclamation in demonstrating that it was sustained by more than

one-tenth of that number. The President's scheme had therefore so far

succeeded that Louisiana was at least in form under a loyal government.

It was, however, a government that could not sustain itself for a day

if the military support of the Nation should be withdrawn, and therein

lay the weakness of the President's plan.

The action of Louisiana was accompanied, indeed in some parts preceded,

by a similar action in Arkansas. A loyal governor (Isaac Murphy) was

elected, an anti-slavery constitution adopted, a government duly

installed over the State, and senators and representatives in Congress

were elected in due form. These successive steps were taken in the

early spring of 1864. But when the senators, Messrs. Fishback and

Baxter, presented themselves for admission to the body to which they

were thus chosen, it was found that Congress was not in sympathy with

what was derisively termed the "short-hand" method of reconstruction

proposed in Mr. Lincoln's proclamation. Mr. Sumner, when the

credentials were presented, offered a resolution declaring that "a

State pretending to secede from the Union, and battling against the

General Government to maintain that position, must be regarded as a

rebel State subject to military occupation and without representation

on this floor until it has been re-admitted by a vote of both Houses of

Congress; and the Senate will decline to entertain any such application

from any such rebel State until after such a vote of both Houses."

Mr. Sumner's resolution embodied a radical and absolute dissent from

the President's scheme of reconstruction. The Senate, however, was

not quite ready for so emphatic a declaration, and the resolution was

referred with the credentials to the Judiciary Committee. A few weeks

alter, on the 27th June (1864), the committee made a report covering

substantially the ground of Mr. Sumner's resolution. By a vote of

twenty-seven to six the State declared that "the rebellion is not so

far suppressed in Arkansas as to entitle that State to representation

in Congress, and therefore Messrs. Fishback and Baxter are not entitled

to admission as senators." Similar action was taken in the House--the

representatives not being allowed to take seats.

The conflict between the President and Congress on the subject of

reconstruction was made still more apparent by the further action of

each. After the Arkansas case had been disposed of, Congress passed a

bill embodying its own views of the proper process of reconstruction.

By this measure it was directed that the President should appoint a

provisional governor for each of the States declared to be in

rebellion; that said governor should, as soon as military resistance

to the United States ceased, make an enrolment of the white male

citizens, submitting to each an oath to support the Constitution. If a

majority of the citizens should take and subscribe the oath, the

governor was to order an election of delegates to a constitutional

convention.

It was made the duty of the convention as its initial proceeding to

declare on behalf of the people of the State their submission to the

Constitution of the United States, and to incorporate in their own

organic law three fundamental provisions: First, No one who has held

any office under the Confederate Government except civil offices merely

ministerial, or military office below the rank of colonel, shall vote

for or be a member of the Legislature, or shall vote for or be elected

governor. Second, Involuntary servitude shall be forever prohibited,

and the freedom of all persons in the State guaranteed. Third, No

debt, State or Confederate, created in aid of the rebellion shall ever

be paid. In the event of a constitution being framed with these

provisions inserted, and then adopted by a majority of the popular vote

as already enrolled, the governor shall certify that fact to the

President, and thereupon the President, _after obtaining the assent of

Congress_, shall recognize the State government so established as a

legitimate and constitutional government competent to elect senators

and representatives in Congress and electors of President and

Vice-President.

This bill was passed on the last day of the session, July 4, 1864. It

was commonly regarded as a rebuke to the course of the President in

proceeding with the grave and momentous task of reconstruction without

waiting the action or invoking the counsel of Congress. Some of the

more radical members of both Houses considered the action of the

President as beyond his constitutional power, and they were very

positive and peremptory in condemning it. But Mr. Lincoln, with his

habitual caution and wise foresight, had specially avoided any form of

guaranty, or even suggestion to the States whose reconstruction he was

countenancing and aiding, that their senators and representatives would

be admitted to seats in Congress. Admission to membership he took care

to advise them was a discretion lodged solely in the respective Houses.

What he had done was in his own judgment clearly within his power as

Commander-in-Chief of the Armies of the Union, and was thus obviously

and solely an Executive act.

Mr. Lincoln was not therefore in the humor to be rebuked by Congress.

Though the least pretentious of men, he had an abounding self-respect

and a full appreciation of the dignity and power of his office. He had

given careful study to the duties, the responsibilities, and the

limitations of the respective departments of the Government, and he was

not willing that his judgment should be revised or his course censured,

however indirectly, by a co-ordinate branch of the Government. He

therefore declined to sign the bill. He did not veto it but let it

quietly die. Four days after the session had closed, he issued a

proclamation in which he treated the bill merely as the expression of

an opinion by Congress as to the plan of Reconstruction--"which plan,"

he remarked, "it is thought fit to lay before the people for their

consideration."

The President further stated in his proclamation that he had "already

propounded one plan of restoration," and that he was "unprepared by a

formal approval of this bill to be inflexibly committed to any single

plan of restoration," and also "unprepared to declare that the Free-State

constitutions and governments already adopted and installed in

Louisiana and Arkansas shall be set aside and held for naught, thereby

repelling and discouraging the loyal citizens who have set up the same

as to further effort;" and also "unprepared to declare a constitutional

competency in Congress to abolish slavery in the States"--though

"sincerely hoping at the same time that a constitutional amendment

abolishing slavery in all the States might be adopted." While with

these objections Mr. Lincoln could not approve the bill, he concluded

his proclamation in these words: "Nevertheless I am fully satisfied

with the plan of restoration contained in this bill as one very proper

for the loyal people of any State choosing to adopt it, and I am and at

all times shall be prepared to give executive aid and assistance to any

such people so soon as the military resistance to the United States

shall have been suppressed in any such State and the people thereof

shall have sufficiently returned to their obedience to the Constitution

and Laws of the United States--in which cases military governors will

be appointed with directions to proceed according to the bill."

It must be frankly admitted that Mr. Lincoln's course was in some of

its aspects extraordinary. It met with almost unanimous dissent on

the part of Republican members of Congress, and violent opposition

from the more radical members of both Houses. If Congress had been in

session at the time, a very rancorous hostility would have been

developed against the President. Fortunately the senators and

representatives had returned to their States and districts before the

proclamation was issued, and they found the people united and

enthusiastic in Mr. Lincoln's support. No contest was raised,

therefore, by the great majority of those who had sustained the bill

which the President had refused to approve. The pending struggle for

the Presidency demanded harmony, and by common consent agitation on the

question was abandoned. Two of the ablest, most fearless, most

resolute men then in public life--Senator Wade of Ohio, and

Representative Henry Winter Davis of Maryland--were exceptions to the

general rule of acquiescence. They were respectively the chairmen in

Senate and House of the "Committees on the Rebellious States," and were

primarily and especially responsible for the bill which the President

criticized in his proclamation. They united over their own signatures

in a public "Protest" against the action of Mr. Lincoln. The paper was

prepared by Mr. Davis, which of itself was guaranty that it would be

able, caustic, and unqualified. Mr. Wade was known to be a man of

extraordinary courage, both physical and moral. To these qualities Mr.

Davis added a highly cultivated mind and a style of writing which in

political controversy has rarely been surpassed--a style at once

severe, effective, and popular.

The "Protest" embodied a sharp contrast between the President's plan of

Reconstruction in his proclamation of December 8 (1863), and that

contained in the bill presented by Congress for his approval. "The

bill," said Messrs. Wade and Davis, "requires a majority of the voters

to establish a State government, the proclamation is satisfied with

one-tenth; the bill requires one oath, the proclamation another; the

bill ascertains voters by registering, the proclamation by guess; the

bill exacts adherence to existing territorial limits, the proclamation

admits of others; the bill governs the rebel States _by law_ equalizing

all before it, the proclamation commits them to the lawless discretion

of military governors and provost marshals; the bill forbids electors

for President (in the rebel States), the proclamation with the defeat

of the bill threatens us with civil war for the exclusion of such votes."

The criticisms of the President's course closed with the language of

stern admonition if not indeed of absolute menace. The act of the

President was denounced as "rash and fatal," and as "a blow at the

friends of the Administration, at the rights of humanity, and at the

principles of Republican government." The President was warned that

the support of the Republican party was "of a cause and not of a man,"

that the "authority of Congress is paramount and must be respected,"

that the "whole body of Union men of Congress will not submit to be

impeached by him or rash and unconstitutional legislation," that he

must "confine himself to his Executive duties--to obey and execute,

not make the laws;" that he "must suppress armed rebellion by arms

and leave political re-organization to Congress."

No political result followed the publication of this remarkable paper

save that it probably defeated the renomination of Mr. Davis for

Congress. The Democrats were of course hostile to it in spirit and in

letter, and the leading Republicans saw in it the seeds of a

controversy between the President and Congress which might rapidly grow

into dangerous proportions. The very strength of the paper was, by

one of the paradoxes that frequently recur in public affairs, its

special weakness. It was so powerful an arraignment of the President

that of necessity it rallied his friends to his support with

that intense form of energy which springs from the instinct of

self-preservation. It was at once seen and profoundly realized by

the great majority of the loyal people that even if the President had

fallen into an error, no result could possibly flow from adhering to it

that would prove half so perilous to the Union cause as would

dissension and division in the ranks of those who were relied upon to

keep the Government in the control of an Administration, devoted heart

and soul to the preservation of the Union. It was, they thought, safer

to follow Mr. Lincoln who had all the power in his hands than to follow

Messrs. Wade and Davis who had no power in their hands.

When Congress convened in December (1864), Mr. Lincoln, who had

meanwhile been re-elected to the Presidency, studiously refrained from

any reference in his annual message to the controversy over his

proclamation. With the intuitive sagacity and caution which never

failed him, he did not touch upon the question of reconstruction. He

had foreseen that the unhappy differences with which the close of the

previous session of Congress had been marked might be renewed, and

thence lead the party into warring factions if he should again attempt

to urge his own views. This was undoubtedly a disappointment to those

who had regarded the controversy with the President as only postponed

till the assembling of Congress, and who were impatiently awaiting its

renewal. The assumed views of the President were antagonized later in

the session by the passage of a joint resolution "declaring certain

States not entitled to representation in the electoral college." This

was done to cut off the electoral votes (should any such votes be

returned) of Louisiana and Arkansas, satirically referred to by the

opponents of the Administration policy as Mr. Lincoln's "ten per cent

States"--in allusion to the permission given to one-tenth of the

population to organize a State government.

The passage of this joint resolution, to which great importance was

attached by the critics of the President, was met by Mr. Lincoln in a

spirit and with a tact which deprived its authors of all sense of

triumph. In a brief special message (February 8, 1865) the President

declared that he had "signed the joint resolution in defence to the

view of Congress implied in its passage and presentation." In his own

view, however, the two Houses of Congress, convened under the twelfth

article of the Constitution, "have complete power to exclude from

counting all electoral votes deemed by them to be illegal, and it is

not competent for the Executive to defeat or obstruct the power by a

veto, as would be the case if his action were at all essential to the

matter." The President further informed Congress that "he disclaims

all right on the part of the Executive to interfere in any way in the

matter of canvassing or counting the electoral votes, and he also

disclaims that by signing said resolution he has expressed any opinion

of the recitals of the preamble or any judgement of his own upon the

subject of the resolution."

The message was indeed throughout a sarcastic reflection upon the

action of Congress. It was as if the President had said, "You have

passed a resolution making certain declarations which nobody

controverts: you have claimed certain powers which nobody denies.

If I should sign your resolution without explanation, it might imply

my right to veto it, and thereby take from you your undoubted

Constitutional power. You are really guilty of weakening your own

prerogatives under the Constitution by asking me to assent to their

existence. If you intended your resolution as a reflection on my

policy of reconstruction, you might have spared yourself the trouble,

for that policy never contemplated the slightest violation of the

rights and prerogatives of Congress." The message throughout was

a singularly apt illustration of that keen perception and abounding

common sense which made Mr. Lincoln so formidable an antagonist in

every controversy political and official in which he became involved.

His triumph was complete both in the estimation of Congress and of the

people.

Mr. Lincoln really adhered with unexpected tenacity to the plan of

reconstruction which he had attempted, and which, putting aside the

opprobrious names applied to it, was called by himself "The Louisiana

Plan." He had stubbornly maintained his ground against the almost

unanimous protest of Republican senators and representatives, and he

justified himself by elaborate argument. He had been much influenced

by the representations made by General Banks who was commander of the

Military District, and much impressed by the perfect faith in its

success entertained by leading men of the State. In the last speech

he ever made (April 11, 1865), referring to the twelve thousand men

who had organized the Louisiana Government, the President said, "If we

now reject and spurn them, we do our utmost to disorganize and disperse

them. We say to the white man, you are worthless or worse. We will

neither help you nor be helped by you. To the black man we say, this

cup of liberty which these, your old masters, hold to your lips, we

will dash from you, and leave you to the chances of gathering the

spilled and scattered contents in some vague and undefined when and

where and how. If this course, discouraging and paralyzing to both

white and black, has any tendency to bring Louisiana into proper

practical relations with the Union, I have so far been unable to

perceive it. If, on the contrary, they recognize and sustain the new

government of Louisiana, the converse of all this is made true. We

encourage the hearts and nerve the arms of twelve thousand men to

adhere to their work and argue for it, and proselyte for it, and fight

for it, and grow it, and ripen it to a complete success. The colored

man too, in seeing all united for him, is inspired with vigilance and

with energy and daring to the same end. Grant that he desired the

elective franchise. He will yet attain it sooner by saving the already

advanced steps towards it than by running backward over them. Concede

that the new government of Louisiana is only to what it should be as

the egg is to the fowl, we shall sooner have the fowl by hatching the

egg than by smashing it."

Mr. Lincoln described also at some length the process by which he had

been induced to try the Louisiana plan. Like all his conclusions it

was reached after much consultation and serious reflection. He was

conscientiously convinced that, all things considered, it was the

promptest and most feasible process of re-establishing civil government

in the insurrectionary States. Mr. Lincoln was especially anxious that

neither the ruling power nor the conquered rebels should be needless

procrastination become accustomed to military government--a form of

administration which he regarded as very tempting, but very sure to

undermine, and in time to destroy, the real spirit of independence and

self-government. It was his belief, as he expressed it himself, that

"We must begin with and mold from disorganized and discordant elements,

nor is it a small additional embarrassment that we, the loyal people,

differ among ourselves as to the mode, manner, and measure of

reconstruction. As a general rule I abstain from reading the reports

of attacks upon myself, wishing not to be provoked by that to which I

cannot properly make answer. In spite of this precaution, however, it

comes to my knowledge that I am much censured for some supposed agency

in setting up and seeking to sustain the new State Government of

Louisiana. In this I have done just so much and no more than the

public knows." He then gave somewhat full details of the successive

steps he had taken in his attempt at reconstruction,--steps already

detailed with precision in this chapter. After completing his recital

he stated with entire frankness that he had done nothing else. "Such,"

said he, "has been my only agency in setting up the Louisiana

Government." He was thus explicit because certain members of Congress,

in the excitement caused by the hostility to the President's plan, had

been rash enough to insinuate that the President had a secret

understanding with certain rebels, who, as soon as the President's hand

was withdrawn, would turn the control of the State over to the

unrepentant Democracy who had been so active in precipitating the war.

Concluding his remarks to an audience loath to leave and eager to hear

every word from lips which seemed then to be those of an oracle, Mr.

Lincoln dwelt with great seriousness, even with solemnity, upon this

subject which now wholly engrossed his mind. The contest of arms was

over, but the President realized that the great pressure of duty which

had been weighing him down was not removed by the coming of peace. Its

character was changed, its exactions were perhaps less urgent, but

withal he felt that the war would have been in vain unless, in exchange

for all its agonies and all its burdens, there should come to the

institutions of the country some great reforms, and to the people a new

baptism of patriotic interest and philanthropic duty. He dwelt with

deep solicitude on the situation in the rebellious States, and, unable

to speak as fully as he desired, and with evident emotion, "It may be

my duty to make some new announcement to the people of the South. I am

considering, and shall not fail to act when satisfied that action will

be proper."

The "new announcement" to the South was never made. Three days after

it was promised, Mr. Lincoln met his fate. What changes might have

been wrought if he had lived to make the promised exposition can only

be surmised. It may be well believed however that the confidence

reposed in him universally in the North, and the respect he had as

universally won in the South, would have given such commanding power to

his counsel as would have seriously influenced, if not promptly

directed, the mode of reconstruction. Mr. Lincoln's position when he

spoke his closing words was very different from that which he held

when Senator Wade and Henry Winter Davis ventured upon a controversy

with him the preceding summer--boldly assailing his measures and

challenging his judgment. He was at that time a candidate for

re-election, undergoing harsh criticism and held rigidly accountable for

the prolongation of the war. Now he stood triumphant in every public

relation--chosen by an almost unprecedented vote to his second term,

the rebellion conquered, the Union firmly re-established! Never since

Washington's exalted position at the close of the Revolution, or his

still more elevated station when he entered upon the Presidency, has

there been a man in the United States of so great personal power and

influence as Mr. Lincoln then wielded.

It was perhaps not unnatural that from the day of Mr. Lincoln's death,

his views as to the proper mode of reconstruction should become a

subject of warm dispute between the partisans of different theories;

yet no controversy could be less profitable for the single reason that

it was absolutely incapable of settlement. Beyond his experiment with

the "Louisiana plan" Mr. Lincoln had never given the slightest

indication either by word or deed as to the specific course he would

adopt in the rehabilitation of the insurrectionary States. His

characteristic anecdote of the young preacher who was exhorted "not to

cross 'Big Muddy' until he reached it" was a perfect illustration of

the painstaking, watchful habit in which he dealt with all public

questions. He invariably declined to anticipate an issue or settle a

question before it came to him in its natural, logical order.

Louisiana was wholly in the possession of the Union troops in 1862-3,

and presented a question that to his view had ripened for decision.

Hence his prompt and definite procedure in that State. Severely

challenged for what his accusers deemed a blunder, Mr. Lincoln defended

himself with fair and full statements of fact, and was apparently

justified in adopting the policy he had chosen. He had fortified his

own judgment, as he frankly declared, "by submitting the Louisiana plan

in advance to every member of the Cabinet, and every member approved

it." His "promise was out," he said, to sustain this policy, but "bad

promises," he significantly added, "are better broken than kept, and I

shall treat this as a bad promise and break it whenever I shall be

convinced that keeping it is adverse to the public interest."

It is apparent therefore that Mr. Lincoln had no fixed plan for the

reconstruction of the States. Pertinently questioned on the subject

by one whose personal relations entitled him to unreserved confidence,

the President answered by one of his homely and apt illustrations:

"The pilots on our Western rivers steer from _point to point_ as they

call it--setting the course of the boat no farther than they can see;

and that is all I propose to myself in this great problem." This

position was practically re-affirmed in the speech, already copiously

quoted. "So great peculiarities pertain to each State, and such

important and sudden changes occur in the same State, and withal so

new and so unprecedented is the whole case, that no exclusive and

inflexible plan can safely be prescribed in details and collaterals.

Such exclusive and inflexible plan would only become a new

entanglement." Such was the latitude of judgment which the President

reserved to himself, such the liberty of action which he deemed

essential to the complex problem, for whose solution there was no

prescribed rule, no established precedent. On all questions of

expediency the President maintained not only the right but the

frequent necessity of change. "Principle alone," said he, "must be

inflexible."

Encouraged by the result of the controversy, if it may be so termed,

between the President and Congress as to the mode of reconstruction,

Andrew Johnson determined to re-organize the government of his State.

Though Vice-President he was still discharging the functions of

military governor of Tennessee. A popular convention, originating

from his recommendation and assembling under his auspices, was

organized at Nashville on the ninth day of January, 1865. Membership

of the body was limited to those who "give an active support to the

Union cause, who have never voluntarily borne arms against the

Government, who have never voluntarily given aid and comfort to the

enemy." The manifest purpose, indeed the proclaimed intention, was to

re-organize the State, so as to bring all its powers distinctly and

unreservedly under the control of that small minority of the population

which had remained loyal to the Government of the Union. The preamble

which prefaced their action cited the Declaration of Rights in the

constitution of Tennessee to the effect that "all power is inherent in

the people, and the people have an inalienable right to alter, reform,

to abolish the Government in such manner as they may think proper."

This was followed by a declaration which might well be viewed as a _non

sequitur_. "Therefore," said the convention, "_a portion of the

citizens_ of the State of Tennessee and of the United States of America

in convention assembled do propound the following amendments to the

Constitution, which when ratified by the sovereign, loyal people shall

be and constitute a part of the permanent constitution of the State of

Tennessee."

It was very easy by strict logic to state grave objections to this mode

of procedure. It was easy to say that "a portion of the people" did

not constitute "the people" in the sense in which the phrase was used

in the constitution of Tennessee. It was easy to charge that the

proposed mode of proceeding embodied all the heresy of the Dorr

Rebellion of Rhode Island in 1842-43, which had fallen under the

animadversion of every department of the United States Government. But

in answer to such objections, Governor Johnson, and those who co-operated

with him, could urge that the objections and cavilings of all critics

seemed to ignore the controlling fact that they were acting in

a time of war, and were pursuing the only course by which the power of

civil government in Tennessee could be brought to the aid of the

military power of the National Government. Tennessee, as Johnson

bluntly maintained, could only be organized and controlled as a State

in the Union by that portion of her citizens who acknowledged their

allegiance to the Government of the Union.

Under this theory of procedure the popular convention proposed an

amendment to the State constitution "forever abolishing and prohibiting

slavery in the State," and further declaring that "the Legislature

shall make no law recognizing the right of property in man." The

convention took several other important steps, annulling in whole and

in detail all the legislation which under Confederate rule had made

the State a guilty participant in the rebellion. Thus was swept away

the ordinance of Secession, and the State debt created in aid of the

war against the Union. All these proceedings were submitted to a

popular vote on the 22d of February, and were ratified by an

affirmative vote of 25,293 against a negative vote of 48. The total

vote of the State at the Presidential election of 1860 was 145,333.

Mr. Lincoln's requirement of one-tenth of that number was abundantly

complied with by the vote on the questions submitted to the popular

decision. Small as was the ratio of avowed Union men at the time, Mr.

Johnson argued with much confidence that Tennessee, freed from

coercion, would adhere to the Union by a large majority of her total

vote. His faith was based on the fact that when the plain and direct

question of Union or Disunion was submitted to the people in the winter

of 1860-61, the vote for the former was 91,813, and for the latter only

24,749.

Under this new order of things, William G. Brownlow, better known to

the world by his _soubriquet_ of "Parson" Brownlow, was chosen

governor without opposition on the fourth day of March, 1865, the day

of Mr. Lincoln's second inauguration. The new Legislature met at

Nashville a month later, on the 3d of April, and on the 5th ratified

the Thirteenth Amendment; thus adding the abolition of slavery by

National authority to that already decreed by the State. The

Legislature completed its work by electing two consistent Union men,

David T. Patterson and Joseph S. Fowler, to the United-States Senate.

The framework of the new Government was thus completed and in operation

before the death of Mr. Lincoln. It had not received the recognition

and approval of the National Government in any specific or direct

manner. But Andrew Johnson was inaugurated as Vice-President on the

4th of March, and the only form of government left in Tennessee was

that of which Brownlow was the acknowledged head. The crucial test

would come when the senators and representatives, elected under the

Brownlow government, should apply for their seats in Congress.

The course pursued in Tennessee afforded a significant index to Mr.

Johnson's conception of what was deemed necessary to prepare a State

that had been in rebellion, for its full rehabilitation as a member

of the Federal Union. His position was rendered still more pronounced

and positive by his declarations in the remarkable speech delivered by

him when he took the oath of office as Vice-President: "Before I

conclude this brief Inaugural address in the presence of this audience,

. . . I desire to proclaim that Tennessee, whose representative I have

been, is free. She has bent the tyrant's rod, she has broken the yoke

of slavery, she stands to-day redeemed. She waited not for the

exercise of power by Congress; it was her own act; and she is now as

loyal, Mr. Attorney-General, as the State from which you come. It is

the doctrine of the Federal Constitution that no State can go out of

this Union. Thank God, Tennessee has never been out of the Union!

It is true the operations of her government were for a time

interrupted; there was an interregnum; but she is in the Union, and I

am her representative. This day (March 4, 1865) she elects her

Governor and her Legislature, which will be convened on the first

Monday of April, and her senators and representatives will soon mingle

with those of her sister States; and who shall gainsay it, for the

Constitution provides that to every State shall be guaranteed a

Republican form of government."

The very positive declaration by Mr. Johnson that "Tennessee has never

been out of the Union" indicated the side he would take in a pending

controversy which was waxing warm between the disputants. Whether the

act of Secession was void _ab initio_ and really left the State still

a member of the Union, or whether it did, however wrongfully, carry the

State out of the Union as claimed by those engaged in the Rebellion,

was one of the purely abstract political questions concerning which men

will argue without ceasing,--reaching no conclusion because there is

no conclusion to be reached. Both propositions were at the time

affirmed and denied with all the earnestness, indeed with all the

temper, which distinguished the mediæval theologians upon points of

doctrine once regarded as essential to salvation, but the very meaning

of which is scarcely comprehended by modern ecclesiastics. With his

mental acumen and with his never-failing common sense, Mr. Lincoln

declined to take part in the discussion. In his last public speech he

treated this question with admirable perspicuity, and with his wonted

felicity of homely illustration: "I have been shown what is supposed

to be an able letter," said he, "in which the writer expresses regret

that my mind has not seemed to be definitely fixed upon the question

whether the seceded States, so called, are in the Union or out of it.

. . . It would perhaps add astonishment to his regret to learn that as

it appears to me, that question has not been and is not a practically

material one, and that any discussion of it could have no effect other

than the mischievous one of dividing friends. As yet, whatever it may

become, the question is bad as the basis of a controversy--a merely

pernicious abstraction. We all agree that the seceded States, so

called, are out of their proper practical relation with the Union, and

that the sole object of the Government is to get them back into their

proper practical relation. I believe it is easier to do this without

deciding or even considering whether those States have ever been out of

the Union. The States finding themselves once more at home, it would

seem immaterial to me to inquire whether they had ever been abroad."

The essential difference between the upholders and the opponents of

this theory was not shown in the practical treatment proposed for the

States which had been in rebellion. It was in truth a difference only

in degree. The stoutest defenders of the dogma that the States had

not been out of the Union did not propose to permit the re-organization

of their local governments except upon conditions prescribed by the

National authority, and did not assert the rightfulness of their

claims to representation in the Senate and House until the prescribed

conditions were complied with. Those who protested against the dogma

did not assert the right to keep the States out of the Union, but only

claimed an unrestricted power to exact as the prerequisite of

re-admission such conditions as might be deemed essential to the public

safety--especially such as would most surely prevent another rebellion

against National authority. The two schools in short marked the

dividing line between the radical and the conservative. Perhaps

another feature might still more clearly indicate the difference

between the two. The conservatives thought the process of

reconstruction could be accomplished under the sole authority and

direction of the Executive Department of the Government, while the

radicals held it to be a matter for the exclusive determination of

Congress, affirming that the President's right of intervention was

limited to approval or veto of the bills which Congress should send to

him, and to the execution of all laws which should be constitutionally

enacted.

An extra session of Congress seemed specially desirable at the time,

and had one been summoned by the President, many of the troubles

which subsequently resulted might have been averted. The propriety

of ordering an earlier assemblage of the Thirty-ninth Congress than

that already provided by the Constitution had been discussed to a

very considerable extent among the members of the Thirty-eighth, as its

final adjournment (March 3, 1865) approached. The rebellion seemed

tottering to its fall, and it was the belief of many of the leading men

both of the Senate and the House, that it might be a special advantage

if Congress should be in session when the final surrender of the

Confederate forces should be made. But the prevailing opinion was in

favor of leaving the matter to Mr. Lincoln's discretion. It was felt

by the members that if the situation should demand the presence of

Congress, Mr. Lincoln would promptly issue his proclamation, and if the

situation should not demand it, the presence of Congress might prove

hurtful, and would certainly not be helpful. The calamity of Mr.

Lincoln's death had never entered into the public mind, and therefore

no provision was made with any view of its remotest possibility.

Mr. Johnson, however, is scarcely to be blamed for not calling an extra

session of Congress. Aside from his confidence in his own power to

deal with the problems before him, he shared, no doubt, in the general

dislike which Presidents in recent years have shown for extra sessions.

Indeed, to the Executive Department of the Government, Congress, even

in its regular sessions, is a guest whose coming is not welcomed with

half the heartiness with which its departure is speeded. But an

extra session, especially at the beginning of an Administration, is

looked upon with almost superstitious aversion, and is always to be

avoided if possible. It was remembered that all the woes of the

elder Adams' Administration, all the intrigues which the choleric

President fancied that Hamilton was carrying on against him in

connection with our French difficulties, had their origin in the extra

session of May, 1797. It was remembered also that the unpopularity

which attached to the Presidency of Mr. Madison was connected with the

two extra sessions which his timid Administration was perhaps too ready

to assemble. So deeply was the hostility to extra sessions implanted

in the minds of political leaders by the misfortunes of Adams and

Madison that another was not called for a quarter of a century. In

September, 1837, Mr. Van Buren inaugurated the ill-fortune of his

Administration by assembling Congress three months in advance of its

regular session. John Tyler in turn never recovered from the

dissensions and disasters of the extra session of May, 1841,--though it

was precipitated upon him by a call issued by President Harrison. All

those extra sessions except the one in Mr. Van Buren's Administration

had been held in May, and even in his case the proclamation summoning

Congress was issued in May. No wonder, therefore, that ill-luck came

to be associated with that month. When the necessity of assembling

Congress was forced upon Mr. Lincoln by the firing on Sumter, Mr.

Seward warned him that in any event he must not have the session begin

in May. It must be confessed therefore that the precedents were

sufficiently alarming to influence Mr. Johnson against an extra

session. Nor was there any popular demand for it because the

President's policy had not as yet portended trouble or strife in the

ranks of the Republican party.

Twenty Years of Congress, Volume 2 From Lincoln to Garfield, with a Review of the Events Which Led to the Political Revolution of 1860 · 第 3 / 30 章