CHAPTER III

PRESIDENT JOHNSON'S PLAN OF RECONSTRUCTION AND HIS PROCEEDINGS IN

REALIZATION OF IT

The Character of Mr. Johnson--The Radical Nature of Johnson's First

Views on Reconstruction--The Retention of Lincoln's Cabinet by Mr.

Johnson and the Modification of Johnson's Views by Mr. Seward's

Arguments--Johnson's Amnesty Proclamation of May 29th, 1865--The

Excepted Classes--The Effect of these Exceptions--The President's

Plan--The Realization of it--The Administering of the

Oath--Reconstruction in North Carolina--The Identity of Johnson's Plan

with that of Lincoln--Reconstruction in Mississippi--Reconstruction in

Georgia--Reconstruction in Alabama, South Carolina and

Florida--Reconstruction in Virginia--Reconstruction in Louisiana,

Arkansas and Tennessee--The Constitutional Conventions of 1865--The

Form of the Work Done in these Conventions, and its Substance--The

Erection of "State" Governments and the Election of Members of

Congress--The Orders of the President Putting the Civil Government of

the United States into Operation Everywhere--The President's First

Annual Message.

[Sidenote: The character of Mr. Johnson.]

Mr. Johnson was a man who rose from very low estate through his own

efforts. He was a man of considerable intellectual power and of great

will power. He was somewhat vain of his success and somewhat piqued by

the social neglect which he had suffered at the hands of the "old

families." He was intensely loyal to the Union, and could regard

secession and rebellion only as treason. Having suffered so much for

his loyalty, he was somewhat moved by considerations of revenge. He was

profoundly stirred by {32} the assassination of Lincoln, and apparently

believed it to have been planned by those high in authority in the

Confederacy; and he was possessed with an intense desire to

re-establish the Union on an enduring foundation.

[Sidenote: The radical nature of Johnson's first views on

Reconstruction.]

With such a history behind him, and such a disposition impelling him,

it is not to be wondered at that his policy in regard to Reconstruction

should have been more stringent than that of Mr. Lincoln. In fact it

was feared, even by the more radical Republicans, such, for instance,

as Mr. Wade, that he would be bloody minded in the treatment of the

rebel chiefs. He had, before his accession to the Presidency, declared

so often, and so vehemently, that "traitors should be arrested, tried,

convicted and hanged," that most men were expecting the strict

application of the criminal law to the Confederate leaders.

[Sidenote: The retention of Lincoln's Cabinet by Mr. Johnson, and the

modification of Johnson's views by Mr. Seward's arguments.]

Mr. Johnson retained Lincoln's Cabinet, and among them the conciliatory

and persuasive Seward, who, in about six weeks from the night of the

assassination, at which time he himself was seriously wounded, returned

to his work in the State Department. There is no doubt that it was the

influence of Seward which modified the views and purposes of Mr.

Johnson. The compliant spirit manifested at this time by the

Confederate chiefs helped strongly in the same direction. By the 1st of

June, Seward had won Johnson completely for his plan of a rapid and

forgiving reconstruction by the Executive. Congress was not in session,

and the President was not inclined to call an extra session. The late

rebel chieftains were pressing for the political rehabilitation of

their section, and the President now fully believed that he had the

power to proceed with the problem of Reconstruction, and was inclined

to do so.

{33} [Sidenote: Johnson's Amnesty Proclamation of May 29, 1865.]

On the 29th of May, he issued his proclamation of amnesty and pardon to

all persons who, having engaged in rebellion, had failed to take the

benefits of Mr. Lincoln's proclamations of December 8, 1863, and March

26, 1864. To all such persons Mr. Johnson offered his pardon upon their

taking an oath of the following tenor: "I ---- do solemnly swear (or

affirm) in the presence of Almighty God, that I will henceforth

faithfully support, protect, and defend the Constitution of the United

States and the Union of the States thereunder, and that I will in like

manner abide by and faithfully support all laws and proclamations which

have been made during the existing rebellion with reference to the

emancipation of slaves. So help me God."

[Sidenote: The excepted classes.]

He, however, excepted the following classes of persons from the

benefits of the offer: 1st. Those who held or had held, under the

pretended Confederate Government, civil or diplomatic office or agency,

or military office above the rank of colonel in the army and lieutenant

in the navy, or military or naval office of any grade, if educated by

the United States Government in the Military Academy at West Point or

the United States Naval Academy; and all those who held, or had held,

the pretended office of Governor of a "State" in insurrection against

the United States;

2d. Those who had left seats in the Congress of the United States or

judicial stations under the United States to aid in the rebellion

against the United States, and those who had resigned or tendered

resignations of their commissions in the army or navy of the United

States to evade duty in resisting the rebellion;

3d. Those who had, in any way, treated persons found in the service of

the United States, in any capacity, otherwise than lawfully as

prisoners of war;

{34} 4th. Those who had been engaged in destroying the commerce of the

United States on the high seas, or upon the lakes and rivers separating

the British Provinces from the United States, or in making raids from

Canada into the United States;

5th. Those who were, or had been, absent from the United States, or had

left their homes within the jurisdiction of the United States, and

passed beyond the military lines of the United States into the

pretended Confederate States, for the purpose of aiding the rebellion;

6th. Those who, at the time they might seek to obtain the benefits of

the proclamation by taking the oath, were prisoners of war, or under

civil or criminal arrest, and those who had taken the oath of

allegiance to the United States since December 8, 1863, and had failed

to keep it;

And, finally, those who had voluntarily participated in any way in the

rebellion and were the owners of taxable property to the value of more

than twenty thousand dollars.

[Sidenote: The effect of these exceptions.]

These exceptions would have shut out almost all of the leading men of

most of the "States" that passed secession ordinances from the benefits

of the proclamation, except for the subsequent provision in the

proclamation, which ordained that special application might be made to

the President for pardon by any person belonging to the excepted

classes, and held out the promise that such clemency would be as

liberally extended as might be consistent with the facts of the case

and the peace and dignity of the United States.

[Sidenote: The President's plan in a sentence.]

Briefly, the President proposed to pardon the rebel leaders, upon

special personal application, as an act of high executive grace, and to

amnesty every one else in a body; and upon the basis of {35} their

re-established loyalty to use the old electorate of the South in

reconstruction. How he succeeded we will now proceed to relate.

[Sidenote: The realization of it.]

[Sidenote: The administering of the oath.]

In the first place, the machinery for administering the cleansing oath

was made very simple and accessible. Any commissioned officer, civil,

military or naval, of the United States, and any officer, civil or

military, of a loyal "State" qualified by the laws of the "State" to

administer oaths, was declared by the President, through his Secretary

of State, to be competent to administer this oath of loyalty, a copy of

which should be given to the person taking it as his certificate of

restored citizenship, and another copy sent to the State Department at

Washington to be there deposited and kept in the archives of the

Government.

[Sidenote: Reconstruction in North Carolina.]

In the second place, and by a second proclamation, issued on the same

day, May 29th, the President appointed a Provisional Governor for North

Carolina, and authorized and commanded him to cause the election of

delegates to, and their assembly in, a constitutional convention of the

"State" for the reconstruction of the "State," and its restoration to

its constitutional relations to the United States. The electorate to be

employed by the Provisional Governor should be those persons who were

qualified to vote by the laws of North Carolina in force immediately

before the 20th of May, 1861, and had taken the oath prescribed in the

first proclamation.

This second proclamation also commanded the heads of the departments of

the United States Government to put the laws of the United States into

operation in North Carolina, the United States judges to open the

United States courts and proceed to business, and the military officers

in the district to aid the Provisional {36} Governor in carrying the

duties assigned to him into effect, and to abstain from hindering,

impeding, or discouraging, in any manner, the organization of a "State"

government as authorized by the proclamation.

[Sidenote: The identity of Johnson's plan with that of Lincoln.]

It will thus be seen that Mr. Johnson's plan of Reconstruction was in

substance the same as that of Mr. Lincoln. It rested upon the theory of

the indestructibility of the "States," their perdurance as "States"

throughout the period of rebellion, the commission of treason and

rebellion by combinations of private persons, the right of the

Executive to withdraw his military powers and put his civil powers in

operation, whenever, in his judgment, the circumstances would warrant

him in so doing, and his authority to recognize the old electorates of

the "States" in which rebellion had existed as the respective

constituent bodies of the "States," upon such terms and under such

limitations as he might prescribe. He did not lay down any rule as to

the numerical proportion which the modified electorates should bear to

the old, in order to make their acts legitimate, as Mr. Lincoln did;

and he did declare in his second proclamation that the North Carolina

convention, when convened, or the legislature that might be thereafter

assembled, should prescribe the qualification of electors, and the

eligibility of persons to hold office under the constitution and laws

of the "State," which Mr. Lincoln did not do in his proclamation. But

there is no doubt that Mr. Lincoln would have indorsed this

proposition. He could not have avoided it, while holding the theory

that North Carolina was a "State" simply engaged in amending its

constitution, the theory which his own proclamation apparently set up.

In a word Johnson's policy and acts in reconstructing the "States" in

which secession ordinances had been passed, and rebellion committed,

were {37} but a continuation of those of Mr. Lincoln. If Lincoln was

right so was Johnson, and _vice versa_.

[Sidenote: Reconstruction in Mississippi, Georgia, Alabama, South

Carolina and Florida.]

On the 13th of June, the President issued a proclamation of like tenor

and containing similar orders for putting the laws of the United States

into operation, and for putting similar machinery in motion for

reconstruction, in Mississippi. He appointed William L. Sharkey

Provisional Governor therein. On the 17th of June, similar steps were

taken for the reconstruction of Georgia, with James Johnson as the

Provisional Governor; on the 21st of June for the reconstruction of

Alabama, with Lewis E. Parsons as Provisional Governor; on the 30th of

June for the reconstruction of South Carolina, with Benjamin F. Perry

as Provisional Governor; and on the 13th of July for the reconstruction

of Florida, with William Marvin as Provisional Governor.

[Sidenote: Reconstruction in Virginia.]

Already on May 9th, twenty days before the issue of his proclamation of

amnesty, the President had issued an executive order putting the laws

of the United States in operation in Virginia, and guaranteeing the

support of the United States Government to Governor Francis H. Pierpont

in all lawful measures for the extension and administration of the

"State" government throughout the geographical limits of Virginia. This

meant, of course, that the United States Government recognized the

shadowy loyal "State" government, which had kept up at least a show of

existence throughout the rebellion, as the true "State" government of

Virginia, and that Virginia did not need reconstruction, but only the

extension of the authority of this government throughout her

territorial limits. This was, also, a simple continuation of Mr.

Lincoln's policy, as we well know.

{38} [Sidenote: Reconstruction in Louisiana, Arkansas and Tennessee.]

Of course Mr. Johnson recognized the reconstruction of Louisiana,

Arkansas and Tennessee as effected by Mr. Lincoln; so that by

mid-summer of 1865 the reconstruction of all the "States" which had

passed secession ordinances, except only Texas, had been completed, or

had been put in course of completion.

[Sidenote: The constitutional conventions of 1865.]

During the summer, autumn and early winter of 1865, the Provisional

Governors of Mississippi, Alabama, South Carolina, North Carolina,

Georgia, and Florida ordered elections for the choosing of delegates to

constitutional conventions, upon the basis of the old suffrage laws of

the respective "States" once answering to these names, modified by the

requirements of the Presidential pardon, received after taking the oath

of allegiance; and these elections were held and these conventions

assembled.

[Sidenote: The form of the work done in these conventions, and its

substance.]

These bodies chose to do their work in the form of amendments to the

old constitutions of the "States," whose constituent powers they

assumed to hold, rather than in the form of new constitutions. Before

the meeting of Congress on the first Monday of December, they had all

passed ordinances, either repealing the secession ordinances of their

respective "States," or pronouncing them null and void; had all voted

amendments to the constitutions of their respective "States" abolishing

slavery; and all, except Mississippi and South Carolina, had passed

ordinances repudiating the debt incurred by their respective "States"

in aid of rebellion against the United States.

[Sidenote: The erection of "State" governments and the election of

Members of Congress.]

Before the meeting of Congress also, elections of the members of the

respective "State" legislatures and of "State" officers, and of the

members of the House of Representatives in Congress, had been held by

the {39} Provisional Governors, under the direction of the respective

conventions. And, finally, before the assembly of Congress, these

Legislatures had, with the exception of that of Florida, met,

organized, and elected United States Senators, and, with the exception

of those of Florida and Mississippi, had adopted the Thirteenth

Amendment to the Constitution. The legislature of Florida, not having

met and organized, had not at that date been able to consider the

Amendment. It met on December 18th and elected United States Senators,

and adopted the Thirteenth Amendment on the 28th. The legislature of

Mississippi, on the other hand, rejected the Thirteenth Amendment on

the 27th of November.

[Sidenote: The orders of the President putting the civil Government of

the United States into operation everywhere.]

During the same period, the President had by his several proclamations

and orders declared the cessation of armed resistance, the restoration

of intercourse throughout the country, and the raising of the blockade

and the opening of the ports, and had put the different branches of the

civil Government of the United States into operation in all the

"States" which had been the scene of the recent rebellion. He had not,

however, restored the privilege of the writ of Habeas Corpus in these

regions or in the District of Columbia, and he reserved the right to

have recourse to military control therein in case of necessity. The

Governors of South Carolina, Georgia, Mississippi and Florida under the

Confederacy had, in the spring of 1865, assumed to summon the

legislatures, chosen by these "States" while members, or pretended

members, of the Confederacy, to meet together for reconstruction

purposes. The President had, through his military officials, ignored

and prevented all such movements. No farther resistance to his plan of

Reconstruction had been attempted, but he saw {40} plainly that,

without the United States military power to sustain the new "State"

governments, there might be.

[Sidenote: The President's first annual Message.]

This was the situation when Congress met on the first Monday of

December, and received President Johnson's first annual Message. This

document contained a disquisition upon the political system of the

United States, as "an indissoluble union of indestructible States,"

with the natural conclusion that by attempting secession, the "States"

impaired, but did not extinguish, their vitality, suspended, but did

not destroy, their functions. It then proceeded with a narration of the

facts above stated, in which the President sought to establish, upon

the basis of his power to pardon and withdraw military rule, and to

guarantee a republican form of government to every "State," his

authority to reconstruct "State" government, or at any rate to permit

the pardoned citizens to do so under his direction.

Finally, this paper contained the official notice to Congress that the

President had admitted the reconstructed "States"--and that would mean

all that had passed the secession ordinance, except perhaps Texas,

whose convention did not assemble until March of 1866--to participate

in amending the Constitution of the United States. The President

concluded his narration and argumentation upon this all-important

subject in these words: "The amendment to the Constitution being

adopted, it will remain for the States whose powers have been so long

in abeyance to resume their places in the two branches of the National

Legislature, and thereby complete the work of restoration. Here it is

for you, fellow citizens of the Senate, and for you, fellow citizens of

the House of Representatives, to judge, each of you for yourselves, of

the elections, returns and qualifications of your own members."

{41} It is entirely evident from all this that the President denied the

power of the Houses of Congress, either separately or jointly, to

prevent the Senators and Representatives from the reconstructed

"States" from taking their seats upon any other grounds than defects in

the election and return, or in the personal qualifications, of the

particular persons under consideration.

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