CHAPTER VI

THE CONGRESSIONAL PLAN (_Continued_)

The Reports of the Committee on Reconstruction--The Idea of a New

Electorate as the Basis and Condition of Reconstruction--The Freedmen's

Bureau Act of July 16th, 1866--The Disaffection in the Cabinet--The New

Orleans Riot--The Issue of Reconstruction in the Campaign of 1866--The

Congressional Election of 1866--The President's Final Proclamation

Declaring the Civil War Ended--The October Elections--The President's

Message of December 3d, 1866--Rejection of the Proposed Fourteenth

Amendment by the Legislatures of the Reconstructed "States."

[Sidenote: The reports of the Committee on Reconstruction.]

Two days after the transmission of the Fourteenth Amendment to the

"State" legislatures, the Joint Committee of Congress on Reconstruction

made its final report, or rather reports, since there were two of them,

one being signed by all the Republican members of the Committee, and

the other by all the Democratic members.

[Sidenote: The majority report.]

The majority report was an able defence of the view, that by rebellion

and attempted secession the eleven "States" in which these things

happened had lost their "Statehood" and had become disorganized

communities, but that while they could and had destroyed "State"

government, and placed themselves outside of the Union so far as

exercising the powers and privileges of "State" local government was

concerned, they could not, and had not, escaped the obligations of the

Constitution and the authority of the {85} central Government. The

exact language of the report on this point was: "The Constitution, it

will be observed, does not act upon States, as such, but upon the

people; while, therefore, the people cannot escape its authority, the

States may, through the act of their people, cease to exist in an

organized form, and thus dissolve their political relations with the

United States." The doctrine is here more clearly expressed than in

other places, but even here there is a confusing modification contained

in the words "in an organized form." It would have been much clearer if

they had been entirely omitted. The framers of the report were

evidently haunted by that spectre of an abstract, unorganized "State,"

which has played such havoc with good sense in some of the subsequent

decisions of the Supreme Court, and which is nothing more than a

Platonic idea.

Based upon this doctrine, the majority report naturally vindicated the

exclusive right of Congress in the work of Reconstruction, which work

was virtually the admission of new "States" into the Union. It,

furthermore, demonstrated that the situation in these disorganized

sections was one largely of exhausted disloyalty only, and that all

that the inhabitants of them had done under the President's

Reconstruction policy was directed toward putting the same men in power

who had led in the rebellion and toward denying civil, to say nothing

of political, rights to the freedmen.

And its final conclusion was, "that Congress would not be justified in

admitting such communities to a participation in the government of the

country without first providing such constitutional or other guarantees

as would tend to secure the civil rights of all citizens of the

Republic; a just equality of representation; protection against claims

founded in rebellion and crime; a temporary restoration of the right of

suffrage to those {86} who have not actively participated in the

efforts to destroy the Union and overthrow the Government; and the

exclusion from positions of public trust of at least a portion of those

whose crimes have proved them to be the enemies of the Union, and

unworthy of public confidence."

As we have seen, the proposed Fourteenth Article of Amendment had

provided for all of these things, except the direct conferring of

suffrage on anybody. With this exception, it had gone even further, in

its provision declaratory of citizenship, and in its protection of the

public debt of the Union.

[Sidenote: The minority report.]

The report of the minority, that is of the three Democrats, was written

by Mr. Reverdy Johnson, of Maryland. It was, as a lawyer's brief, an

able presentation of the view that a "State" of the Union can never

become anything else than a "State," no matter what may be the

character, deeds, attempts or disposition of the people who inhabit it,

and is at all times entitled to the same powers, rights and privileges,

under the Constitution of the United States. It was, however, the

veriest dry bones of legal reasoning, the veriest sophistry of juristic

abstraction. There was no political science in it, no common sense in

it, and it ended with an unfortunate and irritating defence of

President Johnson's personal loyalty, which had not been in the

slightest degree impugned by the majority.

[Sidenote: The idea of a new electorate as the basis and condition of

Reconstruction.]

The majority report indicated, at least, that Congress might require

something more than adoption of the Fourteenth Amendment by the

communities lately in rebellion before they would be recognized as

having been restored to their proper relations in the Union as

"States," and entitled to representation in Congress. At the moment,

however, it is probable that a prompt adoption of {87} the proposed

Amendment by any of the reconstructed legislatures would have been

followed by a joint resolution on the part of Congress similar to that

enacted in the case of Tennessee. There is no doubt that many of the

more radical members of Congress had been long considering the question

of creating an entirely new electorate in the South as the only proper

basis for reconstruction, and that some of the conservatives, from

being opponents of this idea at the beginning of the year, had, by the

middle of it, begun, at least, to waver. To those who could read the

signs of the times correctly, it was manifest that a rejection of the

proposed Fourteenth Amendment by these communities would lead Congress

forward upon that line. The President ought to have understood this,

when Mr. Raymond voted for the proposed Amendment in the House. He

ought to have done all in his power to influence the reconstructed

communities to adopt the proposed Amendment, no matter whether the

submission of it to them by the Secretary of State of the United States

logically involved their recognition as "States" of the Union by the

Administration at Washington, or not. They were not in a position to

exact the precise conclusion of a logical process in their favor,

especially as it was based on a fallacious premise, and the President

did both himself and them a great wrong in not discouraging them from

so doing.

[Sidenote: The Freedmen's Bureau Act of July 16th, 1866.]

A few weeks later Congress scored another victory over the President,

one which did much toward wiping out the defeats of February 19th and

21st. It passed another Freedmen's Bureau Bill, and then repassed it

July 16th, over the President's veto. This bill was framed with the

purpose in view of avoiding those features of the bill, successfully

vetoed by the President on February 19th preceding, {88} which had

influenced certain Republicans to sustain the President's veto. The

differences between the two measures consisted in the following points.

The first bill had no definite time limit; the second would expire in

two years from the date of its passage. The first bill vested

jurisdiction in the Freedmen's Bureau over the civil rights of freedmen

and refugees in all parts of the United States. The second vested the

bureau with jurisdiction over loyal refugees and freedmen without

mention of place. The first vested a most sweeping power in the Bureau

to give all kinds of aid and support to the destitute refugees and

freedmen. The second contained only the more moderate provision of the

original law of March 3d, 1865, on that subject. Finally the first gave

the Bureau jurisdiction over the civil rights of freedmen and refugees,

not only when the deprivation of them was the consequence of rebellion,

but when it was effected by _any local law_, ordinance, police

regulation or other regulation. The second, on the contrary, limited

the jurisdiction of the Bureau to those cases where the deprivation was

the consequence of rebellion.

[Sidenote: The veto of the measure.]

The President could not, however, see much difference between them. He

claimed that his objections to the first bill were valid against the

second. The second measure, he contended, was only a war measure for a

definite period, in a time of peace. It was the prolongation for a

definite time of military jurisdiction over civil matters, when the

civil courts both "State" and Union were open and in the unhindered

discharge of their business. And he held the ground that Congress had

no more constitutional power to create, or perpetuate, military

jurisdiction over civil matters for a definite period in time of peace

than for an indefinite period. He referred to the fact that the Civil

Rights measure, just passed over his veto, met all {89} the points

provided for in the Freedmen's Bureau bill, and affirmed that all of

the provisions of that law would be executed by him through ordinary

civil means, in so far as they should not be repealed by Congress or

declared unconstitutional by the courts.

[Sidenote: Correctness of the President's views.]

From the point of view of to-day it is difficult to see why the

President was not right. There is no doubt that the Freedmen's Bureau

with its powers, jurisdiction and charities, was a far greater source

of irritation in the South than was the presence of the United States

army. While its superior officers were generally men of ability and

character, a large number of the subalterns were canting hypocrites and

outright thieves. They kept the negroes in a state of idleness, beggary

and unrest, and made them a constant danger to the life and property of

the whites; and their veritable tyranny over the white population did

more to destroy Union sentiment among the whites and make them regard

the United States Government in a hostile light than anything which had

happened during the whole course of the rebellion. It was an

institution which ought to have been dispensed with the instant that

the necessity which called it into existence passed away. The law of

March 3d, 1865, had still about eight months to run, and Congress would

be in session again four months before it would expire. There was ample

opportunity for prolonging the law, and that law, it was to be

presumed, was less needed in 1866 than in 1865. It took all of the

party discipline of the Republicans to prevent sufficient disaffection

in their ranks to sustain the President's veto. On the merits of the

question alone they could not have done it. They were in error, and

many of them knew it, but they were now in to fight the President and

they must stand together.

{90} [Sidenote: The veto overridden.]

The veto of the bill was dated July 16th, and the two Houses repassed

it over the veto on the same day. The new law was to be executed

through the War Department, as the original measure had been, and the

Secretary of War had begun to manifest that indecent hostility to the

President which disgraced the last years of the Administration. The

President was largely cut off from even the knowledge of what was

taking place in the operations of the Freedmen's Bureau, and Mr.

Stanton now managed it in such a manner, whether intentional or not, as

to cause the greatest possible friction between the Government and the

whites of the South, and thus to retard the process of Reconstruction

and to destroy what had been already accomplished in that direction.

[Sidenote: Disaffection in the Cabinet.]

[Sidenote: Stanton's attitude toward the President.]

Besides Stanton, three other members of the Cabinet had showed their

disaffection toward the President's policy. They were Mr. Speed, the

Attorney-General, Mr. Dennison, the Postmaster-General, and Mr. Harlan,

the Secretary of the Interior. During the course of the month (July)

these three gentlemen resigned their offices, and were replaced by Mr.

Stanbery, Mr. A. W. Randall, and Mr. O. H. Browning. Their sense of

propriety would not permit them to retain high office under the

President while differing with him so widely in regard to the

fundamental question of Reconstruction. Mr. Stanton, however, took a

different view of his duty. He seemed to feel that he was under

obligations to his country to remain in the President's Cabinet, at the

head of the most important branch of the Administration at that moment,

and protect the country against the purposes of the President. He was

sustained in this view by the Republican majority in Congress, which

soon entered upon its course of depriving {91} the President of his

military control even, by transferring his functions to the Secretary

of War and the General of the army. To the men of the present day, Mr.

Stanton's conduct appears, at least, lacking in a proper sense of

delicacy. It may be regarded in an even more serious light. It may be

looked upon as a conspiracy with the Republican majority in Congress to

rob the President of his constitutional prerogatives, to change the

form of government from the presidential system to the parliamentary

system of administration. It is difficult to find any sufficient

defence for Mr. Stanton's course. It is impossible to clear him of the

appearance of great egotism or of great greed of office, in not

resigning along with his dissatisfied colleagues.

The President knew of this difference of feeling between himself and

his War Secretary at the time of his reorganization of the Cabinet in

July, and would undoubtedly have been glad to receive his resignation,

but he did not ask for it. The newspapers which sustained the

Administration did, however, and predicted that it would be

forthcoming. The Republican leaders, on the other hand, encouraged

Stanton to hold on to the office, and represented to him that the

welfare of his country demanded the sacrifice of his personal feelings

in the matter.

[Sidenote: The opinion and feeling in the North concerning the

condition of things in the South.]

It was now generally proclaimed throughout the North that the rebel

chieftains had repossessed themselves of the reconstructed "State"

governments and were making use of "State" powers to re-enslave the

freedmen. It was also proclaimed that the life and property of Union

men, of whatever race, at the South were utterly insecure, and that at

least a thousand men had been murdered in that section within a year's

time, without any considerable number of the {92} murderers having been

brought to justice. And it was asserted that the President of the

United States had deserted the party of the Union, the party which had

elevated him to the chief magistracy of the land, and was now

conspiring with his old party friends, the Democrats, in both the North

and the South, to drive the Republican party from power and restore the

régime of the Democracy of 1860.

[Sidenote: The New Orleans riot.]

At this moment a horrible tragedy was enacted in New Orleans which

seemed to give verification to some, if not all, of these statements.

It seems that the late Confederate leaders resident in Louisiana,

having received pardon from the President of the United States upon

fulfilling the conditions of the President's amnesty proclamation, had

got possession in 1864 of the reconstructed "State" government of

Louisiana, with the exception of the governorship and some of the

judicial offices. The constitution of 1864, made by sincere Union men,

did not exactly suit them, and the legislature in the spring of 1866

took into consideration a bill for calling another convention together

for the purpose of framing a new constitution, but the Administration

at Washington frowned upon the movement and the legislature abandoned

it. In like manner, the men who formed and established the constitution

of 1864 were displeased with the fact that the "State" government under

it had been captured at the polls by the old electorate of Louisiana,

reinstated through the President's amnesty. They also wanted to change

the constitution, to so change it as to create an electorate which

would bring them back into power again. This meant negro suffrage. Just

before the convention of 1864 adjourned, it passed a resolution vesting

in the presiding officer of the convention the power, and imposing on

him the duty, of reconvoking the {93} convention in case the

constitution framed by it should not be ratified at the polls, or for

any other necessary reason, for the purpose of taking such measures as

might be needful for forming civil government in Louisiana.

Of course, when the constitution framed by the convention was adopted

by popular vote and a "State" government was set up under it, common

sense and common honesty would hold that the convention had been

finally dissolved, no matter how the wording of the resolution might be

forced in the opposite direction. The men of "'64" saw in this wording

their only chance, however, to rescue the "State" government from the

hands of the amnestied electorate, and in their desperation they were

determined to attempt to make use of it. A number of the members of the

old convention got together informally on the 26th of June. The

president of the old convention did not call them together, and he

would not preside at the informal meeting. He made some trivial excuse;

but there cannot be much doubt in regard to his real reason. This

informal meeting then proceeded to elect a _pro tempore_ president,

Judge Howell, an office-holder under the constitution of 1864. It was

this man who issued the proclamation of July 7th, reconvoking the old

convention of 1864. The time appointed by him was the 30th of July at

noon, and the place designated by him was the Mechanics' Institute

Building at New Orleans. The men called together were the members of

the old convention, but to provide for any vacancies that might have

happened or might happen in the former membership of this old body,

Judge Howell called on the Governor, Mr. Wells, to issue writs of

election. The governor did so, and ordered an election of such

delegates to be held September 3d. He thus manifested his approval of

the movement.

{94} Naturally the party of the amnestied viewed this scheme for

depriving them of the "State" government by means of a new

constitution, framed by a defunct convention, and certain to contain a

provision for negro suffrage, with the most intense hostility. They

were not placated either by being referred to the consideration that

the constitution framed by this convention must be submitted to the

suffrages of the existing electorate, and must be ratified by a

majority of the same, before it could be put into operation. They had a

suspicion that the whole thing was instigated by the wicked Republicans

at the North, and that the voting upon such a proposed constitution

would be controlled by them through the military of the United States

Government.

They, therefore, resolved to nip the plan in the bud by preventing the

assembly of the convention, or forcing it to disperse if it did

assemble. The mayor of the city, Mr. Monroe, the same who was mayor

when the Union army entered the city in 1862, applied to the General in

command of the United States troops in Louisiana, General Absalom

Baird, to know what attitude the military authorities would take toward

the convention, and informed General Baird that he intended to disperse

the convention if it should attempt to assemble without having the

approval of these authorities. General Baird was acting for General

Sheridan, who was absent from his post, and he replied with much more

caution than he would probably have done had he been alone responsible.

He told Mayor Monroe that he thought the Governor of the "State,"

rather than the mayor of the city, was the man to interfere with the

assembly of a body professing to be a "State" convention, if there was

to be any interference at all, and he gave the mayor to understand that

his proposed course might be perilous. This was the {95} 25th of July.

Two days later the mayor went again to the General, this time

accompanied by the Lieutenant-Governor, who was of the party of the

amnestied. He now told General Baird that the police would not

undertake to prevent the assembly of the convention, or disperse its

members when assembled, but that its members would be indicted by the

grand jury and arrested by the sheriff. The General seemed to think

that the convention could lawfully assemble, but agreed with the mayor

and Lieutenant-Governor that both he and they would request

instructions from Washington.

The General applied to the Secretary of War, and the mayor applied to

the President. The General informed the Secretary of the movement to

assemble a convention; that it had the approval of the Governor; that

the Lieutenant-Governor and the municipal authorities considered it

unlawful and proposed to prevent it by arresting the delegates; that he

had declared to them that he would not permit them to do this, unless

the President should so instruct him; and he asked for orders, in the

premises, by telegraph. The Lieutenant-Governor and the

Attorney-General of the "State" informed the President of the movement

to assemble the old convention; informed him that negroes were

assembling, incendiary speeches were being made calling them to arm

themselves, and the President was being denounced; that the Governor

was in sympathy with the movement; that the matter was before the grand

jury; and that it was contemplated to have the members of the

convention arrested by criminal process; and they asked the President

to inform them whether the military authorities would interfere to

prevent the execution of the processes of the criminal court.

Secretary Stanton did not reply to General Baird's application at all.

He did not even communicate the {96} General's application to the

President. He afterward explained that he did not consider that Baird's

telegram required any reply. Baird had said in his despatch that he had

informed the Lieutenant-Governor and the city authorities that he would

not allow them to arrest the delegates and break up the convention

unless instructed to do so by the President. The Secretary did not

propose to send the General any such orders, or to allow any such to be

transmitted to him from the President through the War Department, and

so the Secretary thought it best to let the matter rest where the

General had placed it. He did not know that the President had been

applied to by the other side, and the President did not inform the

Secretary of the despatch which he had received. The confidence between

the two men had been already so largely destroyed as to prevent even

consultation upon these grave subjects.

The President, on the other hand, answered the application made to him.

He telegraphed to the Lieutenant-Governor that the military would be

expected to sustain, and not to obstruct, or interfere with, the

proceedings of the criminal court. He did not send any orders to

General Baird, however. Whether the Lieutenant-Governor showed his

telegram from the President to General Baird or not is not positively

known, so far as the writer of these pages has been able to discover,

but it is probable that he did.

It was certainly then the understanding on all sides, at least, that

the "State" and municipal authorities would deal with the delegates to

the convention, if they interfered with them at all, through the grand

jury and the officers of the criminal court, and not through the

police. This did not mean, of course, that the police should not be

present in the neighborhood of the convention for the purpose of

keeping the {97} public peace. They were ordered to assemble at the

stations on the morning of the 30th (July) and to bring their arms.

According to General Sheridan's report to the President, the riot was

occasioned by the marching of a procession of negroes, about one

hundred strong and partly armed, through several of the streets to the

locality of the convention. It occurred about an hour after the members

of the convention had assembled. Naturally a number of people, mostly

of the lower orders, gathered on the sidewalks of the streets through

which the procession passed. Hooting and jeering followed. Then a shot

was fired, probably by a negro in the procession. Then other shots

followed and the crowd rushed after the procession, which soon arrived

in front of the building in which the convention sat. Brickbats now

flew from each side and the riot was in full progress when the police

appeared on the scene. The procession rushed into the building, leaving

a few of its members outside. One of these and a policeman came to

blows, when another shot was fired, upon which the policemen began

firing through the windows of the building. After a few moments a white

flag was displayed from one of the windows, whereupon the firing ceased

and the policemen rushed into the building. Once in the building they

fired their revolvers upon the persons present indiscriminately and

with terrible effect. The persons who succeeded in escaping from the

building were also fired on by the police and by citizens, and many

were killed or wounded. Nearly two hundred persons were killed or

injured, mostly negroes, but some whites, and among them some members

of the proposed convention. There were no United States troops in the

city at the hour of the riot, their barracks being outside. General

Baird had ordered four companies to take position near the place of the

{98} convention, but owing to the fact that he had got the impression

that the convention would assemble at 6 P.M., he had ordered them to

repair to the assigned position at 5 P.M. They, consequently, did not

arrive until the riot was over and the convention was dispersed.

Each party considered the other the aggressor. The Republicans of the

North viewed the massacre as a new rebellion, while the amnestied

Southerners considered the riot the result of a justified resistance to

an attempt to force negro suffrage and then negro rule upon them. It is

very nearly certain that the first shot was fired by a negro, but this

would not justify the wholesale massacre executed by the police. It

could, therefore, be held by the Republicans with a great show of truth

that the public authorities of the reconstructed "State" government of

Louisiana not only would not extend the equal protection of the laws to

all persons, but would themselves deprive persons even of life without

due process of law.

[Sidenote: The issue of Reconstruction in the campaign of 1866.]

The issue of the campaign of 1866 was thus made up. It was simply

whether Congress should reconstruct the President's reconstructed

"States," or rather should pronounce the President's Reconstruction,

and the Reconstruction effected by the amnestied Southerners, null and

void, and proceed to do the work _de novo_, with the purpose of

creating adequate guarantee for life and property and for the equal

protection of the laws to all.

Although it was not a Presidential year, the election of the members of

the House of Representatives with such a problem to deal with, and the

election of "State" legislatures which would consider the question of

adopting the proposed Fourteenth Amendment to the Constitution, made

the canvass of 1866 a truly national {99} one. Four National

Conventions were held during the summer and early autumn, two of each

party.

[Sidenote: The National Conventions of the summer of 1866.]

The Administration party led off with their great meeting in

Philadelphia on the 14th of August. There were a few prominent

Republicans among the delegates, such as Montgomery Blair, Raymond,

Dix, Cowan, Doolittle and Browning, but the vast majority of them were

Democrats. All of the Southern delegates were such. The larger number

of the Northern Democrats were conservative men of the stamp and style

of R. C. Winthrop, W. B. Lawrence, S. J. Tilden, J. P. Stockton, J. E.

English and Reverdy Johnson, but there were also present men of more

radical anti-national creed, like Fernando Wood, J. G. Sinclair, and

James Campbell. Even Clement L. Vallandigham, presented himself as a

delegate. There were many, however, who objected to his presence and he

withdrew. The doctrines put forward at this meeting were simply those

of the President's Reconstruction policy, the doctrines that the

"States" in our Federal system are indestructible and immaculate, and

under submission to national authority always possessed of the rights

of local self-government and of representation in the National

Government. These doctrines were developed into such extreme forms of

statement, and such extreme results were boldly accepted as their

logical consequences, that the cause of the Administration was damaged

rather than helped at the North by the work and experiences of the

convention.

Inasmuch as there had been a great display of harmony between the

leading men of the South and the Northern delegates in the convention

of the 14th of August, making it appear that the Democrats were the

party of peace and reunion, while the Republicans were {100} in favor

of a continuation of the hostile status, the Southern Republicans, or

as they called themselves the loyal Union men of the South, assembled

in considerable numbers in Philadelphia on the 3d of September, for the

purpose of conferring with the leading Republicans of the North in

regard to the condition of things in the South. Such men as John Minor

Botts, William G. Brownlow, George W. Paschal, Thomas J. Durant, M. J.

Safford, Thomas H. Benton, Lewis M. Kenzie, G. W. Ashburn, and many

more of almost equal reputation came to counsel with the leaders of the

Republican party. Many of the most important of these were there,

Trumbull, Greeley, Morton, Chandler, Schenck, Schurz, Matthews, Curtin,

Cameron, Gerry, Speed, the ex-Attorney-General, and Creswell. These are

only a few names of the eminent men who were present.

The delegates separated into two bodies, one body comprehending the

representatives from the South, and the other those from the North.

This was done in order to leave the Southerners free from undue

Northern influence. Mr. Speed presided over the Southern assembly, and

in his opening words declared the purpose of the convention to be to

determine and proclaim whether the assertion of the late Confederates

that their constitutional rights were being denied them in not

admitting their Representatives- and Senators-elect to seats in

Congress was true, or whether, on the other hand, the claim of the

emancipated that their civil and natural rights were being denied them

was true. He soon left no doubt upon the minds of his hearers as to his

own view and belief, and he denounced the President's reconstruction

work, both in principle and results, most roundly. On account of the

intimate relation in which he had stood to the President as his legal

adviser, and on {101} account of the fact that he was a citizen of one

of the old slave-holding "States," his words had tremendous effect in

steeling the purpose of the Republicans of the North.

Under the inspiration of Mr. Speed's speech, the Southern convention

framed and fulminated an address which arraigned the President as

almost a traitor to his party and the Union, and as a friend of rebels

and of sympathizers with rebels, described the results of his

Reconstruction policy and acts as most deplorable, and urged the speedy

adoption of the proposed Fourteenth Amendment to the Constitution as

the only possible cure for the evils which were afflicting the country.

This address made up the issues of the campaign. The dividing line of

the parties now separated those who favored the adoption of the

proposed Fourteenth Amendment from those who did not. The issue was

simple, and the vote upon it was decisive, as we shall see.

The Administration party now attempted to divide the late soldiers, as

it had attempted to divide the Republicans, with but little better

effect. They got together a convention of the veterans at Cleveland,

Ohio, on the 17th of September, and had the venerable General Wool

preside over it. There were many good men and true present, among them

Gordon Granger, Rousseau, Custer, McClernand, and Thomas Ewing; and

they accused the Republicans of attempting to stir up another civil war

over the question of negro suffrage, and urged their old comrades to

insist that the status of peace, and all the consequences thereof,

existed and must be preserved.

This movement was met on the other side by the assembly of a Republican

soldier convention at Pittsburg on the 25th and 26th of September, for

the purpose of upholding Congress in its fight with the Administration

over the question of Reconstruction. The convention {102} was presided

over by General J. D. Cox, and a host of the most capable officers of

the armies of the Union, lately disbanded, participated in its

deliberations and resolves. They denounced the President's

Reconstruction policy, pronounced their adherence to Congress, and

declared for the adoption of the proposed Fourteenth Amendment as the

indispensable measure for the re-establishment of peace, justice and

union.

[Sidenote: The canvass of 1866.]

During the summer and autumn the orators and politicians of both

parties pursued the canvass upon the basis of the doctrines put forth

by the conventions. A very large number, an unusually large number, of

the leading men of the country, took part in the great debate. Even the

President of the United States took part in it.

[Sidenote: The "swing around the circle."]

On the 28th of August he started from Washington to go to Chicago to be

present at the laying of the corner-stone of the Douglas monument. He

took with him General Grant, Admiral Farragut, three of his Cabinet

officers, Seward, Randall and Welles, and a large number of lesser

lights. Crowds gathered at all the principal stopping-places, and the

President spoke to them in defence of his policy of Reconstruction and

of his acts in the execution of it. He denounced his enemies and

opponents bitterly, and descended to undignified and even vulgar

altercation with individuals in the crowds. In his speech at St. Louis,

on September 28th, his hot temper betrayed him into an attempt to throw

upon Congress, the radical Congress, as he called it, the blame for the

New Orleans riot, and he went to the imprudent extreme of almost making

an excuse or a quasi-excuse for the riot. The whole performance of the

President upon the journey was termed "swinging around the circle," and

it both degraded the great office and its {103} incumbent, and injured

the prospects of the Administration party in the campaign.

[Sidenote: The President's final proclamation declaring the Civil War

ended.]

[Sidenote: The October elections.]

[Sidenote: The Republican triumph in the elections of 1866.]

The President had on the 20th day of August, a week before setting out

upon his tour, finally proclaimed the insurrection and Civil War at an

end in every part of the country. He had, on the 2d day of April

preceding, declared the insurrection at an end everywhere except in

Texas, and the proclamation of August 20th gave official witness to its

cessation in Texas. It is certainly a prerogative of the President to

proclaim the cessation of opposition to his execution of the laws of

the Union, and then to execute the same thereafter through civil,

instead of military, officers. If the President had meant no more than

this by his proclamations of the termination of the insurrection, the

position would have been unassailable. But he evidently intended his

proclamations as furnishing a basis for his Reconstruction work, or at

any rate as furnishing a great reason for the general recognition of

the validity of that work. This we can easily gather from the speeches

he made as he "swung around the circle" in the campaign of 1866. He

felt that he had solid ground under his feet, and did not appreciate

the fact that he was resting one of his doctrines upon another, the

latter being no more self-evident than the former. He felt quite sure

of victory, until what were called the "October States," at that time,

Pennsylvania, Ohio, Indiana and Iowa, held their elections. The two

"September States," Vermont and Maine, had largely increased their

Republican majorities, which the President had probably expected and

allowed for, but when the four "October States" gave only twelve seats

in the House of Representatives to the Democrats and nearly fifty to

the Republicans, it was pretty clearly revealed {104} that the

Administration was on the eve of a terrible defeat. It was as

overwhelming as these figures indicated. The final results showed that

the Republicans had elected one hundred and forty-three of their

candidates to seats in the House of Representatives, while the

Democrats had succeeded in securing only forty-nine seats. With the

exception of Delaware, Maryland and Kentucky, all the "States"

represented in Congress had given the Republican party strong

majorities. The strength of the Democratic party was again in the

South, where the Democratic candidates for any kind of office had

almost universally succeeded. In the Senate the Republicans constituted

more than a two-thirds majority of the members, and with their almost

three-fourths majority in the House, there could be no question that,

in a contest between the President and Congress, the former would be

obliged to yield.

[Sidenote: The President's Message of December 3d, 1866.]

Notwithstanding all this, however, the President, in his Message to

Congress of December 3d, returned to the contest. He reargued his case

from every point of view, and with both moderation and great force. He

restated what had been done toward Reconstruction, declaring that peace

had been restored everywhere, that all the laws of the United States

and all the machinery of the United States Government were in unimpeded

operation everywhere throughout the length and breadth of the land, and

that loyal "State" governments had been restored everywhere, and lacked

but one thing of completion, viz., the admission of Representatives and

Senators from ten of the eleven "States" in which secession ordinances

had been passed to seats in Congress. He contended that all the

departments of the United States Government had proceeded upon the view

that the "States" were indestructible--the Congress, in the {105}

declaration, at the outset, that the war was not to be waged in any

spirit of oppression, nor for any purpose of conquest or subjugation,

nor purpose of overthrowing or interfering with the rights or

established institutions of the "States" which were the scene of

rebellion, but to defend and maintain the supremacy of the Constitution

and all laws made in pursuance thereof, and to preserve the Union, with

all the dignity, equality, and rights of the several States unimpaired,

and in many other acts and resolutions; the Judiciary, in all

proceedings affecting the reconstruction communities as "States"; and

the Executive, in the entire plan of Reconstruction created by Mr.

Lincoln and followed out by himself. He further contended that in

recognizing these "States" as restored to their former relations,

Congress was not running any risk of having disloyal men thrust into

the legislative chambers of the nation, because each House of Congress

could reject members-elect on account of disloyalty, and could continue

to reject until the constituencies should send up such persons as the

House could approve, and could expel any member whose conduct should

reveal disloyalty. He therefore urged Congress to acknowledge the

Reconstruction of the "States" lately in rebellion, in principle, and

to apply the powers of the two Houses in regard to the elections,

returns and qualifications of their respective members to the

individual persons elected to seats.

[Sidenote: Ineffectiveness of the President's argument.]

[Sidenote: Rejection of the proposed Fourteenth Amendment by the

legislatures of the Reconstructed "States."]

[Sidenote: The effect of this on the temper of the North.]

The President's argument fell, however, upon deaf ears. This was, it is

true, the second session of the Thirty-ninth Congress, and was not,

therefore, composed of the persons just elected; but the influence of

the recent elections over its members had been to cow the

conservatives, strengthen the radicals, and cause the wavering to

incline to the side of the extremists. They took the {106} verdict of

the people to be that Congress should ignore the President's work in

Reconstruction, develop a plan of its own, put it into operation, and

base it upon a newly constructed electorate in the South, in which the

lately emancipated should participate. The attitude of the legislatures

of the President's reconstructed "States" in regard to the proposed

Fourteenth Amendment also strengthened them greatly in this view and

purpose. Before the first day of January, 1867, all of these except

three had rejected it by overwhelming votes, and these three followed

the same course a little later. It was said and believed in Washington

that they had rejected the proposed Amendment contemptuously, and under

the advice of the President of the United States. It was the angry

rejection of the proposed Amendment which did more than anything and

everything else to convince the people of the North that Reconstruction

must be now undertaken by Congress, and must proceed upon the basis of

a new electorate at the South which Congress should create.

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