ILLUSTRATED WITH PHOTOGRAPHS

In consequence of the threatening situation which the President's

reactionary policy had precipitated, the belief grew stronger and

stronger in the Northern country that the predominance of the Republican

party was--and would be for a few years, at least--necessary for the

safety and the honor of the Republic; and steps taken to insure that

predominance, even such as would have in less critical times evoked

strong criticism, were now looked upon with seductive leniency of

judgment. Mr. Stockton of New Jersey was unseated in the Senate upon

grounds which would hardly pass muster in ordinary times, to make room

for a Republican successor, and even Mr. Fessenden approved the

transaction. Advantage was taken in the same body of the sickness or

casual absence of some Democratic senator to rush through a vote when a

two-thirds majority was required to kill a veto; and other proceedings

were resorted to at a pinch which were hardly compatible with the famous

"courtesy of the Senate." But there was more thorough and lasting work

to be done to prepare for the full restoration of the States lately in

rebellion. The Republican majority was by no means of one mind as to the

constitutional status of the communities that had been in insurrection

against the National Government. I have already spoken of the theory of

State-suicide advanced by Mr. Stevens and a comparatively small school

of extremists. The theory most popular with most of the Republicans,

which was finally formulated by the Joint Committee on Reconstruction,

was that the rebel States had not been out of the Union, but had lost

their working status inside of the Union, and had to be restored to

their regular constitutional relations to the Union by action of

Congress, upon such conditions as Congress might deem proper.

To meet the dangers which so far had become visible on the horizon, the

Joint Committee on Reconstruction devised the Fourteenth Amendment to

the Constitution, which was long and laboriously debated in both Houses.

In the form in which it was finally adopted it declared (1) that all

persons born or naturalized in the United States are citizens of the

United States and of the States in which they reside, and that no State

shall make or enforce any law abridging the privileges or immunities of

citizens, nor deprive any person of life, liberty, or property without

due process of law, nor deny to any person the equal protection of the

laws; (2) that if in any State the right to vote at any election for

the choice of national or State officers is denied or in any way

abridged, except for participation in rebellion, or other crime, the

basis of representation in Congress or the electoral college shall be

reduced in the proportion which the number of such male citizens shall

bear to the whole number of male citizens twenty-one years of age in

such State; (3) that no person who had taken part in the rebellion,

having previously, as a national or State officer, military or civil,

sworn to support the Constitution of the United States, shall be a

Senator or Representative in Congress or hold any office, civil or

military, under the United States, or any State, unless relieved of that

disability by a two-thirds vote of each house of Congress; (4) that the

validity of the public debt of the United States shall not be

questioned, nor shall any debt or obligation contracted in aid of

rebellion, or any claim for emancipated slaves be paid.

_The Fourteenth Amendment_

Thus the Fourteenth Amendment stopped short of the extension of the

suffrage to negroes--a subject which many Republicans were still afraid

to touch directly. But by implication it punished the States denying

that extension by reducing the basis of representation; it excluded from

office, unless relieved of the disability by a two-thirds vote of

Congress, the most influential class of those who had taken an active

part in the rebellion; and it safeguarded the public debt. With only one

of its provisions serious fault could be found;--not with that which

guaranteed to the freedmen the essential civil rights of free men, nor

with that which excluded the freedmen from the basis of

representation--so long as they were not permitted to vote. Only the

advocates of negro suffrage might logically have objected to this

clause; inasmuch as it by implication recognized the right of a State to

exclude the colored people from the suffrage if the State paid a certain

penalty for such exclusion. Neither could the clause safeguarding the

public debt and prohibiting the payment of debts incurred in aid of the

rebellion be objected to. The really exceptionable provision was that

which excluded so large a class of Southern men from public office, and

just that class with which a friendly understanding was most desirable.

The provision that their disqualification could be removed by a

two-thirds vote in each House of Congress mended the mischief thus done

a little, but not enough for the public good.

It was not expressly enacted, but it was generally understood, that

those of the States lately in rebellion, which ratified the Fourteenth

Amendment, would thereby qualify themselves for full restoration in the

Union. Tennessee, where a faction of the Union party hostile to

President Johnson had gained the ascendency, did so, and was accordingly

fully restored by the admission to their seats in Congress of its

Senators and Representatives. The full restoration of the other late

rebel States would probably have been expedited in the same way, had

they followed the example of Tennessee. But President Johnson, as became

publicly known in one or two instances, obstinately dissuaded them from

doing so, and the fight went on. He also vetoed a second Freedmen's

Bureau bill in which some of the provisions he had objected to in his

veto of the first were remedied. But things had now come to such a pass

between Congress and the President that his veto messages were hardly

considered worth listening to, but were promptly overruled almost

without debate by two-thirds votes in each House.

_A Campaign to Destroy a President_

Under such circumstances the Congressional election of 1866 came on. The

people were to pronounce judgment between the President and Congress.

The great quarrel had created excitement so intense as to affect men's

balance of mind. About the time of the assembling of Congress Mr.

Preston King of New York (the same rotund gentleman with whom, in the

National Convention of 1860, I conducted Mr. Ashmun to the chair), who

had been a Senator of the United States and had been appointed Collector

of Customs by President Johnson, committed suicide by jumping into the

North River from a ferry-boat. He had been a Republican of the radical

type, and when he took the office he supposed the President to be of the

same mind; but Mr. Johnson's course distressed him so much that he

became melancholy; his brain gave way, and he sought relief in death.

Another suicide which greatly startled the country a few months later,

that of Senator Lane of Kansas, was attributed to a similar cause. "Jim"

Lane had been one of the most famous free-State fighters in Kansas

Territory. Since then he was ranked among the extreme anti-slavery men

and as a Senator he was counted upon as a firm opponent of President

Johnson's policy. To the astonishment of everybody he voted against the

Civil Rights bill. This somewhat mysterious change of front, which

nobody seemed able satisfactorily to explain, cost him his confidential

intercourse with his former associates in the Senate, and brought upon

him stinging manifestations of disapproval from his constituents. He was

reported to have expressed profound repentance of what he had done and

finally made away with himself as one lost to hope. He was still in the

full vigor of manhood--only fifty-one years old--when he sought the

grave.

[Illustration: JOHN POTTER STOCKTON

THE DEMOCRATIC SENATOR FROM NEW JERSEY WHO WAS UNSEATED IN THE SENATE OF

1866 TO MAKE ROOM FOR A REPUBLICAN SUCCESSOR. HE WAS LATER REELECTED TO

THE SENATE]

The campaign of 1866 was remarkable for its heat and bitterness. In

canvasses carried on for the purpose of electing a President, I had seen

more enthusiasm, but in none so much animosity and bad blood as in this,

an incidental object of which was politically to destroy a president.

Andrew Johnson had not only manifested a disposition to lean upon the

Democratic party in the pursuit of his policy, but he had also begun to

dismiss public officers who refused to coöperate with him politically

and to put in their places men who adhered to him. This touched partisan

spirit in an exceedingly sensitive spot. The so-called "bread-and-butter

brigade" was looked down upon with a contempt that could hardly be

expressed in words.

_Killing of Negroes at Memphis and New Orleans_

But there were more serious things to inflame the temper of the North.

The Southern whites again proved themselves their own worst enemies.

Early in May news came from Memphis of riots in which twenty-four

negroes were killed and one white man was wounded. The conclusion lay

near and was generally accepted that the whites had been the aggressors

and the negroes the victims. In the last days of July more portentous

tidings arrived from New Orleans. An attempt was made by Union men to

revive the constitutional convention of 1864 for the purpose of

remodeling the constitution of the State. The attempt was of

questionable legality, but, if wrong, it could easily have been foiled

by legal and peaceable means. The municipal government of New Orleans

was in possession of the ex-Confederates. It resolved that the meeting

of the remnant of the convention should not be held. When it did meet,

the police, consisting in an overwhelming majority of ex-Confederate

soldiers, aided by a white mob, broke into the hall and fired upon those

assembled there. The result was thirty-seven negroes killed and one

hundred and nineteen wounded, and three of the white Union men killed

and seventeen wounded, against one of the assailants killed and ten

wounded. General Sheridan, the commander of the Department, telegraphed

to General Grant: "It was no riot; it was an absolute massacre by the

police which was not excelled in murderous cruelty by that of Fort

Pillow. It was a murder which the Mayor and the police of this city

perpetrated without the shadow of necessity." A tremor of horror and

rage ran over the North. People asked one another: "Does this mean that

the rebellion is to begin again?" I heard the question often.

The Administration felt the blow, and to neutralize its effects a

national convention of its adherents, North and South, planned by

Thurlow Weed and Secretary Seward, was to serve as the principal means.

This "National Union Convention" met in Philadelphia on August 14th. It

was respectably attended in point of character as well as of numbers. It

opened its proceedings with a spectacular performance which under

different conditions might have struck the popular imagination

favorably. The delegates marched into the Convention Hall in pairs, one

from the South arm in arm with one from the North, Massachusetts and

South Carolina leading. But with the Memphis riot and the New Orleans

"massacre" and Andrew Johnson's sinister figure in the background, the

theatrical exhibition of restored fraternal feeling, although calling

forth much cheering on the spot, fell flat, and even became the subject

of ridicule, since it earned for the meeting the derisive nickname of

the "arm-in-arm convention." The proceedings were rather dull, and much

was made by the Republicans of the fact that the Chairman, Senator

Doolittle from Wisconsin, was careful not to let Southern members say

much lest they say _too_ much. It was also noticed and made much of that

among the members of the convention the number of men supposed to curry

favor with the Administration for the purpose of getting office--men

belonging to the "bread-and-butter-brigade"--was conspicuously large.

Among the resolutions passed by the convention was one declaring slavery

abolished and the emancipated negro entitled to equal protection in

every right of person and property, and another heartily endorsing

President Johnson's reconstruction policy.

No doubt many of the respectable and patriotic men who attended that

convention thought they had done very valuable work for the general

pacification by getting their Southern friends publicly to affirm that

slavery was dead never to be revived, and that the civil rights of the

freedmen were entitled to equal protection and would have it. But the

effect of such declarations upon the popular mind at the North was not

as great as had been expected. Such affirmations by respectable Southern

gentlemen, who were perfectly sincere, had been heard before. In fact,

almost everybody in the South was ready to declare himself likewise, and

with equal sincerity, as to the abolition of the old form of chattel

slavery. But the question of far superior importance was, what he would

put in the place of the old form of chattel slavery. _There_ was the

rub, and this had come to be well understood at the North in the light

of the reports from the South, which the advocates of President

Johnson's policy could not deny nor obscure. The moral effect of the

National Union Convention was therefore very feeble.

[Illustration: _From the collection of Joseph Keppler_

McClure's Magazine, Vol. XXXI, No. 3, July 1908. · 第 38 / 75 题