CHAPTER III.

The Work of the Presidents

The war ended slavery, but it left the problem of the freed slave; it

preserved the Union in theory, but it left unsolved many delicate

problems of readjustment. Were the seceded States in or out of the

Union? If in the Union, what rights had they? If they were not in the

Union, what was their status? What was the status of the Southern

Unionist, of the ex-Confederate? What punishments should be inflicted

upon the Southern people? What authority, executive or legislative,

should carry out the work of reconstruction? The end of the war brought

with it, in spite of much discussion, no clear answer to these

perplexing questions.

Unfortunately, American political life, with its controversies over

colonial government, its conflicting interpretations of written

constitutions, and its legally trained statesmen, had by the middle of

the nineteenth century produced a habit of political thought which

demanded the settlement of most governmental matters upon a theoretical

basis. And now in 1865 each prominent leader had his own plan of

reconstruction fundamentally irreconcilable with all the others, because

rigidly theoretical. During the war the powers of the Executive had been

greatly expanded and a legislative reaction was to be expected. The

Constitution called for fresh interpretation in the light of the Civil

War and its results.

The first theory of reconstruction may be found in the

Crittenden-Johnson resolutions of July, 1861, which declared that the

war was being waged to maintain the Union under the Constitution and

that it should cease when these objects were obtained. This would have

been subscribed to in 1861 by the Union Democrats and by most of the

Republicans, and in 1865 the conquered Southerners would have been glad

to reënter the Union upon this basis; but though in 1865 the resolution

still expressed the views of many Democrats, the majority of Northern

people had moved away from this position.

The attitude of Lincoln, which in 1865 met the views of a majority of

the Northern people though not of the political leaders, was that "no

State can upon its mere motion get out of the Union," that the States

survived though there might be some doubt about state governments, and

that "loyal" state organizations might be established by a population

consisting largely of ex-Confederates who had been pardoned by the

President and made "loyal" for the future by an oath of allegiance.

Reconstruction was, Lincoln thought, a matter for the Executive to

handle. But that he was not inflexibly committed to any one plan is

indicated by his proclamation after the pocket veto of the Wade-Davis

Bill and by his last speech, in which he declared that the question of

whether the seceded States were in the Union or out of it was "merely a

pernicious abstraction." In addition, Lincoln said:

We are all agreed that the seceded States, so called, are out of their

proper practical relation with the Union, and that the sole object of

the government, civil and military, in regard to those States is to

again get them into that proper practical relation. I believe that it is

not only possible, but in fact easier, to do this without deciding or

even considering whether these States have ever been out of the Union,

than with it. Finding themselves safely at home, it would be utterly

immaterial whether they had ever been abroad. Let us all join in doing

the acts necessary to restore the proper practical relations between

these States and the Union, and each forever after innocently indulge

his own opinion whether in doing the acts he brought the States from

without into the Union, or only gave them proper assistance, they never

having been out of it.

President Johnson's position was essentially that of Lincoln, but his

attitude toward the working out of the several problems was different.

He maintained that the States survived and that it was the duty of the

Executive to restore them to their proper relations. "The true theory,"

said he, "is that all pretended acts of secession were from the

beginning null and void. The States cannot commit treason nor screen

individual citizens who may have committed treason any more than they

can make valid treaties or engage in lawful commerce with any foreign

power. The States attempting to secede placed themselves in a condition

where their vitality was impaired, but not extinguished; their functions

suspended, but not destroyed." Lincoln would have had no severe

punishments inflicted even on leaders, but Johnson wanted to destroy the

"slavocracy," root and branch. Confiscation of estates would, he

thought, be a proper measure. He said on one occasion: "Traitors should

take a back seat in the work of restoration.... My judgment is that he

[a rebel] should be subjected to a severe ordeal before he is restored

to citizenship. Treason should be made odious, and traitors must be

punished and impoverished. Their great plantations must be seized, and

divided into small farms and sold to honest, industrious men." The

violence of Johnson's views subsequently underwent considerable

modification but to the last he held to the plan of executive

restoration based upon state perdurance. Neither Lincoln nor Johnson

favored a change of Southern institutions other than the abolition of

slavery, though each recommended a qualified negro suffrage.

There were, however, other theories in the field, notably those of the

radical Republican leaders. According to the state-suicide theory of

Charles Sumner, "any vote of secession or other act by which any State

may undertake to put an end to the supremacy of the Constitution within

its territory is inoperative and void against the Constitution, and when

sustained by force it becomes a practical abdication by the State of all

rights under the Constitution, while the treason it involves still

further works an instant forfeiture of all those functions and powers

essential to the continued existence of the State as a body politic, so

that from that time forward the territory falls under the exclusive

jurisdiction of Congress as other territory, and the State, being

according to the language of the law felo de se, ceases to exist."

Congress should punish the "rebels" by abolishing slavery, by giving

civil and political rights to negroes, and by educating them with the

whites.

Not essentially different, but harsher, was Thaddeus Stevens's plans for

treating the South as a conquered foreign province. Let the victors

treat the seceded States "as conquered provinces and settle them with

new men and exterminate or drive out the present rebels as exiles."

Congress in dealing with these provinces was not bound even by the

Constitution, "a bit of worthless parchment," but might legislate as it

pleased in regard to slavery, the ballot, and confiscation. With regard

to the white population he said: "I have never desired bloody

punishments to any great extent. But there are punishments quite as

appalling, and longer remembered, than death. They are more advisable,

because they would reach a greater number. Strip a proud nobility of

their bloated estates; reduce them to a level with plain republicans;

send them forth to labor, and teach their children to enter the

workshops or handle a plow, and you will thus humble the proud

traitors." Stevens and Sumner agreed in reducing the Southern States to

a territorial status. Sumner would then take the principles of the

Declaration of Independence as a guide for Congress, while Stevens would

leave Congress absolute. Neither considered the Constitution as of any

validity in this crisis.

As a rule the former abolitionists were in 1865 advocates of votes and

lands for the negro, in whose capacity for self-rule they had complete

confidence. The view of Gerrit Smith may be regarded as typical of the

abolitionist position:

Let the first condition of peace with them be that no people in the

rebel States shall ever lose or gain civil or political rights by reason

of their race or origin. The next condition of peace be that our black

allies in the South--those saviours of our nation--shall share with

their poor white neighbors in the subdivisions of the large landed

estates of the South. Let the only other condition be that the rebel

masses shall not, for say, a dozen years, be allowed access to the

ballot-box, or be eligible to office; and that the like restrictions be

for life on their political and military leaders.... The mass of the

Southern blacks fall, in point of intelligence, but little, if any,

behind the mass of the Southern whites.... In reference to the

qualifications of the voter, men make too much account of the head and

too little of the heart. The ballot-box, like God, says: "Give me your

heart." The best-hearted men are the best qualified to vote; and, in

this light, the blacks, with their characteristic gentleness, patience,

and affectionateness, are peculiarly entitled to vote. We cannot wonder

at Swedenborg's belief that the celestial people will be found in the

interior of Africa; nor hardly can we wonder at the legend that the gods

came down every year to sup with their favorite Africans.

One of the most statesmanlike proposals was made by Governor John A.

Andrew of Massachusetts. If, forgetting their theories, the

conservatives could have united in support of a restoration conceived in

his spirit, the goal might have been speedily achieved. Andrew demanded

a reorganization, based upon acceptance of the results of the war, but

carried through with the aid of "those who are by their intelligence and

character the natural leaders of their people and who surely will lead

them by and by." These men cannot be kept out forever, said he, for

the capacity of leadership is a gift, not a device. They whose courage,

talents, and will entitle them to lead, will lead.... If we cannot gain

their support of the just measures needful for the work of safe

reorganization, reorganization will be delusive and full of danger. They

are the most hopeful subjects to deal with. They have the brain and the

experience and the education to enable them to understand ... the

present situation. They have the courage as well as the skill to lead

the people in the direction their judgments point.... Is it consistent

with reason and our knowledge of human nature, to believe the masses of

Southern men able to face about, to turn their backs on those they have

trusted and followed, and to adopt the lead of those who have no

magnetic hold on their hearts or minds? It would be idle to reorganize

by the colored vote. If the popular vote of the white race is not to be

had in favor of the guarantees justly required, then I am in favor of

holding on--just where we are now. I am not in favor of a surrender of

the present rights of the Union to a struggle between a white minority

aided by the freedmen on one hand, against the majority of the white

race on the other. I would not consent, having rescued those states by

arms from Secession and rebellion, to turn them over to anarchy and

chaos.

The Southerners, Unionists as well as Confederates, had their views as

well, but at Washington these carried little influence. The former

Confederates would naturally favor the plan which promised best for the

white South, and their views were most nearly met by those of President

Lincoln. Although he held that in principle a new Union had arisen out

of the war, as a matter of immediate political expediency he was

prepared to build on the assumption that the old Union still existed.

The Southern Unionists cared little for theories; they wanted the

Confederates punished, themselves promoted to high offices, and the

negro kept from the ballot box.

Even at the beginning of 1866, it was not too much to hope that the

majority of former Republicans would accept conservative methods,

provided the so-called "fruits of the war" were assured--that is,

equality of civil rights, the guarantee of the United States war debt,

the repudiation of the Confederate debt, the temporary disfranchisement

of the leading Confederates, and some arrangement which would keep the

South from profiting by representation based on the non-voting negro

population. But amid many conflicting policies, none attained to

continuous and compelling authority.

The plan first put to trial was that of President Lincoln. It was a

definite plan designed to meet actual conditions and, had he lived, he

might have been able to carry it through successfully. Not a theorist,

but an opportunist of the highest type, sobered by years of

responsibility in war time, and fully understanding the precarious

situation in 1865, Lincoln was most anxious to secure an early

restoration of solidarity with as little friction as possible. Better

than most Union leaders he appreciated conditions in the South, the

problem of the races, the weakness of the Southern Unionists, and the

advantage of calling in the old Southern leaders. He was generous and

considerate; he wanted no executions or imprisonments; he wished the

leaders to escape; and he was anxious that the mass of Southerners be

welcomed back without loss of rights. "There is," he declared, "too

little respect for their rights," an unwillingness, in short, to treat

them as fellow citizens.

This executive policy had been applied from the beginning of the war as

pportunity offered. The President used the army to hold the Border

States in the Union, to aid in "reorganizing" Unionist Virginia and in

establishing West Virginia. The army, used to preserve the Union might

be used also to restore disturbed parts of it to normal condition.

Assuming that the "States" still existed, "loyal" state governments were

the first necessity. By his proclamation of December 8, 1863, Lincoln

suggested a method of beginning the reconstruction: he would pardon any

Confederate, except specified classes of leaders, who took an oath of

loyalty for the future; if as many as ten per cent of the voting

population of 1860, thus made loyal, should establish a state government

the Executive would recognize it. The matter of slavery must, indeed, be

left to the laws and proclamations as interpreted by the courts, but

other institutions should continue as in 1861.

This plan was inaugurated in four States which had been in part

controlled by the Federal army from nearly the beginning of the war:

Tennessee (1862), Louisiana (1862), Arkansas (1862), and Virginia after

the formation of West Virginia (1863). For each State, Lincoln appointed

a military governor: for Tennessee, Andrew Johnson; for Arkansas, John

S. Phelps; for Louisiana, General Shepley. In Virginia he recognized the

"reorganized" government, which had been transferred to Alexandria when

the new State of West Virginia was formed. The military governors

undertook the slow and difficult work of reorganization, however, with

but slight success owing to the small numbers of Unionists and of

Confederates who would take the oath. But by 1864 "ten per cent" state

governments were established in Arkansas and Louisiana, and progress was

being made in Tennessee.

Congress was impatient of Lincoln's claim to executive precedence in the

matter of reconstruction, and in 1864 both Houses passed the Wade-Davis

Bill, a plan which asserted the right of Congress to control

reconstruction and foreshadowed a radical settlement of the question.

Lincoln disposed of the bill by a pocket veto and, in a proclamation

dated July 8, 1864, stated that he was unprepared "to be inflexibly

committed to any single plan of restoration," or to discourage loyal

citizens by setting aside the governments already established in

Louisiana and Arkansas, or to recognize the authority of Congress to

abolish slavery. He was ready, however, to coöperate with the people of

any State who wished to accept the plan prepared by Congress and he

hoped that a constitutional amendment abolishing slavery would be

adopted.

Lincoln early came to the conclusion that slavery must be destroyed, and

he had urgently advocated deportation of the freedmen, for he believed

that the two races could not live in harmony after emancipation. The

nearest he came to recommending the vote for the negro was in a

communication to Governor Hahn of Louisiana in March, 1864: "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 to come, to keep the jewel of liberty

within the family of freedom. But this is only a suggestion, not to the

public, but to you alone."

Throughout the war President Lincoln assumed that the state

organizations in the South were illegal because disloyal and that new

governments must be established. But just at the close of the war,

probably carried away by feeling, he all but recognized the Virginia

Confederate Government as competent to bring the State back into the

Union. While in Richmond on April 5, 1865, he gave to Judge Campbell a

statement of terms: the national authority to be restored; no recession

on slavery by the Executive; hostile forces to disband. The next day he

notified General Weitzel, in command at Richmond, that he might permit

the Virginia Legislature to meet and withdraw military and other support

from the Confederacy. But these measures met strong opposition in

Washington, especially from Secretary Stanton and Senator Wade and other

congressional leaders, and on the 11th of April Lincoln withdrew his

permission for the Legislature to meet. "I cannot go forward," he said,

"with everybody opposed to me." It was on the same day that he made his

last public speech, and Sumner, who was strongly opposed to his policy,

remarked that "the President's speech and other things augur confusion

and uncertainty in the future, with hot contumacy." At a cabinet meeting

on the 14th of April, Lincoln made his last statement on the subject. It

was fortunate, he said, that Congress had adjourned, for "we shall

reanimate the States" before Congress meets; there should be no killing,

no persecutions; there was too much disposition to treat the Southern

people "not as fellow citizens."

The possibility of a conciliatory restoration ended when Lincoln was

assassinated. Moderate, firm, tactful, of great personal influence, not

a doctrinaire, and not a Southerner like Johnson, Lincoln might have

"prosecuted peace" successfully. His policy was very unlike that

proposed by the radical leaders. They would base the new governments

upon the loyalty of the past plus the aid of enfranchised slaves; he

would establish the new régime upon the loyalty of the future. Like

Governor Andrew he thought that restoration must be effected by the

willing efforts of the South. He would aid and guide but not force the

people. If the latter did not wish restoration, they might remain under

military rule. There should be no forced negro suffrage, no sweeping

disfranchisement of whites, no "carpetbaggism."

The work of President Johnson demands for its proper understanding some

consideration of the condition of the political parties at the close of

the war, for politics had much to do with reconstruction. The Democratic

party, divided and defeated in the election of 1860, lost its Southern

members in 1861 by the secession and remained a minority party during

the remainder of the war. It retained its organization, however, and in

1864 polled a large vote. Discredited by its policy of opposition to

Lincoln's Administration, its ablest leaders joined the Republicans in

support of the war. Until 1869 the party was poorly represented in

Congress although, as soon as hostilities ended, the War Democrats

showed a tendency to return to the old party. As to reconstruction, the

party stood on the Crittenden-Johnson resolutions of 1861, though most

Democrats were now willing to have slavery abolished.

The Republican party--frankly sectional and going into power on the

single issue of opposition to the extension of slavery--was forced by

the secession movement to take up the task of preserving the Union by

war. Consequently, the party developed new principles, welcomed the aid

of the War Democrats, and found it advisable to drop its name and with

its allies to form the Union or National Union party. It was this

National Union party which in 1864 nominated Abraham Lincoln, a

Republican, and Andrew Johnson, a Democrat, on the same ticket.

Lincoln's second Cabinet was composed of both Republicans and War

Democrats. When the war ended, the conservative leaders were anxious to

hold the Union party together in order to be in a better position to

settle the problems of reconstruction, but the movement of the War

Democrats back to their old party tended to leave in the Union party

only its Republican members, with the radical leaders dominating.

In the South the pressure of war so united the people that party

divisions disappeared for a time, but the causes of division continued

to exist and two parties, at least, would have developed had the

pressure been removed. Though all factions supported the war after it

began, the former Whigs and Douglas Democrats, when it was over, liked

to remember that they had been "Union" men in 1860 and expected to

organize in opposition to the extreme Democrats, who were now charged

with being responsible for the misfortunes of the South. They were in a

position to affiliate with the National Union party of the North if

proper inducements were offered, while the regular Democrats were ready

to rejoin their old party. But the embittered feelings resulting from

the murder of Lincoln and the rapid development of the struggle between

President Johnson and Congress caused the radicals "to lump the old

Union Democrats and Whigs together with the secessionists--and many were

driven where they did not want to go, into temporary affiliation with

the Democratic party." Thousands went very reluctantly; the old Whigs,

indeed, were not firmly committed to the Democrats until radical

reconstruction had actually begun. Still other "loyalists" in the South

were prepared to join the Northern radicals in advocating the

disfranchisement of Confederates and in opposing the granting of

suffrage to the negroes.

The man upon whom fell the task of leading these opposing factions,

radical and conservative, along a definite line of action looking to

reunion had few qualifications for the task. Johnson was ill-educated,

narrow, and vindictive and was positive that those who did not agree

with him were dishonest. Himself a Southerner, picked up by the National

Union Convention of 1864, as Thaddeus Stevens said, from "one of those

damned rebel provinces," he loved the Union, worshiped the Constitution,

and held to the strict construction views of the State Rights Democrats.

Rising from humble beginnings, he was animated by the most intense

dislike of the "slavocracy," as he called the political aristocracy of

the South. Like many other American leaders he was proud of his humble

origin, but unlike many others he never sloughed off his backwoods

crudeness. He continually boasted of himself and vilified the

aristocrats, who in return treated him badly. His dislike of them was so

marked that Isham G. Harris, a rival politician, remarked that "if

Johnson were a snake, he would lie in the grass to bite the heels of

rich men's children." His primitive notions of punishment were evident

in 1865 when he advocated imprisonment, execution, and confiscation; but

like other reckless talkers he often said more than he meant.

When Johnson succeeded to the presidency, the feeling was nearly

universal among the radicals, according to Julian, that he would prove a

godsend to the country, for "aside from Mr. Lincoln's known policy of

tenderness to the rebels, which now so jarred upon the feelings of the

hour, his well known views on the subject of reconstruction were as

distasteful as possible to radical Republicans." Senator Wade declared

to the President: "Johnson, we have faith in you. By the gods, there

will be no trouble now in running the Government!" To which Johnson

replied: "Treason is a crime and crime must be punished. Treason must be

made infamous and traitors must be impoverished." These words are an

index to the speeches of Johnson during 1863-65. Even his radical

friends feared that he would be too vindictive. For a few weeks he was

much inclined to the radical plans, and some of the leaders certainly

understood that he was in favor of negro suffrage, the supreme test of

radicalism. But when the excitement caused by the assassination of

Lincoln and the break-up of the Confederacy had moderated somewhat,

Johnson saw before him a task so great that his desire for violent

measures was chilled. He must disband the great armies and bring all war

work to an end; he must restore intercourse with the South, which had

been blockaded for years; he must for a time police the country, look

after the negroes, and set up a temporary civil government; and finally

he must work out a restoration of the Union. Sobered by responsibility

and by the influence of moderate advisers, he rather quickly adopted

Lincoln's policy.

Johnson at first set his face against the movements toward

reconstruction by the state governments already organized and by those

people who wished to organize new governments on Lincoln's ten per cent

plan. As soon as possible the War Department notified the Union

commanders to stop all attempts at reconstruction and to pursue and

arrest all Confederate governors and other prominent civil leaders. The

President was even anxious to arrest the military leaders who had been

paroled but was checked in this desire by General Grant's firm protest.

His cabinet advisers supported Johnson in refusing to recognize the

Southern state governments; but three of them--Seward, Welles, and

McCulloch--were influential in moderating his zeal for inflicting

punishments. Nevertheless he soon had in prison the most prominent of

the Confederate civilians and several general officers. The soldiers,

however, were sent home, trade with the South was permitted, and the

Freedmen's Bureau was rapidly extended.

Previous to this Johnson had brought himself to recognize, early in May,

the Lincoln "ten per cent" governments of Louisiana, Tennessee, and

Arkansas, and the reconstructed Alexandria government of Virginia. Thus

only seven States were left without legal governments, and to bring

those States back into the Union, Johnson inaugurated on May 29, 1865, a

plan which was like that of Lincoln but not quite so liberal. In his

Amnesty Proclamation, Johnson made a longer list of exceptions aimed

especially at the once wealthy slave owners. On the same day he

proclaimed the restoration of North Carolina. A provisional governor, W.

W. Holden, was appointed and directed to reorganize the civil government

and to call a constitutional convention elected by those who had taken

the amnesty oath. This convention was to make necessary amendments to

the constitution and to "restore said State to its constitutional

relations to the Federal Government." It is to be noted that Johnson

fixed the qualifications of delegates and of those who elected them,

but, this stage once passed, the convention or the legislature would

"prescribe the qualifications of electors ... a power the people of the

several States composing the Federal Union have rightfully exercised

from the origin of the government to the present time." The President

also directed the various cabinet officers to extend the work of their

departments over the Confederate States and ordered the army officers to

assist the civil authorities. During the next six weeks similar measures

were undertaken for the remaining six States of the Confederacy.

To set up the new order army officers were first sent into every county

to administer the amnesty oath and thus to secure a "loyal" electorate.

In each State the provisional governor organized out of the remains of

the Confederate local régime a new civil government. Confederate local

officials who could and would take the amnesty oath were directed to

resume office until relieved; the laws of 1861, except those relating to

slavery, were declared to be in force; the courts were directed to use

special efforts to crush lawlessness; and the old jury lists were

destroyed and new ones were drawn up containing only the names of those

who had taken the amnesty oath. Since there was no money in any state

treasury, small sums were now raised by license taxes. A full staff of

department heads was appointed, and by July, 1865, the provisional

governments were in fair working order.

To the constitutional conventions, which met in the fall, it was made

clear, through the governors, that the President would insist upon three

conditions: the formal abolition of slavery, the repudiation of the

ordinance of secession, and the repudiation of the Confederate war debt.

To Governor Holden he telegraphed: "Every dollar of the debt created to

aid the rebellion against the United States should be repudiated finally

and forever. The great mass of the people should not be taxed to pay a

debt to aid in carrying on a rebellion which they in fact, if left to

themselves, were opposed to. Let those who had given their means for the

obligations of the state look to that power they tried to establish in

violation of law, constitution, and will of the people. They must meet

their fate." With little opposition these conditions were fulfilled,

though there was a strong feeling against the repudiation of the debt,

much discussion as to whether the ordinance of secession should be

"repealed" or declared "now and always null and void," and some

quibbling as to whether slavery was being destroyed by state action or

had already been destroyed by war.

In the old state constitutions, very slight changes were made. Of these

the chief were concerned with the abolition of slavery and the

arrangement of representation and direct taxation on the basis of white

population. Little effort was made to settle any of the negro problems,

and in all States the conventions left it to the legislatures to make

laws for the freedmen. There was no discussion of negro suffrage in the

conventions, but President Johnson sent what was for him a remarkable

communication to Governor Sharkey of Mississippi:

If you could extend the elective franchise to all persons of color who

can read the Constitution of the United States in English and write

their names, and to all persons of color who own real estate valued at

not less than two hundred and fifty dollars and pay taxes thereon, you

would completely disarm the adversary and set an example the other

States will follow. This you can do with perfect safety, and you would

thus place Southern States in reference to free persons of color upon

the same basis with the free States.... And as a consequence the

radicals, who are wild upon negro franchise, will be completely foiled

in their attempts to keep the Southern States from renewing their

relations to the Union by not accepting their senators and

representatives.

In deciding upon a basis of representation it was clear that the

majority of delegates desired to lessen the influence of the Black Belt

and place the control of the government with the "up country." In the

Alabama convention Robert M. Patton, then a delegate and later governor,

frankly avowed this object, and in South Carolina Governor Perry urged

the convention to give no consideration to negro suffrage, "because this

is a white man's government," and if the negroes should vote they would

be controlled by a few whites. A kindly disposition toward the negroes

was general except on the part of extreme Unionists, who opposed any

favors to the race. "This is a white man's country" was a doctrine to

which all the conventions subscribed.

The conventions held brief sessions, completed their work, and

adjourned, after directing that elections be held for state and local

officers and for members of Congress. Before December the appointed

local officials had been succeeded by elected officers; members of

Congress were on their way to Washington; the state legislatures were

assembling or already in session; and the elected governors were ready

to take office. It was understood that as soon as enough state

legislatures ratified the Thirteenth Amendment to make it a part of the

Constitution, the President would permit the transfer of authority to

the new governors. The Legislature of Mississippi alone was recalcitrant

about the amendment, and before January, 1866, the elected officials

were everywhere installed except in Texas, where the work was not

completed until March. When Congress met in December, 1865, the

President reported that all former Confederate States except Texas were

ready to be readmitted. Congress, however, refused to admit their

senators and representatives, and thus began the struggle which ended

over a year later with the victory of the radicals and the undoing of

the work of the two Presidents.

The plan of the Presidents was at best only imperfectly realized. It was

found impossible to reorganize the Federal Administration in the South

with men who could subscribe to the "ironclad oath," for nearly all who

were competent to hold office had favored or aided the Confederacy. It

was two years before more than a third of the post offices could be

opened. The other Federal departments were in similar difficulties, and

at last women and "carpetbaggers" were appointed. The Freedmen's Bureau,

which had been established coincidently with the provisional

governments, assumed jurisdiction over the negroes, while the army

authorities very early took the position that any man who claimed to be

a Unionist should not be tried in the local courts but must be given a

better chance in a provost court. Thus a third or more of the population

was withdrawn from the control of the state government. In several

States the head of the Bureau made arrangements for local magistrates

and officials to act as Bureau officials, and in such cases the two

authorities acted in coöperation. The army of occupation, too, exerted

an authority which not infrequently interfered with the workings of the

new state government. Nearly everywhere there was a lack of certainty

and efficiency due to the concurrent and sometimes conflicting

jurisdictions of state government, army commanders, Bureau authorities,

and even the President acting upon or through any of the others.

The standing of the Southern state organizations was in doubt after the

refusal of Congress to recognize them. Nevertheless, in spite of this

uncertainty they continued to function as States during the year of

controversy which followed; the courts were opened and steadily grew in

influence; here and there militia and patrols were reorganized;

officials who refused to "accept the situation" were dismissed;

elections were held; the legislatures revised the laws to fit new

conditions and enacted new laws for the emancipated blacks. To all this

progress in reorganization the action of Congress was a severe blow,

since it gave notice that none of the problems of reconstruction were

yet solved. An increasing spirit of irritation and independence was

observed throughout the States in question, and at the elections the

former Confederates gained more and more offices. The year was marked in

the South by the tendency toward the formation of parties, by the

development of the "Southern outrages" issue, by an attempt to frustrate

radical action, and finally by a line-up of the great mass of the whites

in opposition to the Fourteenth Amendment and other radical plans of

Congress.

The Joint Committee on Reconstruction, appointed when Congress refused

to accept the work of President Johnson, proceeded during several months

to take testimony and to consider measures. The testimony, which was

taken chiefly to support opinions already formed, appeared to prove that

the negroes and the Unionists were so badly treated that the Freedmen's

Bureau and the army must be kept in the South to protect them; that free

negro labor was a success but that the whites were hostile to it; that

the whites were disloyal and would, if given control of the Southern

governments and admitted to Congress, constitute a danger to the nation

and especially to the party in power.

To convince the voters of the North of the necessity of dealing

drastically with the South a campaign of misrepresentation was begun in

the summer of 1865, which became more and more systematic and

unscrupulous as the political struggle at Washington grew fiercer.

Newspapers regularly ran columns headed "Southern Outrages" and every

conceivable mistreatment of blacks by whites was represented as taking

place on a large scale. As General Richard Taylor said, it would seem

that about 1866 every white man, woman, and child in the South began

killing and maltreating negroes. In truth, there was less and less

ground for objection to the treatment of the blacks as time went on and

as the several agencies of government secured firmer control over the

lawless elements. But fortunately for the radicals their contention

seemed to be established by riots on a large scale in Memphis and New

Orleans where negroes were killed and injured in much greater number

than whites.

The rapid development of the radical plans of Congress checked the

tendency toward political division in the South. Only a small party of

rabid Unionists would now affiliate with the radicals, while all the

others reluctantly held together, endorsed Johnson's policy, and

attempted to affiliate with the disintegrating National Union party. But

the defeat of the President's policies in the elections of 1866, the

increasing radicalism of Congress as shown by the Civil Rights Act, the

expansion of the Freedmen's Bureau, the report of the Joint Committee on

Reconstruction, and the proposal of the Fourteenth Amendment led

farsighted Southerners to see that the President was likely to lose in

his fight with Congress.

Now began, in the latter half of 1866, with some coöperation in the

North and probably with the approval of the President, a movement in the

South to forestall the radicals by means of a settlement which, although

less severe than the proposed Fourteenth Amendment, might yet be

acceptable to Congress. One feature of the settlement was to be some

form of negro suffrage, either by local action or by constitutional

amendment. Those behind this scheme were mainly of the former governing

class. Negro suffrage, they thought, would take the wind out of the

radical sails, the Southern whites would soon be able to control the

blacks, representation in Congress would be increased, and the Black

Belt would perhaps regain its former political hegemony. It is hardly

necessary to say that the majority of the whites were solidly opposed to

such a measure. But it was hoped to carry it under pressure through the

Legislature or to bring it about indirectly through rulings of the

Freedmen's Bureau.

Coincident with this scheme of partial negro suffrage an attempt was

made by the conservative leaders in Washington, working with the

Southerners, to propose a revised Fourteenth Amendment which would give

the vote to competent negroes and not disfranchise the whites. A

conference of Southern governors met in Washington early in 1867 and

drafted such an amendment. But it was too late.

Meanwhile the Fourteenth Amendment submitted by Congress had been

brought before the Southern legislatures and during the winter of

1866-67 it was rejected by all of them. There was strong opposition to

it because it disfranchised the leading whites, but perhaps the

principal reason for its rejection was that the Southern people were not

sure that still more severe conditions might not be imposed later.

While the President was "restoring" the States which had seceded and

struggling with Congress, the Border States of the South, including

Tennessee (which was admitted in 1866 by reason of its radical state

government), were also in the throes of reconstruction. Though there was

less military interference in these than in the other States, many of

the problems were similar. All had the Freedmen's Bureau, the negro

race, the Unionists, and the Confederates; in every State, except

Kentucky, Confederates were persecuted, the minority was in control, and

"ring" rule was the order of the day; but in each State there were signs

of the political revolution which a few years later was to put the

radicals out of power.

The executive plan for the restoration of the Union, begun by Lincoln

and adopted by Johnson, was, as we have seen, at first applied in all

the States which had seceded. A military governor was appointed in each

State by the President by virtue of his authority as commander in chief.

This official, aided by a civilian staff of his own choice and supported

by the United States army and other Federal agencies, reorganized the

state administration and after a few months turned the state and local

governments over to regularly elected officials. Restoration should now

have been completed, but Congress refused to admit the senators and

representatives of these States, and entered upon a fifteen months'

struggle with the President over details of the methods of the

reconstruction. Meanwhile the Southern States, though unrepresented in

Congress, continued their activities, with some interference from

Federal authorities, until Congress in 1867 declared their governments

non-existent.

The work begun by Lincoln and Johnson deserved better success. The

original plan restored to political rights only a small number of

Unionists, the lukewarm Confederates, and the unimportant. But in spite

of the threatening speeches of Johnson he used his power of pardon until

none except the most prominent leaders were excluded. The personnel of

the Johnson governments was fair. The officials were, in the main,

former Douglas Democrats and Whigs, respectable and conservative, but

not admired or loved by the people. The conventions and the legislatures

were orderly and dignified and manifested a desire to accept the

situation.

There were no political parties at first, but material for several

existed. If things had been allowed to take their course there would

have arisen a normal cleavage between former Whigs and Democrats,

between the up-country and the low country, between the slaveholders and

the nonslaveholders. The average white man in these governments was

willing to be fair to the negro but was not greatly concerned about his

future. In the view of most white people it was the white man who was

emancipated. The white districts had no desire to let the power return

to the Black Belt by giving the negro the ballot, for the vote of the

negroes, they believed, would be controlled by their former masters.

Johnson's adoption of Lincoln's plan gave notice to all that the

radicals had failed to control him. He and they had little in common;

they wished to uproot a civilization, while he wished to punish

individuals; they were not troubled by constitutional scruples, while he

was the strictest of State Rights Democrats; they thought principally of

the negro and his potentialities, while Johnson was thinking of the

emancipated white man. It is possible that Lincoln might have succeeded,

but for Johnson the task proved too great.

The Sequel of Appomattox: A Chronicle of the Reunion of the States · 第 3 / 13 章