CHAPTER VI.

The Rule of the Major Generals

From the passage of the reconstruction acts to the close of Johnson's

Administration, Congress, working the will of the radical majority, was

in supreme control. The army carried out the will of Congress and to

that body, not to the President, the commanding general and his

subordinates looked for direction.

The official opposition of the President to the policy of Congress

ceased when that policy was enacted into law. He believed this

legislation to be unconstitutional, but he considered it his duty to

execute the laws. He at once set about the appointment of generals to

command the military districts created in the South, ¹ a task calling

for no little discretion, since much depended upon the character of

these military governors, or "satraps," as they were frequently called

by the opposition. The commanding general in a district was charged with

many duties, military, political, and administrative. It was his duty to

carry on a government satisfactory to the radicals and not too

irritating to the Southern whites; at the same time he must execute the

reconstruction acts by putting old leaders out of power and negroes in.

Violent opposition to this policy on the part of the South was not

looked for. Notwithstanding the "Southern outrage" campaign, it was

generally recognized in government circles that conditions in the

seceded States had gradually been growing better since the close of the

war. There was in many regions, to be sure, a general laxity in

enforcing laws, but that had always been characteristic of the newer

parts of the South. The Civil Rights Act was generally in force, the

"Black Laws" had been suspended, and the Freedmen's Bureau was

everywhere caring for the negroes. What disorder existed was of recent

origin and in the main was due to the unsettling effects of the debates

in Congress and to the organization of the negroes for political

purposes.

¹ The first five generals appointed were Schofield, Sickles, Pope, Ord,

and Sheridan. None of these remained in his district until

reconstruction was completed. To Schofield's command in the first

district succeeded in turn Stoneman, Webb, and Canby; Sickles gave way

to Canby, and Pope to Meade; Ord in the fourth district was followed by

Gillem, McDowell, and Ames; Sheridan, in the fifth, was succeeded by

Griffen, Mower, Hancock, Buchanan, Reynolds, and Canby. Some of the

generals were radical; others, moderate and tactful. The most extreme

were Sheridan, Pope, and Sickles. Those most acceptable to the whites

were Hancock, Schofield, and Meade. General Grant himself became more

radical in his actions as he became involved in the fight between

Congress and the President.

Military rule was established in the South with slight friction, but it

was soon found that the reconstruction laws were not sufficiently clear

on two points: first, whether there was any limit to the authority of

the five generals over the local and state governments and, if so,

whether the limiting authority was in the President; and second, whether

the disfranchising provisions in the laws were punitive and hence to be

construed strictly. Attorney-General Stanbery, in May and June, 1867,

drew up opinions in which he maintained that the laws were to be

considered punitive and therefore to be construed strictly. After

discussions in cabinet meetings these opinions received the approval of

all except Stanton, Secretary of War, who had already joined the radical

camp. The Attorney-General's opinion was sent out to the district

commanders for their information and guidance. But Congress did not

intend to permit the President or his Cabinet to direct the process of

reconstruction, and in the Act of July 19, 1867, it gave a radical

interpretation to the reconstruction legislation, declared itself in

control, gave full power to General Grant and to the district commanders

subject only to Grant, directed the removal of all local officials who

opposed the reconstruction policies, and warned the civil and military

officers of the United States that none of them should "be bound in his

action by any opinion of any civil officer of the United States." This

interpretive legislation gave a broad basis for the military government

and resulted in a severe application of the disfranchising provisions of

the laws.

The rule of the five generals lasted in all the States until June, 1868,

and continued in Mississippi, Texas, Virginia, and Georgia until 1870.

There had been, to be sure, some military government in 1865, subject,

however, to the President, and from 1865 to 1867 the army, along with

the Freedmen's Bureau, had exerted a strong influence in the government

of the South, but in the régime now inaugurated the military was

supreme. The generals had a superior at Washington, but whether it was

the President, General Grant, or Congress was not clear until the Act of

July 19, 1867 made Congress the source of authority.

The power of the generals most strikingly appeared in their control of

the state governments which were continued as provisional organizations.

Since no elections were permitted, all appointments and removals were

made from military headquarters, which soon became political beehives,

centers of wirepulling and agencies for the distribution of spoils. At

the outset civil officers were ordered to retain their offices during

good behavior, subject to military control. But no local official was

permitted to use his influence ever so slightly against reconstruction.

Since most of them did not favor the policy of Congress, thousands were

removed as "obstacles to reconstruction." The Governors of Georgia,

Louisiana, Virginia, Mississippi, and Texas were displaced and others

appointed in their stead. All kinds of subordinate offices rapidly

became vacant. New appointments were nearly always carpetbaggers and

native radicals who could take the "ironclad" oath. The generals

complained that there were not enough competent native "loyalists" to

fill the offices, and frequently an army officer was installed as

governor, treasurer, secretary of state, auditor, or mayor. In nearly

all towns the police force was reorganized and former Federal soldiers

were added to the force, while the regular troops were used for general

police purposes and for rural constabulary.

Over the administration of justice the military authorities exercised a

close supervision. Instructions were sent out to court officers covering

the selection of juries, the suspension of certain laws, and the rules

of evidence and procedure. Courts were often closed, court decrees set

aside or modified, prisoners released, and many cases reserved for trial

by military commission. Some commanders required juries to admit negro

members and insisted that all jurors take the "ironclad" test oath.

There was some attempt at regulating the Federal courts but without much

success.

Since the state legislatures were forbidden to meet, much legislation

was enacted through military orders. Stay laws were enacted, the color

line was abolished, new criminal regulations were promulgated, and the

police power was invoked in some instances to justify sweeping measures,

such as the prohibition of whisky manufacture in North Carolina and

South Carolina. The military governors levied, increased, or decreased

taxes and made appropriations which the state treasurers were forced to

pay, but they restrained the radical conventions, all of which wished to

spend much money. According to the Act of March 23, 1867, the generals

and their appointees were to be paid by the United States, but in

practice the running expenses of reconstruction were paid by the state

treasurers.

Any attempt to favor the Confederate soldiers was frowned upon. Laws

providing wooden legs and free education for crippled Confederates were

suspended. Militia organizations and military schools were forbidden. No

uniform might be worn, no parades were permitted, no memorial and

historical societies were to be organized, and no meeting of any kind

could be held without a permit. The attempt to control the press

resulted in what one general called "a horrible uproar." Editors were

forbidden to express themselves too strongly against reconstruction;

public advertising and printing were awarded only to those papers

actively supporting reconstruction. Several newspapers were suppressed,

a notable example being the Tuscaloosa Independent Monitor, whose

editor, Ryland Randolph, was a picturesque figure in Alabama journalism

and a leader in the Ku Klux Klan.

The military administration was thorough, and, as a whole honest and

efficient. With fewer than ten thousand soldiers the generals maintained

order and carried on the reconstruction of the South. The whites made no

attempt at resistance, though they were irritated by military rule and

resented the loss of self-government. But most Southerners preferred the

rule of the army to the alternative reign of the carpetbagger, scalawag,

and negro. The extreme radicals at the North, on the other hand, were

disgusted at the conservative policy of the generals. The apathy of the

whites at the beginning of the military reconstruction excited surprise

on all sides. Not only was there no violent opposition, but for a few

weeks there was no opposition at all. The civil officials were openly

unsympathetic, and the newspapers voiced dissent not untouched with

disgust; others simply could not take the situation seriously because it

seemed so absurd; many leaders were indifferent, while others--among

them, Generals Lee, Beauregard, and Longstreet, and Governor

Patton--without approving the policy, advised the whites to coöperate

with the military authorities and save all they could out of the

situation. General Beauregard, for instance, wrote in 1867: "If the

suffrage of the negro is properly handled and directed we shall defeat

our adversaries with their own weapons. The negro is Southern born. With

education and property qualifications he can be made to take an interest

in the affairs of the South and in its prosperity. He will side with the

whites."

Northern observers who were friendly to the South or who disapproved of

this radical reconstruction saw the danger more clearly than the

Southerners themselves, who seemed not to appreciate the full

implication of the situation. In this connection the New York Herald

remarked:

We may regard the entire ten unreconstructed Southern States, with

possibly one or two exceptions, as forced by a secret and overwhelming

revolutionary influence to a common and inevitable fate. They are all

bound to be governed by blacks spurred on by worse than blacks--white

wretches who dare not show their faces in respectable society anywhere.

This is the most abominable phase barbarism has assumed since the dawn

of civilization. It was all right and proper to put down the rebellion.

It was all right perhaps to emancipate the slaves.... But it is not

right to make slaves of white men even though they may have been former

masters of blacks. This is but a change in a system of bondage that is

rendered the more odious and intolerable because it has been inaugurated

in an enlightened instead of a dark and uncivilized age.

The political parties rapidly grouped themselves for the coming

struggle. The radical Republican party indeed was in process of

organization in the South even before the passage of the reconstruction

acts. Its membership was made up of negroes, carpetbaggers, or Northern

men who had come in as speculators, officers of the Freedmen's Bureau

and of the army, scalawags or Confederate renegades, "Peace Society"

men, ¹ and Unionists of Civil War times, with a few old Whigs who could

not yet bring themselves to affiliate with the Democrats. At first it

seemed that a respectable number of whites might be secured for the

radical party, but the rapid organization of the negroes checked the

accession of whites. In the winter and spring of 1866-67 the negroes

near the towns were well organized by the Union League and the

Freedmen's Bureau and then, after the passage of the reconstruction

acts, the organizing activities of the radical chieftains shifted to the

rural districts. The Union League was greatly extended; Union League

conventions were held to which local whites were not admitted; and the

formation of a black man's party was well on the way before the

registration of the voters was completed. Visiting statesmen from the

North, among them Henry Wilson of Massachusetts and "Pig Iron" Kelley of

Pennsylvania, toured the South in support of the radical program, and

the registrars and all Federal officials aided in the work.

¹ See The Day of the Confederacy, by Nathaniel W. Stephenson (in The

Chronicles of America), p. 121, footnote.

The whites, slow to comprehend the real extent of radicalism, were

finally aroused to the necessity of organizing, if they were to

influence the negro and have a voice in the conventions. The old party

divisions were still evident. With difficulty a portion of the Whigs

were brought with the Democrats into one conservative party during the

summer and fall of 1867, though many still held aloof. The lack of the

old skilled leadership was severely felt. In places where the white

man's party was given a name it was called "Democratic and

Conservative," to spare the feelings of former Whigs who were loath to

bear the party name of their quondam opponents.

The first step in the military reconstruction was the registration of

voters. In each State a central board of registrars was appointed by the

district commander and a local board for every county and large town.

Each board consisted of three members--all radicals--who were required

to subscribe to the "ironclad" oath. In several States one negro was

appointed to each local board. The registrars listed negro voters during

the day, and at night worked at the organization of a radical Republican

party. The prospective voters were required to take the oath prescribed

in the Reconstruction Act, but the registrars were empowered to go

behind the oath and investigate the Confederate record of each

applicant. This authority was invoked to carry the disfranchisement of

the whites far beyond the intention of the law in an attempt to destroy

the leadership of the whites and to register enough negroes to outvote

them at the polls. For this purpose the registration was continued until

October 1, 1867, and an active campaign of education and organization

carried on.

At the close of the registration, 703,000 black voters were on the rolls

and 627,000 whites. In Alabama, Louisiana, South Carolina, Florida, and

Mississippi there were black majorities, and in the other States the

blacks and the radical whites together formed majorities. The white

minorities included several thousand who had been rejected by the

registrars but restored by the military commanders. Though large numbers

of blacks were dropped from the revised rolls as fraudulently

registered, the registration statistics nevertheless bore clear witness

to the political purpose of those who compiled them.

Next followed a vote on the question of holding a state convention and

the election of delegates to such a convention if held--a double

election. The whites, who had been harassed in the registration and who

feared race conflicts at the elections, considered whether they ought

not to abstain from voting. By staying away from the polls, they might

bring the vote cast in each State below a majority and thus defeat the

proposed conventions for, unless a majority of the registered voters

actually cast ballots either for or against a convention, no convention

could be held. Nowhere, however, was this plan of not voting fully

carried out, for, though most whites abstained, enough of them voted

(against the conventions, of course) to make the necessary majority in

each State. The effect of the abstention policy upon the personnel of

the conventions was unfortunate. In every convention there was a radical

majority with a conservative and all but negligible minority. In South

Carolina and Louisiana there were negro majorities. In every State

except North Carolina, Texas, and Virginia the negroes and the

carpetbaggers together were in the majority over native whites. The

conservative whites were of fair ability; the carpetbaggers and

scalawags produced in each convention a few able leaders, but most of

them were conscienceless political soldiers of fortune; the negro

members were inexperienced, and most of them were quite ignorant, though

a few leaders of ability did appear among them. In Alabama, for example,

only two negro members could write, though half had been taught to sign

their names. They were barbers, field hands, hack drivers, and servants.

A negro chaplain was elected who invoked divine blessings on "unioners

and cusses on rebels." It was a sign of the new era when the convention

specially invited the "ladies of colored members" to seats in the

gallery.

The work of the conventions was for the most part cut and dried, the

abler members having reached a general agreement before they met. The

constitutions, mosaics of those of other States, were noteworthy only

for the provisions made to keep the whites out of power and to regulate

the relations of the races in social matters. The Texas constitution

alone contained no proscriptive clauses beyond those required by the

Fourteenth Amendment. The most thoroughgoing proscription of

Confederates was found in the constitutions of Mississippi, Alabama, and

Virginia; and in these States the voter must also purge himself of guilt

by agreeing to accept the "civil and political equality of all men" or

by supporting reconstruction. Only in South Carolina and Louisiana were

race lines abolished by law.

The legislative work of the conventions was more interesting than the

constitution making. By ordinance the legality of negro marriages was

dated from November, 1867, or some date later than had been fixed by the

white conventions of 1865. Mixed schools were provided in some States;

militia for the black districts but not for the white was to be raised;

while in South Carolina it was made a penal offense to call a person a

"Yankee" or a "nigger." Few of the negro delegates demanded proscription

of whites or social equality; they wanted schools and the vote. The

white radicals were more anxious to keep the former Confederates from

holding office than from voting. The generals in command everywhere used

their influence to secure moderate action by the conventions, and for

this they were showered with abuse.

As provided by the reconstruction acts, the new constitutions were

submitted to the electorate created by those instruments. Unless a

majority of the registered voters in a State should take part in the

election the reconstruction would fail and the State would remain under

military rule. The whites now inaugurated a more systematic policy of

abstention and in Alabama, on February 4, 1868, succeeded in holding the

total vote below a majority. Congress then rushed to the rescue of

radicalism with the act of the 11th of March, which provided that a mere

majority of those voting in the State was sufficient to inaugurate

reconstruction. Arkansas had followed the lead of Alabama, but too late;

in Mississippi the constitution was defeated by a majority vote; in

Texas the convention had made no provision for a vote; and in Virginia

the commanding general, disapproving of the work of the convention,

refused to pay the expenses of an election. In the other six States the

constitutions were adopted. ¹

¹ Except in Texas, the work of constitution making was completed between

November 5, 1867, and May 18, 1868.

These elections gave rise to more violent contests than before. They

also were double elections, as the voters cast ballots for state and

local officials and at the same time for or against the constitution.

The radical nominations were made by the Union League and the Freedmen's

Bureau, and nearly all radicals who had been members of conventions were

nominated and elected to office. The negroes, expecting now to reap some

benefits of reconstruction, frequently brought sacks to the polls to

"put the franchise in." The elections were all over by June, 1868, and

the newly elected legislatures promptly ratified the Fourteenth

Amendment.

It now remained for Congress to approve the work done in the South and

to readmit the reorganized States. The case of Alabama gave some

trouble. Even Stevens, for a time, thought that this State should stay

out; but there was danger in delay. The success of the abstention policy

in Alabama and Arkansas and the reviving interest of the whites

foreshadowed white majorities in some places; the scalawags began to

forsake the radical party for the conservatives; and there were

Democratic gains in the North in 1867. Only six States, New York and

five New England States, allowed the negro to vote, while four States,

Minnesota, Michigan, Kansas, and Ohio, voted down negro suffrage after

the passage of the reconstruction acts. The ascendancy of the radicals

in Congress was menaced. The radicals needed the support of their

radical brethren in Southern States and they could not afford to wait

for the Fourteenth Amendment to become a part of the Constitution or to

tolerate other delay. On the 22d and the 25th of June acts were

therefore passed admitting seven States, Alabama included, to

representation in Congress upon the "fundamental condition" that "the

constitutions of neither of said States shall ever be so amended or

changed as to deprive any citizens or class of citizens of the United

States of the right to vote in said State, who are entitled to vote by

the constitution thereof herein recognized."

The generals now turned over the government to the recently elected

radical officials and retired into the background. Military

reconstruction was thus accomplished in all the States except Virginia,

Mississippi, and Texas.

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