Reconstruction (1865-1876)

Main Ideas

• the Civil War has come to an end
  • 600,000 died
  • terrible devastation, especially in the South
  • now it's one nation - maybe
  • face the task of bringing back and reconstructing ravaged, indignant, angry Confederate states
• Questions and Problems
  • How will the South be restored to the Union, and rebuilt?
  • How will the newly-freed blacks be integrated into American society? - 4 million former slaves own nothing; they have been released into the world to fend for themselves
  • Will Congress or the President manage Reconstruction?
  • Should the South be allowed to rebuild themselves?
  • How will former Confederate leaders be dealt with?
  • How will the South's economy be changed to function without slavery?

Lincoln's Plan

• 11 April 1865, two days after Lee's surrender, Lincoln gave his last public address
  • he described a generous Reconstruction policy, urging compassion and open minds
  • to him, the Confederate states were "prodigal sons"
  • calls for welcoming and helping the South
  • says that the nation needs to work together
• 14 April
  • Lincoln met with the Cabinet and discussed post-war rebuilding
  • he wanted the Southern state governments to be back in operation before Congress met in December
    • Lincoln was aware of some hateful members of Congress
    • wanted to start Reconstruction before they could vent their hatred
    • however, he was assassinated, and his plan didn't happen
    • the government was left in the hands of a vindictive Congress
• 10% Plan
  • during wartime, Lincoln's Proclamation of Amnesty and Reconstruction, 1863, proposed a plan for Reconstruction
  • all Southerners could be pardoned and reinstated as US citizens by an oath of allegiance to the Constitution and the Union and a pledge to abide by Emacipation
  • however, high Confederate officials were excluded, including military officers and US judges and Congressmen who had left to join the rebellion
  • these men were not spoken of in terms of treason, though
  • once 10% of the voting population of a state had taken the oath of allegiance, the state governments could be formed and the state could reintegrate into the Union
  • Lincoln did not consult Congress about his plan
  • in 1864, "Lincoln Governments" formed in Louisiana, Tennessee, and Arkansas, as they realised they needed the North to survive as the war was ending

Radical Republicans

• there are two Congressional factions on Reconstruction
  • the majority are moderate Republicans, who support Lincoln
  • the minority, or "Radical Republicans", reject Lincoln's plan
    • their leader in the House was Thaddeus Stevens, in the Senate, Charles Sumner; John Frémont also ran for President in 1864 as a Radical Republican
    • they believed that Lincoln's plan would result in the restoration of slavery and the aristocracy
    • proposed requiring full citizenship for slaves before states could be restored to the Union
    • think that Congress, not the President, should control Reconstruction
    • the Senate has the power to admit states, and they see the Southern states as re-applying, and thus needing Senate approval
• Wade - Davis Bill (July 1864)
  • proposed by the Radical Republicans in response to Lincoln's 10% Plan
  • required 50% of the number of 1860 voters to take an "Ironclad Oath" of allegiance to the US stating that they had never voluntarily aided the rebellion
  • however, many of these white male voters were now dead, due to the war, which would make the 50% very hard to achieve
  • required that a state constitutional convention be held before the election of any state officials, enacting specific safeguards for freedmen's liberties
    • the constitution had to include abolishment of slavery, as the 13th Amendment had yet to be passed
  • they subscribed to the State Suicide theory of Reconstruction
    • started by Massachusetts Senator Charles Sumner
    • states had committed suicide, so they have no rights
  • they also thought that the Southern states could be treated as conquered provinces (Stevens) - Congress could make rules about how and whether to accept them back
  • the bill was pocket-vetoed by Lincoln, who felt that it was too constrictive and interfered with his plans in the "Lincoln government" states such as Louisiana

President Andrew Johnson

• born in North Carolina, orphaned at an early age; he ended up in Tennessee
• self-educated, moved through political ranks - Congressman, governor, Senator
• at the outbreak of the Civil War, he was the only Senator from a seceding state to remain loyal to the Union
• his political career was built around the small farmer, and he abhored the Southern white aristocracy
• doesn't favour slavery, but doesn't work to end it - his real issue is the destruction of the South by the aristocracy
• becomes President after assassination of Lincoln, although he wasn't prepared for the job; he had been put on the ticket (a Democrat) to gain votes from the War Democrats and others who weren't pleased with Lincoln's running of the war
• the Radical Republicans believe he will support them, but they were wrong
• Reconstruction Proclamation
  • similar to Lincoln's
  • agrees with Lincoln that the states had never legally left
  • offered amnesty (with a simple oath) to all, except for Confederate civil and military offices and those with more than $20,000 worth of possessions
  • in new constitutions, the states much accept minimum conditions repudiating slavery, secession, and state debts
  • would name provisional governors to oversee elections, constitutional convention
  • Effects
    • disenfranchised leading Confederates, the ones that run Southern governments; this means that it will take longer for a new government to be established
    • pardoned planter aristocrats to bring them back to political power and re-organise their states
    • Radical Republicans were further antagonised by bringing the planter elite back to power
    • special state conventions to repeal secession and ratify the 13th Amendment were to be held
    • by December 1865, most Southern states were ready to rejoin the Union
      • to Johnson, the Union was now restored
      • when new Southern governments turned out to be very similar to the old ones, the Radical Republicans were able to grow in power
      • moderate Republicans lose power or become radicals
• Freedman's Bureau (1865)
  • established after all slaves were freed
  • "40 acres and a mule" for all the freed slaves was their goal, although this didn't always happen
  • originally established for one year
  • designed to provide
    • land
    • education
    • homesteads
  • start freed slaves on the road to being working, tax-paying, members of society
  • July 1866
    • Congress wanted to extend the life of the Bureau
    • opposition from Johnson, and he vetoes the plan
    • the original plan wasn't too bad, but Congress wanted the Northern military to help the Bureau, which would make the plan too costly
    • Johnson vetoed it not because the Bureau had finished its goals, but because he felt that it was unconstitutional with the military use clause
    • Congress viewed his veto very strongly, and will override the veto
    • this is the beginning of a long struggle between Congress and Johnson
    • the Bureau will last until the 1870s
  • Freedman's Bureau schools
    • over 1000 schools were built by the Bureau
    • these included schools to train teachers
    • several black colleges were also established
  • the Bureau issue is the first of many issues between Jackson and Congress
• Northern Alarm
  • many Southern state constitutions fall short of Jackson's minimum requirements
  • he also granted 13,500 special pardons for the aristocracy and other Southern individuals
  • revival of Souther defiance
  • the Civil War was supposed to be an end, and the North had won
  • but the South becomes more vocal, and doesn't submit to the North
• Black Codes (Jim Crow laws)
  • their purpose was to guarantee a stable labour force
  • want to maintain antebellum conditions
  • the laws ensure that blacks have no rights, identifying them as a separate class
  • Mississippi will pass the first ones, in 1890
  • existing marriages are recognised, but very few other rights/privileges are
  • varied by state, but examples include:
    • cannot be on juries or vote
    • banned from leasing/renting land
    • couldn't carry gun without a licence
    • required to enter labour contracts - essentially legalised slavery
    • could be required to work for no pay if they violated these contracts
    • beggars, drunkards, etc. were arrested, taxed, and put on chain gangs (the 13th Amendment allowed "involuntary servitude" as punishment for crimes)
  • none of these rules applied to whites
  • most of the Southern states had these rules when they re-joined the union, as they wanted to maintain a free labour force
  • many were forced to become sharecroppers or tenant farmers
    • similar to indentured servants
    • toil the soil for the owner of the land
    • at some point, they could purchase the land
    • responsible for anything that goes wrong - if there's a flood, etc. they still had to pay the landlord
    • the South's way of getting the land working again, designed to keep people poor
• Congress Breaks with the President
  • block Southern congressional delegates from entering
  • Joint Committee on Reconstruction is created
  • Feb 1866 - Congress overrode Johnson's veto of the Freedman's Bureau
  • Mar 1866 - Johnson vetoed 1866 Civil Rights Act
    • designed to destroy black codes
    • Congress overrode his veto, making the 2/3 majority without the Southern delegates
    • to ensure that the Civil Rights Act will not be thrown out by a later Congress, the Radical Republicans propose amending the Constitution
• The Fourteenth Amendment (July 1868)
  • the same contents as the Civil Rights Act of 1866
  • written to ensure that the principles of the Act couldn't be repealed - laws could be changed by simple majority, whereas amendments are much more difficult to change
  • ratification became a requirement for re-entry into the Union
  • a radical measure for the time
  • gave state and federal citizenship to all people born or naturalised in the US
  • forbids states from diminishing privileges and immunities of citizenship
  • prohibits any state to deprive any person of life, liberty, or property without due process of law
  • forbids denying equal protection under the law
  • disqualifies former Confederates from holding office at the federal or state level
  • reduces representation of a state in Congress and the Electoral College if they deny blacks the right to vote
  • guarantee the federal debt, while rejecting Confederate debts
  • Johnson recommended that states reject the Amendment
    • the first state to ratify was his home state of Tennessee
    • the other 10 Southern states rejected it, and it led to riots
    • all of these challenges are blamed on Johnson and his policies
• Congressional Bi-Election of 1866
  • Johnson went on a "Swing around the circle" tour, giving speeches in Midwest cities to rally public support for his lenient policy towards the South
  • the Republicans remind voters of the Union's sacrifices during the Civil War
  • it becomes a vote for control of Reconstruction: President or Congress?
  • the Radical Republicans win a 3 to 1 majority in both houses and gain control of all Northern states
  • they now have a "bulletproof" Congress and will be able to override all vetoes
  • if Southern states had ratified the 14th Amendment, they would have been welcomed with open arms; however, they didn't, so Congress began military Reconstruction
• Military Reconstruction Act (March 1867)
  • "final" plan for Reconstruction; this policy would last until roughly 1877
  • determined new conditions for Southern states to rejoin the Union
  • Tennessee would be exempt, as they had already ratified the 14th
  • divides the Confederacy into five military districts
  • each has a Union general and troops, with the generals in charge of the area
  • the Southerners would call them "blue bellies"
  • officers had the power to maintain order and protect the civil rights of all people
  • state would have to ratify the 13th and 14th Amendments, as well as guarantee the black vote in their constitutions to rejoin the Union
  • when states had done so, their representatives would be admitted to Congress and military rule would end
  • Constitutionality question - can the military be used within US borders during peace time?
    • to Congress, the Southern states are not part of the nation, so federal troops can be used
    • the Supreme Court allowed it as not contrary to the "spirit" of the Constitution
• The Fifteenth Amendment (February 1870)
  • the Radical Republicans were still concerned that, after re-admittance, states would amend their constitutions to deny black suffrage
  • they then required Southern states to ratify the 15th Amendment, as well
  • prohibits states from denying the right to vote based on "race, color, or previous condition of servitude"
  • the lack of mention of gender infuriates women's rights movement leaders, such as Stanton and Anthony
    • they had already been outraged by the first including of the word "male" in the Constitution by the 14th
• Impeachment
  • Command of the Army Act
    • the Constitution says that the President must enforce the law, but he might not do so with great vigour
    • says that the President must issue all Reconstruction orders through the commander of the military
    • Johnson is displeased, and his feud with Congress intensifies
  • Tenure of Office Act
    • President can't remove officials without Senate approval if the position originally required Senate approval
    • Johnson decides to test Congress, and removes Secretary of War Edwin Stanton
    • Jackson says that the law doesn't apply because he hadn't appointed Stanton - Lincoln had
    • he also argued (more effectively) that the Act was unconstitutional
  • his impeachment was the first, and one of only two (Clinton being the other)
  • started with the removal of Stanton in February of 1868
  • he's the Commander in Chief, so he also replaced Reconstruction generals with those more favourable to him
  • the House impeached him, 126-47
  • he was charged with 11 articles of impeachment, 8 of which focussed on Stanton
  • Trial in the Senate
    • 11 weeks long
    • the House committee that approved the charges serves as prosecutor
    • Johnson was allowed a defence team
    • a simple majority was needed to impeach, but a 2/3 majority is needed to convict in the Senate
    • he was acquitted 35-19, one short of 2/3, on 16 May 1868
  • Johnson remains in office, but he's so damaged that he's more of a caretaker
  • he agrees with the Radical Republicans to stop obstructing their method of Reconstruction
  • names a Secretary of War who was committed to new Reconstruction laws
  • Congress is now in charge, and the President is not
  • takes until 1926 for the Supreme Court to find the Tenure of Office Act to be unconstitutional
  • many argue that if Johnson had been convicted, it would have set a terrible precedent - wherever Congress disagrees with the President, they could just impeach him; this would undermine the executive branch and separation of powers

Ending Reconstruction

• Challenges to Post-War South
  • collapsed property values, damaged railroads, agricultural difficulties
  • elite planters face economic challenges
  • no workforce
  • slaves face the challenge of what to do with their new freedom
    • nearly 600,000 black students of all ages entered school
    • these schools practised racial segregation in both the South and the North
  • America is becoming two societies - one black, and one white
  • this would be reaffirmed by Plessy v. Ferguson's Supreme Court decision of "separate but equal"
  • some 600 former slaves would become legislators, mayors, sheriffs, etc.
    • 14 in the House, 2 in the Senate (Hiram Revels and Blanche Bruce)
• Carpetbaggers and Redeemers
  • carpetbaggers were Northerners who packed their belongings in carpet bags and went South for economic opportunity and personal power
    • some were bad, but many were teachers, preachers, and other professionals who sought to modernise and Christianise the South
  • scallawags were native Southerners who opposed Reconstruction, but cooperated to advance personal interests
    • they were former Whigs, who joined the Republican Party as a logical successor to the Whig Party
  • other groups didn't want to leave the Civil War, preferring to keep the old society intact
    • the Ku Klux Klan (KKK) started in Tennessee in 1866
    • rode around the South in white masks and robes, terrorising blacks
    • lynched, flogged, mutilated blacks
    • NAACP will try to get a federal anti-lynching act passed, to control the differing state laws
    • Congress wasn't happy with the violence and the lack of local efforts to stop persecution
  • Enforcement Acts
    • designed to stop terrorism and to protect black voters
    • allowed federal government to interfere when states failed to protect citizens, and the military would step in
    • the violence was slowed, but not stopped
    • to a large extent, the damage was already done - blacks live in fear of their lives
  • Redeemers
    • Radical Republican influence diminished, and other issues [Western expansion, industry, corruption, Indian Wars] began to occupy the North
    • by 1876, Radical Republican-backed Southern regimes are collapsing
    • the Democratic Party is reviving itself in the South
    • the Redeemers were Union Whigs and some Democrats who tried to undo the changes to the South
    • many ex-plantation owners were a part of this group, and were mockingly called "Bourbons" by some
    • their rise to power affected blacks and poor whites
    • increased class division and racial violence
  • 1876
    • the war had been over for 10 years
    • Reconstruction had been slow and painful
    • the South had lost much of its leadership and it youth, not much of the "old guard", or the whites, were left
    • some will argue that when their (white) sons begin to come to power, Reconstruction was considered complete
    • this restoration of a generation of white leaders was also occurring at a time when other events demanded the attention of the North
    • Rutherford B. Hayes' victory against Samuel Tilden is seen as the definitive end to Reconstruction