Of the Radicals Sumner was the spokesman most conspicuous in the public eye. But not from him came either the driving force or the direction which ultimately gave them the control of national policy.
Left to himself, Sumner could never have imposed the iron oppression from which it took the South a life-and-death wrestle of ten years to shake itself free. At the worst he would have been capable of imposing a few paper pedantries, such as his foolish Civil Rights Bill, which would have been torn up before their ink was dry. The will and intelligence which dictated the Reconstruction belonged to a very different man, a man entitled to a place not with puzzle-headed pedants or coat-turning professionals but with the great tyrants of history.
Thaddeus Stevens of Pennsylvania was in almost every respect the opposite of his ally, Charles Sumner of Massachusetts. Sumner, empty of most things, was especially empty of humour. Stevens had abundance of humour of a somewhat fierce but very real kind. Some of his caustic strokes are as good as anything recorded of Talleyrand: notably his reply to an apologist of Johnson who urged in the President's defence that he was "a selfmade man." "I am delighted to hear it," said Stevens grimly; "it relieves the Creator of a terrible responsibility." With this rather savage wit went courage which could face the most enormous of tests; like Rabelais, like Danton, he could jest with death when death was touching him on the shoulder. In public life he was not so much careless of what he considered conventions as defiantly happy in challenging them. It gave him keen delight to outrage at once the racial sentiments of the South and the Puritanism of the North by compelling the politicians whom he dominated and despised to pay public court to his mulatto mistress.
The inspiring motive of this man was hatred of the South. It seems probable that this sentiment had its origin in a genuine and honourable detestation of Slavery.
As a practising lawyer in Pennsylvania he had at an earlier period taken a prominent part in defending fugitive slaves. But by the time that he stood forward as the chief opponent of the Presidential policy of conciliation, Slavery had ceased to exist; yet his passion against the former slave-owners seemed rather to increase than to diminish. I think it certain, though I cannot produce here all the evidence that appears to me to support such a conclusion, that it was the negative rather than the positive aspect of his policy that attracted him most. Sumner might dream of the wondrous future in store for the Negro race—of whose qualities and needs he knew literally nothing—under Bostonian tutelage. But I am sure that for Stevens the vision dearest to his heart was rather that of the proud Southern aristocracy compelled to plead for mercy on its knees at the tribunal of its hereditary bondsmen.
Stevens was a great party leader. Not such a leader as Jefferson or Jackson had been: a man who sums up and expresses the will of masses of men. Nor yet such a leader as later times have accustomed us to; a man who by bribery or intrigue induces his fellow-professionals to support him. He was one of those who rule by personal dominance. His courage has already been remarked; and he knew how much fearlessness can achieve in a profession where most men are peculiarly cowardly. It was he who forced the issue between the President and Congress and obtained at a stroke a sort of captaincy in the struggle by moving in the House of Representatives that the consideration of Reconstruction by Congress would precede any consideration of the President's message asking for the admission of the representatives of the reorganized States.
By a combination of forceful bullying and skilful strategy Stevens compelled the House of Representatives to accept his leadership in this matter, but the action of Congress on other questions during these early months of the contest shows how far it still was from accepting his policy. The plan of Reconstruction which the majority now favoured is to be found outlined in the Fourteenth Constitutional Amendment which, at about this time, it recommended for adoption by the States.
The provisions of this amendment were threefold. One, for which a precedent had been afforded by the President's own action, declared that the public debt incurred by the Federal Government should never be repudiated, and also that no State should pay or accept responsibility for any debt incurred for the purpose of waging war against the Federation. Another, probably unwise from the point of view of far-sighted statesmanship but more or less in line with the President's policy, provided for the exclusion from office of all who, having sworn allegiance to the Constitution of the United States, had given aid to a rebellion against its Government. The third, which was really the crucial one, provided a settlement of the franchise question which cannot be regarded as extreme or unreasonable. It will be remembered that the original Constitutional Compromise had provided for the inclusion, in calculating the representation of a State, of all "free persons" and of three-fifths of the "other persons"—that is, of the slaves. By freeing the slaves the representation to which the South was entitled was automatically increased by the odd two-fifths of their number, and this seemed to Northerners unreasonable, unless the freedmen were at the same time enfranchised. Congress decided to recommend that the representation of the South should be greater or less according to the extent to which the Negro population were admitted to the franchise or excluded from it. This clause was re-cast more than once in order to satisfy a fantastic scruple of Sumner's concerning the indecency of mentioning the fact that some people were black and others white, a scruple which he continued to enforce with his customary appeals to the Declaration of Independence, until even his ally Stevens lost all patience with him. But in itself it was not, perhaps, a bad solution of the difficulty. Had it been allowed to stand and work without further interference it is quite likely that many Southern States would have been induced by the prospect of larger representation to admit in course of time such Negroes as seemed capable of understanding the meaning of citizenship in the European sense. Such, at any rate, was the opinion of General Lee, as expressed in his evidence before the Reconstruction Committee.
The South was hostile to the proposed settlement mainly on account of the second provision. It resented the proposed exclusion of its leaders. The sentiment was an honourable and chivalrous one, and was well expressed by Georgia in her protest against the detention of Jefferson Davis: "If he is guilty so are we." But the rejection of the Amendment by the Southern States had a bad effect in the North. It may be convenient here to remark that Davis was never tried. He was brought up and admitted to bail (which the incalculable Greeley found for him), and the case against him was not further pressed. In comparison with almost every other Government that has crushed an insurrection, the Government of the United States deserves high credit for its magnanimity in dealing with the leaders of the Secession. Yet the course actually pursued, more in ignorance than in malice so far as the majority were concerned, probably caused more suffering and bitterness among the vanquished than a hundred executions.
For the Radicals were more and more gaining control of Congress, now openly at war with the Executive. The President had been using his veto freely, and, as many even of his own supporters thought, imprudently. The Republicans were eager to obtain the two-thirds majority in both Houses necessary to carry measures over his veto, and to get it even the meticulous Sumner was ready to stoop to some pretty discreditable manœuvres. The President had taken the field against Congress and made some rather violent stump speeches, which were generally thought unworthy of the dignity of the Chief Magistracy. Meanwhile alleged "Southern outrages" against Negroes were vigorously exploited by the Radicals, whose propaganda was helped by a racial riot in New Orleans, the responsibility for which it is not easy to determine, but the victims of which were mostly persons of colour. The net result was that the new Congress, elected in 1866, not only gave the necessary two-thirds majority, but was more Radical in its complexion and more strictly controlled by the Republican machine than the old had been.