Two men in the Republican party wielded the chief power in influencing that party to adopt the theory of reconstruction which was finally to prevail as the congressional theory.[34] One was Thaddeus Stevens of Pennsylvania, and the other Charles Sumner, of Massachusetts. The latter was a recognized leader of the Senate, and his views concerning the mutual relations of the States in rebellion and the federal government were clearly expressed in a series of resolutions which he submitted February 11, 1862. These resolutions, although never brought forward for consideration, were printed, and coming from so influential a man had considerable influence in shaping the general attitude of Congress towards the question, and affected to some extent its future policy. They[35] were nine in number, with a well-worded preamble which put forward as a premise that “the extensive territory, thus usurped by these pretended governments, and organized into a hostile confederacy, belongs to the United States, as an inseparable part thereof, under the sanction of the Constitution, to be held in trust for the inhabitants in the present and future generations, * * * The Constitution, which is the supreme law of the land, cannot be displaced in its rightful operation within this territory, but must ever continue the supreme law thereof.”
The first resolution declares that a vote of secession is void as 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 which 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.”
The second resolution denies the constitutional existence of the Confederate States. The third and fourth declare that the termination of a State terminates its peculiar local institutions, therefore slavery ceases to exist; and the fifth, sixth and seventh declare it necessary not to recognize or tolerate slavery. The eighth declares the obligation of the United States to protect all inhabitants, “without distinction of color or class.” The ninth declares that Congress, in pursuance of the duties cast upon it by the total extinction of the States and by the constitutional obligation that the “United States shall guarantee to every State in this Union a republican form of government,”[36] “will assume complete jurisdiction of such vacated territory where such unconstitutional and illegal things have been attempted, and will proceed to establish therein republican forms of government under the Constitution; and in execution of this trust will provide carefully for the protection of all the inhabitants thereof, for the security of families, the organization of labor, the encouragement of industry, and the welfare of society, and will in every way discharge the duties of a just, merciful, and paternal government.”
Thaddeus Stevens, although recognized as one of the foremost men of the Republican party, advocated from the very commencement of hostilities views of so radical a nature, that he was looked upon by many as a fanatic. His influence accordingly worked in a different way from Sumner’s. At no time did he consolidate his views into a series of resolutions, but upon every occasion where the subject could be touched upon, no matter how indirectly the topic might refer to it, he would state his theory of the relation of the seceded States to the Union. Persistently and consistently he advocated it; and he took pleasure in considering himself as in advance of his party, a prophet, pointing out the only right road, confident that sooner or later his party would see the wisdom of his policy and adopt it. Throughout those tempestuous years, his undaunted faith in the infallibility of his plan served to keep it constantly in mind, and attracted to him a constantly increasing number of followers, until at the beginning of the 39th Congress he obtained control, and became the recognized leader of his party in all matters relating to the Southern States. Though the plan of reconstruction as finally adopted contained many modifications, it was to a great extent the logical outgrowth of the Stevens theory. His whole theory rested upon the simple premise that wherever there is resistance to the Constitution, and that resistance cannot be overthrown without appeal to violent methods, there the Constitution is theoretically as well as practically suspended. As long as such resistance continues, the Constitution remains suspended, and only the law-making and war-making power is able to determine when resistance has ceased. Consequently the federal government would have the undisputed right to treat the South as a conquered territory until there should be no question as to the safety of granting greater privileges. Those States had ceased to be States, consequently the “guarantee clause” had no application. Congress had unrestricted power over them, as simple territories of the federal government. On May 2, 1864, during the discussion of the bill to guarantee republican forms of government to the rebellious States, he declared that the rebellious States “were entitled to no rights under the Constitution and laws, which as to them were abrogated; that they could invoke the aid of neither in their behalf; that they could claim to be treated during the war as belligerents according to the laws of war and the law of nations; that they could claim no other rights than a foreign nation with whom we might be at war; and that they were subject to all the liabilities of such foreign belligerent,” and that “the property of the morally and politically guilty should be taken for public use.”[37]
CHAPTER II.
JOHNSON’S THEORY: THE EXPERIMENT, AND ITS RESULTS.
1. We have briefly reviewed the theories that obtained greater or less consideration during the progress of the war, and have seen that plan had been agreed upon by which the Southern States might resume their normal relations with the rest of the Union. Two or three States had, it is true, been nominally reconstructed under the provisions of the proclamation of December 8, 1863, but their good faith was strongly suspected, and their representatives were not able to secure recognition in Congress. The high personal esteem in which President Lincoln was held had prevented general demonstrations against his policy, but there was a wide-spread suspicion that he was inclined to deal too leniently with a people who had brought so much expense and misery upon the nation. The indignation of the North had increased with the progress of the war, and the belief that the South could be held in check only by the most stringent regulations and requirements was held by many.
2. So long as armed rebellion existed the question of reconstruction was a minor one, the attention of all being chiefly directed to the problem: “How can this rebellion be crushed out, and the South made thoroughly to realize that resistance is useless?” But when Andrew Johnson took the oath of office the rebellion was virtually a thing of the past, and the giant problem for the nation to solve during his administration was: “How shall we treat these conquered States lying helpless, awaiting whatever fate may be allotted them?” No other issue of importance served to offset it. The whole nation was debating the question, and all were waiting to see in what way the Executive would grapple with it.[38]