The Struggle between President Johnson and Congress over Reconstruction

by Charles E. Chadsey

On the same day that he issued the Amnesty Proclamation, President Johnson appointed William W. Holden Provisional Governor of North Carolina.[52] This was his first radical step in the carrying out of his policy of reconstruction. The order restoring the authority of the United States in Virginia was not of so great importance, as the State had nominally been under the Pierpiont government since near the beginning of the war, and the mere restoration of certain United States officers in that State did not involve to any extent the vital questions of the hour.[53] But with the appointment of Mr. Holden, and the instructions accompanying the order of appointment, President Johnson unfolded, in its entirety, his theory.

The order declared that the rebellion, though now almost entirely overcome, had deprived the people of North Carolina of all civil government, and that accordingly the United States was constitutionally bound to secure to them a republican form of government. Therefore for the purpose of enabling the people to organize a government, he appointed William W. Holden Provisional Governor of North Carolina, whose duty it should be “at the earliest practicable period, to prescribe such rules and regulations as may be necessary and proper for convening a convention, composed of delegates to be chosen by that portion of the people of said State who are loyal to the United States, and no others, for the purpose of altering or amending the constitution thereof; and with authority to exercise, within the limits of said state, all the powers necessary and proper to enable such loyal people of the State of North Carolina to restore said State to its constitutional relations to the Federal government, and to present such a republican form of state government as will entitle the State to the guarantee of the United States therefor, and its people to protection by the United States against invasion, insurrection, and domestic violence,” provided, however, that all electors should have previously taken the oath of allegiance, and should be voters according to the law of North Carolina in force previous to secession. The order further directed that the Provisional Governor should be aided by the military power in carrying out the proclamation. The other clauses were similar to clauses in the order re-establishing the authority of the United States in Virginia.

Similar proclamations were issued as follows: June 13, for Mississippi; June 17, for Georgia and Texas; June 21, for Alabama; June 30, for South Carolina; July 13, for Florida.

Within three months after his inauguration, accordingly, Johnson had set the forces going throughout the South by which he hoped that peace and tranquillity might be established, and the Union once more become an undivided whole. In the execution of this most important work, he had not asked for the co-operation or advice of Congress. Confident of the correctness of his ideas, feeling sure that they were only the logical results of a true interpretation of the Constitution, he pursued his policy of reconstruction. In so doing he was also consistently following the path marked out by his predecessor. His plan was essentially that which Lincoln had advocated and attempted to carry into execution. But we have seen that even under a man enjoying such universal confidence as did Lincoln, the country viewed with distrust, and Congress openly resented, a policy which seemed to commit to a recently insurrectionary people the whole responsibility for proper reconstruction, requiring from them no surety for sincerity save an oath which all knew would be regarded by the majority as a mere form with little significance. The same policy when adopted by Johnson was naturally looked upon with still more suspicion.

Lincoln was a man of tact and judgment, who was capable of seeing and confessing a mistake, whose sole object was to do that which, all things being considered, should seem best for the Union.

Johnson, on the contrary, from his natural arbitrariness and narrowness, was a man who held most tenaciously to his views, had little consideration for the views of others, and who was always determined that his own way should be carried out. Under such circumstances it would have been little short of marvelous, had he been able to carry out a policy in itself disliked, without sooner or later coming into collision with those who disapproved his theory.

The provisional governors appointed were not slow in carrying out the provisions of the proclamations, and conventions met in the various states as follows: Mississippi, August 14; Alabama, September 12; South Carolina, September 13; North Carolina, October 2; Georgia, October 25; Florida, October 25; and Texas in March, 1866. In all these conventions the secession ordinances were repealed, annulled or declared null and void,[54] and slavery was declared abolished. All but Mississippi and South Carolina repudiated the rebel debt, and all but Mississippi and Texas ratified the 13th Amendment.

Meanwhile Johnson made liberal use of the pardoning power, and large numbers of the excepted classes were thus restored to all the privileges of citizens of the United States. The reconstruction was very rapid; so rapid, as Johnson himself said, that he could scarcely realize it; “it appears like a dream.”

The extreme similarity of this method of reconstruction to that advocated by the Democracy could not escape attention, and Democrats freely asserted that in his ideas the President was “going over to them.” This, while to a certain extent true, for he was always a Democrat in principle, was vigorously denied by Johnson in an interview with Geo. L. Stearns on October 3, 1865. In it he claimed that the Democratic party, finding its own views untenable, was gradually coming to adopt his principles, which he reasserted in the following form: “The States are in the Union, which is one and indivisible. Individuals tried to carry them out, but did not succeed, as a man may try to cut his throat and be prevented by the bystanders; and you can not say he cut his throat because he tried to do it. * * * Now we want to reconstruct the state governments, and have the power to do it. The state institutions are prostrated, laid out on the ground, and they must be taken up and adapted to the progress of events; this cannot be done in a moment. * * * We must not be in too much of a hurry; it is better to let them reconstruct themselves than to force them to do it; for if they go wrong the power is in our hands, and we can check them in any stage, to the end, and oblige them to correct their errors; we must be patient with them. I did not expect to keep out all who were excluded from the amnesty, or even a large number of them; but I intended they should sue for pardon, and so realize the enormity of the crime they had committed.”

7. Johnson realized that the sentiment in favor of negro suffrage was gaining great power in the North; and while feeling that pure manhood suffrage was undesirable and totally impracticable, because of the danger of thereby creating a “war of races,” which he seemed constantly to fear, he determined to use his influence towards a gradual introduction of the suffrage. He would give the suffrage to negroes who had served in the army, to those who could read and write, and to those owning real estate to the value of two hundred and fifty dollars. He made suggestions of this nature in letters to Governor Starkey of Mississippi, and Governor Hahn of Louisiana.[55] By some such limited suffrage he hoped that the radical element in the North would be satisfied, while there could result no danger to those States in which the negro population predominated.