The United States Since the Civil War

by Charles Ramsdell Lingley

It was scarcely to be expected that a man who had fought his way to the fore in eastern Tennessee during those controversial years would possess the characteristics of a diplomat. Even his friends found him uncommunicative, too often defiant and violent in controversy, irritating in manners, indiscreet, and lacking flexibility in the management of men. The messages which he wrote as President were dignified and judicious, and his addresses were not lacking in power, but he was prone to indulge in unseemly repartee with his hearers when speaking on the stump. He exchanged epithets with bystanders who were all too ready to spur him on with their "Give it to 'em, Andy!" and "Bully for you, Andy!" giving the presidency the "ill-savor of a corner grocery" and filling his supporters with amazement and chagrin. The North soon looked upon him as a vulgar boor and remembered that he had been intoxicated when inaugurated as Vice-President. Unhappily, too, he was distrustful by nature, giving his confidence reluctantly and with reserve, so that he was almost without friends or spokesmen in either house of Congress. His policies have commended themselves, on the whole, even after the scrutiny of half a century. The extent to which he was able to put them into effect is part of the history of reconstruction.

The close of the Civil War found the nation as well as the several sections of the country facing a variety of complicated and pressing social, economic and political problems. Vast armies had to be demobilized and re-absorbed into the economic life of the nation. Production of the material of war had to give way to the production of machinery, the building of railroads and the tilling of the soil. The South faced economic demoralization. The federal government had to determine the basis on which the lately rebellious states should again become normal units in the nation, and the civil, social and economic status of the negro had to be readjusted in the light of the outcome of the war. Most of these problems, moreover, had to be solved through political agencies, such as party conventions and legislatures, with all the limitations of partisanship that these terms convey. And they had obviously to be solved through human beings possessed of all the prejudices and passions that the war had aroused: through Andrew Johnson with his force and tactlessness; through able, domineering and vindictive Thaddeus Stevens; through narrow and idealistic Charles Sumner and demagogic Benjamin F. Butler; as well as through finer spirits like William Pitt Fessenden and Lyman Trumbull.

In their attitude toward the South, the people of the North, as well as the politicians, fell into two groups. The smaller or radical party desired a stern reckoning with all "rebels" and the imprisonment and execution of the leaders.[1] They hoped, also, to effect an immediate extension to the negroes of the right to vote. It was this faction that welcomed the accession of Johnson to the Presidency. The other group was much the larger and was inclined toward gentler measures and toward leaving the question of suffrage largely for the future. Lincoln and his Secretary of State, Seward, were representative of this party. The attitude of the South toward the North was more difficult to determine. To be sure the rebellious states were beaten, and recognized the fact. There was general admission that slavery was at an end. But careful observers differed as to whether the South accepted its defeat in good faith and would treat the blacks justly, or whether it was sullen, unrepentant and ready to adopt any measures short of actual slavery to repress the negro.

In theory, the union of the states was still intact. The South had attempted to secede and had failed. Practically, however, the southern states were out of connection with the remainder of the nation and some method must be found of reconstructing the broken federation. President Lincoln had already outlined a plan in his proclamation of December 8, 1863. Excluding the leaders of the Confederacy, he offered pardon to all others who had participated in the rebellion, if they would take an oath of loyalty to the Union and agree to accept the laws and proclamations concerning slavery. As soon as the number of citizens thus pardoned in each state reached ten per cent. of the number of votes cast in that state at the election of 1860, they might establish a government which he would recognize. It was his expectation that a loyal body of reconstructed voters would collect around this nucleus, so that in no great while the entire South would be restored to normal relations. At the same time he called attention to the fact that under the Constitution the admission into Congress of senators and representatives sent by these governments must rest exclusively with the houses of Congress themselves. In pursuance of his policy he had already appointed military governors in states where the federal army had secured a foothold, and they directed the re-establishment of civil government. The radicals opposed the plan because it left much power, including the question of negro suffrage, in the hands of the states. A contest between Congress and the executive was clearly imminent when the assassin's bullet removed the patient and conciliatory Lincoln.

Lincoln's determination to leave control over their restoration as far as possible in the hands of the states was in line with Johnson's Democratic, states-rights theories. Moreover, the new executive retained his predecessor's cabinet, including Seward, whose influence was promptly thrown on the side of moderation. To the consternation of the radicals the President issued a proclamation announcing a reconstruction policy which substantially followed that of Lincoln. Like his predecessor he intended to confine the voting power to the whites, leaving to the states themselves the question whether the ballot should be extended to any of the blacks. Wherever Lincoln had not already acted, he appointed military governors who directed the establishment of state governments, the revival of the functions of county and municipal officials, the repeal of the acts of secession, the repudiation of the war debts, and the election of new state legislatures, governors, senators and representatives. The Thirteenth Amendment to the Constitution, abolishing slavery, was ratified by the new legislatures and declared in effect December 18, 1865.

During the last half of the year, the President's policy met with wide approval among the people of the North, where both Republicans and Democrats expressed satisfaction with his conciliatory attitude. The South was not unpleased, as was indicated by the speed with which men presented themselves for pardon and assisted in setting up new state governments. Nevertheless there were disquieting possibilities of dissension. Northern radicals could be counted upon to oppose so moderate a policy. There was a reaction, too, against the great power which the executive arm of the government had exercised in war time. Congress felt that it had been thrust aside, its functions reduced and its prestige diminished. It could be looked to for an assertion of its desire to dominate reconstruction. Finally when ex-confederates began to be elected to office, many a northerner shook his head and wondered whether the South was attempting to get into the saddle once more.

When Congress convened in December, 1865, its members held a wide variety of opinions in regard to the best method of restoring the confederate states to the Union. On one point, however, there was some agreement—that Congress ought to withhold approval of executive reconstruction until it could decide upon a program of its own. Led by Thaddeus Stevens, the radical leader of the House, a joint congressional committee of fifteen was appointed to report whether any of the southern state governments were entitled to representation in Congress. For the present, all of them, even the President's own state, were to be denied representation. With Stevens as chairman of the House Committee on Reconstruction and Johnson in the President's chair, a battle was inevitable, in which quarter would be neither asked nor given.

Unhappily for themselves, the southern states played unwittingly into the hands of Stevens and his radical colleagues. The outcome of the war had placed upon the freedmen responsibilities which they could not be expected to carry. To many of them emancipation meant merely cessation from work. Vagabondage was common. Rumor was widespread that the government was going to give each negro forty acres of land and a mule, and the blacks loafed about, awaiting the division. The strict regulations which had surrounded the former slave were discarded and it was necessary to accustom him to a new regime. "The race was free, but without status, without leaders, without property, and without education." Fully alive to the dangers of giving unrestricted freedom to so large a body of ignorant negroes, the southern whites passed the "black codes," which placed numerous limitations on the civil liberty of "persons of color." In some cases they were forbidden to carry arms, to act as witnesses in court except in cases involving their own race, and to serve on juries or in the militia. Vagrancy laws enabled the magistrates to set unemployed blacks at work under arrangements that amounted almost to peonage. It is now evident that the South was actuated by what it considered the necessities of its situation and not merely by a spirit of defiance. Yet the fear on the part of the North that slavery was being restored under a disguise was not unnatural. Radical northern newspapers and leading extremists in Congress exaggerated the importance of the codes until they seemed like a systematic attempt to evade the results of the war. As Republican leaders in Congress saw the satisfaction created in the South by the President's policy, and discovered that northern Democrats were rallying to his support, the jealousies of partisanship caused them still further to increase their grip on the processes of reconstruction. A disquieting by-product of the Thirteenth Amendment, abolishing slavery, also began to appear. Hitherto only three-fifths of the negroes had been counted in apportioning representation in the House of Representatives. As soon as the slaves became free, however, they were counted as if they were whites, and thereby the strength of the South in Congress would be increased. It was hardly to be expected that the North would view such a development with satisfaction.

The first action of the leaders in Congress was the introduction of a bill to continue and extend the powers of the Freedmen's Bureau, a federal organization which supervised charitable relief given the negroes, protected them in making contracts for labor and assumed a sort of guardianship over the race in making its transition out of slavery. The new measure was intended to continue this federal tutelage of the blacks. The President's veto of the bill, February 19, 1866, served to widen the breach between him and Congress and thereby postponed still further the admission of the representatives of the southern state governments. Three days later Johnson addressed a crowd which collected before the White House. In the course of his speech he lost control of himself to such an extent as to indulge in undignified remarks and personalities, and even to charge leaders in Congress with seeking to destroy the fundamental principles of American government. Thoughtful men everywhere were dismayed. In the meantime a Civil Rights bill was pending in Congress, the purpose of which was to declare negroes to be citizens of the United States and to give them rights equal to those accorded other citizens, notwithstanding local or state laws and codes. The President objected to the bill as an unconstitutional invasion of the rights of the states, but it was promptly passed over the veto. Scarcely any members of Congress now supported him except the Democrats. The conservative or conciliatory Republicans were lost to him for good. Throughout the North it was felt that protection must be accorded the freedmen against the black codes, and when the President opposed it he lost ground outside of Congress as well as in it. "From that time Johnson was beaten."

Stevens in the House and Sumner and others in the Senate were now in a position to press successfully a stern, congressional reconstruction policy to replace that of the executive. The first item in the radical program was the Fourteenth Amendment, which passed Congress in June, 1866, although it did not become of force until 1868. It contained four sections: (1) making citizens of all persons born or naturalized in the United States and forbidding states to abridge their rights; (2) providing for the reduction of the representation in Congress of any state that denied the vote to any citizens except those guilty of crimes; (3) disabling confederate leaders from holding political office except with the permission of Congress; and (4) prohibiting the payment of confederate debts. The first section was, of course, designed to put the civil rights of the negro into the Constitution where they would be safe from hostile legislation. The second sought to get negro suffrage into the South by indirection at a time when a positive suffrage amendment could not be passed. The third was to take the pardoning power out of executive hands.