A Political History of the State of New York, Volumes 1-3

by De Alva Stanwood Alexander

On the contrary, General Grant, who had spent a couple of weeks in the South upon the invitation of the President, reported that the mass of thinking men accepted conditions in good faith; that they regarded slavery and the right to secede as settled forever, and were anxious to return to self-government within the Union as soon as possible; that "while reconstructing they want and require protection from the government. They are in earnest in wishing to do what is required by the government, not humiliating to them as citizens, and if such a course was pointed out they would pursue it in good faith."[286]

The North had been too happy over the close of the war and the return of its soldiers to anticipate the next step, but when Thaddeus Stevens of Pennsylvania, the leader of the Radicals, opened the discussion in Congress on December 10 (1865), the people quickly saw the drift of things. Stevens contended that hostilities had severed the original contract between the Southern States and the Union, and that the former, in order to return to the Union, must come in as new States upon terms made by Congress and approved by the President. In like manner he argued that negroes, if denied suffrage, should be excluded from the basis of representation, thus giving the South 46 representatives instead of 83. "But why should slaves be excluded?" demanded Stevens. "This doctrine of a white man's government is as atrocious as the infamous sentiment that damned the late Chief Justice to everlasting fame, and, I fear, to everlasting fire."[287]

Stevens' speech, putting Johnson's policy squarely in issue, was answered by Henry J. Raymond, now the selected and acknowledged leader of the Administration in the House. Raymond had entered Congress with a prestige rarely if ever equalled by a new member. There had been greater orators, abler debaters, and more profound statesmen, but no one had ever preceded him with an environment more influential. He was the favourite of the President; he had been brought into more or less intimate association with all the men of his party worth knowing; he was the close friend of Weed and the recognized ally of Seward; his good will could make postmasters and collectors, and his displeasure, like that of a frigid and bloodless leader, could carry swift penalty. Indeed, there was nothing in the armory of the best equipped politician, including able speaking and forceful writing, that he did not possess, and out of New York as well as within it he had been regarded the earnest friend and faithful champion of Republican doctrines. On the surface, too, it is doubtful if a member of Congress, whether new or old, ever seemed to have a better chance of winning in a debate. Only three months before the people of the North, with great unanimity, had endorsed the President and approved his policy. Besides, the great body of Republicans in Congress preferred to work with the President. He held the patronage, he had succeeded by the assassin's work to the leadership of the party, and thus far had evinced no more dogmatism than Stevens or Sumner. Moreover, the sentiment of the North at that time was clearly against negro suffrage. All the States save six[288] denied the vote to the negro, and in the recent elections three States had specifically declared against extending it to him.

Thus fortified Raymond did not object to speaking for the Administration. To him Stevens' idea of subjecting the South to the discipline and tutelage of Congress was repulsive, and his ringing voice filled the spacious hall of the House with clear-cut sentences. He denied that the Southern States had ever been out of the Union. "If they were," he asked, "how and when did they become so? By what specific act, at what precise time, did any one of those States take itself out of the American Union? Was it by the ordinance of secession? An ordinance of secession is simply a nullity, because it encounters the Constitution which is the supreme law of the land. Did the resolutions of those States, the declaration of their officials, the speeches of the members of their Legislatures, or the utterances of their press, accomplish the result desired? Certainly not. All these were declarations of a purpose to secede. Their secession, if it ever took place, certainly could not date from the time when their intention to secede was first announced. They proceeded to sustain their purpose of secession by arms against the force which the United States brought to bear against them. Were their arms victorious? If they were, then their secession was an accomplished fact. If not, it was nothing more than an abortive attempt—a purpose unfulfilled. They failed to maintain their ground by force of arms. In other words, they failed to secede. But if," he concluded, "the Southern States did go out of the Union, it would make those in the South who resisted the Confederacy guilty of treason to an independent government. Do you want to make traitors out of loyal men?"[289]

Raymond received close attention. Several leaders acknowledged their interest by asking questions, and the congratulations that followed evidenced the good will of his colleagues. His speech had shown none of the usual characteristics of a maiden effort. Without advertising his intention to speak, he obtained the floor late in the afternoon, referred with spirit to the sentiments of the preceding speaker, and moved along with the air of an old member, careless of making a rhetorical impression but intensely in earnest in what he had to present. As an argument in favor of the adoption of a liberal policy toward the South, regardless of its strict legal rights, the speech commended itself to his colleagues as an admirable one, but it entirely failed to meet Stevens' logic that the States lately in rebellion could not set up any rights against the conqueror except such as were granted by the laws of war. In his reply the Pennsylvanian taunted Raymond with failing to quote a single authority in support of his contention. "I admit the gravity of the gentleman's opinion," he said, "and with the slightest corroborating authority should yield the case. But without some such aid I am not willing that the sages of the law—Grotius, Vattel, and a long line of compeers—should be overthrown and demolished by the single arm of the gentleman from New York. I pray the gentleman to quote authority; not to put too heavy a load upon his own judgment; he might sink under the weight. Give us your author."[290]

As the debate continued it became evident the President's friends were losing ground. Aside from the withering blows of Stevens, unseen occurrences which Raymond, in his eagerness to champion Johnson's policy, did not appreciate or willingly ignored, had a most disturbing influence. The Northern people welcomed peace and approved the generosity of the government, but they wanted the South to exhibit its appreciation by corresponding generosity to the government's friends. Its acts did not show this. Enactments in respect to freedmen, passed by the President's reconstructed legislatures, grudgingly bestowed civil rights. A different punishment for the same offence was prescribed for the negroes; apprentice, vagrant, and contract labour laws tended to a system of peonage; and the prohibition of public assemblies, the restriction of freedom of movement, and the deprivation of means of defence illustrated the inequality of their rights. Such laws, for whatever purpose passed, had a powerful effect on Northern sentiment already influenced by reported cruelties, while the Southern people's aversion to Union soldiers settling in their midst intensified the feeling. Moreover, Southern and Democratic support of the President made Republicans distrust his policy. If States can be reconstructed in a summer and congressmen admitted in a winter, it was said, the South, helped by the Democracy of the North, might again be in control of the Government within two years. These considerations were bound to affect the judgment of Republicans, and when Stevens began to talk and the real conditions in the South came to be known, it aroused party indignation to a high pitch in the House.

Raymond, in his brilliant rejoinders, endeavoured to recover lost ground. He had created no enemies. On the contrary his courtesy and tact smoothed the way and made him friends. But after weeks of discussion an effort to adopt a resolution of confidence in the President met with overwhelming defeat. Stevens asked that the resolution be referred to the Committee on Reconstruction—Raymond demanded its adoption at once. On a roll-call the vote stood 32 to 107 in favour of reference, Raymond and William A. Darling of New York City being the only Republicans to vote against it. It was a heavy blow to the leader of the Conservatives. It proved the unpopularity of Johnson's policy and indicated increasing estrangement between the President and his party. Moreover, it was personally humiliating. On a test question, with the whole power of the Administration behind him, Raymond had been able, after weeks of work, to secure the support of only one man and that a colleague bound to him by the ties of personal friendship.

The division in the party spread with the rapidity of a rising thunder cloud. On February 6 Congress passed the Freedman's Bureau Bill, designed to aid helpless negroes, which the President vetoed. A month later his treatment of the Civil Rights Bill, which set in motion the necessary machinery to enforce the Thirteenth Amendment, shattered the confidence of the party. "Surely," declared Senator Trumbull of Illinois, "we have authority to enact a law as efficient in the interest of freedom as we had in the interest of slavery."[291] But the President promptly vetoed it, because, he said, it conferred citizenship on the negro, invaded the rights of the States, had no warrant in the Constitution, and was contrary to all precedent.

The President had developed several undesirable characteristics, being essentially obstinate and conceited, the possessor of a bad temper, and of a coarse and vulgar personality. His speech on February 22, in which he had invoked the wild passions of a mob, modified the opinions even of conservative men. "It is impossible to conceive of a more humiliating spectacle," said Sherman.[292] "During the progress of events," wrote Weed, "the President was bereft of judgment and reason, and became the victim of passion and unreason."[293] But up to this time the party had hoped to avoid a complete break with the Executive. Now, however, the question of passing the Civil Rights Bill over his veto presented itself. Not since the beginning of the government had Congress carried an important measure over a veto. Besides, it meant a complete and final separation between the President and his party. Edwin D. Morgan so understood it, and although he had heretofore sustained the President, he now stood with the Radicals. Raymond also knew the gravity of the situation. But Raymond, who often wavered and sometimes exhibited an astonishing fickleness,[294] saw only one side to the question, and on April 9 when the House, by a vote of 122 to 41, overrode the veto, he was one of only seven Unionists to support the President.[295]

After the passage of the Civil Rights Bill the President's friends proposed to invoke, through a National Union convention to be held at Philadelphia on August 14, the support of conservative Republicans and Democrats. Weed told Raymond of the project and Seward urged it upon him. Raymond expressed a disinclination to go to the convention because it seemed likely to fall into the hands of former Confederates and their Northern associates, and to be used for purposes hostile to the Union party, of which, he said, he was not only a member, but the chairman of its national committee. Seward did not concur in this view. He said it was not a party convention and need not affect the party standing of those who attended it. He was a Union man, he declared, and he did not admit the right of anybody to turn him out of the Union party. Moreover, he wanted Raymond to attend the convention to prevent its control by the enemies of the Union party.