In 1862 General Hunter proclaimed the freedom of all slaves in the military sector: Georgia, Florida, and South Carolina. When Lincoln heard of it, he immediately reversed the decree. He preferred gradual, compensated emancipation followed by voluntary emancipation. He persuaded Congress to pass a bill promising Federal aid to any state which set forth a policy of gradual compensated emancipation. Abolitionists said that masters should not be paid for freeing their slaves because slaves were never legitimate property. Congress also established a fund to aid voluntary emigration to either Africa or Latin America. However, few slaves were interested even in compensated emancipation, and the plan received almost no support. Lincoln finally concluded that emancipation had become a military necessity. In September 1862 he issued a preliminary decree promising to free all slaves in rebel territory. On January 1, 1863, the Emancipation Proclamation went into effect. However, slavery continued to be legal in a areas which were not in rebellion. Final abolition of the institution came with the passage of the Thirteenth Amendment after the end of hostilities.
By the end of the war the South became so desperate that the use of slaves in the Army was sanctioned, and they were promised freedom at the end of the conflict. As the end of the war, some questions had been solved and new ones had been created. Lincoln's belief in the fact that the Union was indissoluble had been vindicated, and it was also evident that national unity could not go hand in hand with sectional slavery. But three new questions were now emerging. How should sectional strife be healed? What should be the status of the ex-slave? Who should determine that status?
Reconstruction and Its Failure
At the close of the war more attention was given to the reconstruction of Southern institutions than to the elevation of the ex-slave. While a handful of the Radical Republicans, such as Sumner and Stevens, were aware that slavery had not prepared the ex-slave for participation in a free competitive society, most liberals assumed that the termination of slavery meant the end of their problems. They believed that blacks could immediately enter into community life on an equal footing with other citizens, Any suggestion that the ex-slave needed help to get started drew considerable resentment and hostility from liberals and conservatives alike. With the abolition of the peculiar institution, the anti-slavery societies considered their work finished. Frederick Douglass, however, complained that the slaves were sent out into the world empty-handed. In fact, both the war and emancipation had intensified racial hostility. The ex-slave had not yet been granted his civil rights. At the same time, he was no longer covered by property rights. Therefore he was even more vulnerable to physical intimidation than before.
As the war drew to an end, Lincoln initiated a program aimed at the rapid reconstruction of the South and the healing of sectional bitterness. With only the exclusion of a few Confederate officials, he offered immediate pardon to all who would swear allegiance to the Federal Government. As soon as ten percent of the citizens of any state who had voted in 1860 had taken this oath, a state could then hold local elections and resume home rule. Since almost no blacks had voted in the Southern states in 1860, his plan did nothing to encourage extending the franchise to them. However, he did believe that educated blacks could and should be given the right to vote, but this extension of the franchise was apparently to be determined by each state at some future time.
After Lincoln's assassination, Andrew Johnson further accelerated the pace of reconciliation. Granting personal pardons by the thousands, he initiated a plan for restoration which was even more lenient. Southern states resumed home rule, and, in the Federal election of 1866, they elected scores of Confederate officials to Congress. At the same time other Confederate officials were elected to other local posts throughout the South. One of the most urgent tasks taken up by these new home-rule governments was the determination and definition of the status of the ex-slave. State after state passed black codes which bore an amazing resemblance to those of slavery days. Blacks were not allowed to testify in court against whites. If they quit their jobs, they could be imprisoned for breach of contract. Anyone found without a job could be arrested and fined $50. Those who could not pay the fine were hired out to anyone in the community who would pay the fine. This created a new system of forced labor. At the same time, blacks could be fined for insulting gestures, breaking the curfew, and for possessing firearms. This created the kind of supervision of personal life which was similar to that of slavery. Although the Thirteenth Amendment had made slavery unconstitutional, the South was trying to recreate the peculiar institution in law while not admitting it in name.
Radical Republicans in Congress were outraged both at the unrepentant obstinacy of the South and at the leniency of Johnson's plan for restoration. After refusing to seat many of the Southern delegates to Congress the Radical Republicans went on to pass civil rights legislation which was aimed at protecting the ex-slave from the black codes. President Johnson, however vetoed these bills as well as the Fourteenth Amendment. An enraged Congress passed the civil rights legislation over his veto and came within one vote of impeaching the President. Although impeachment failed, Johnson lost his leadership in the government, and Congress, within two years after the end of the war, began Reconstruction all over again. The first large-scale Congressional hearings in American history were held to investigate the conditions in the South. The investigation documented widespread poverty, physical brutality, and intimidation as well as legal discrimination. The comittee made a detailed examination of the race riots which had occurred in Memphis and New Orleans in which scores of blacks had been killed. It concluded that the New Orleans riot was in fact a police massacre in which dozens of blacks were murdered in cold blood.
Congress removed home rule from the Southern states and divided the area into five military districts. Even those Southerners who had already received federal pardons were now required to swear a stricter oath in order to regain their right to vote. State conventions met to draft new constitutions. These conventions were dominated by a coalition of three groups: new black voters, whites who had come from the North either to make personal fortunes or to help educate the ex-slave, and Southern whites who had never supported the Confederacy. The oath of allegiance required a citizen to swear that he was now and always had been loyal to the Federal Government. This excluded all the Confederate officials. These new Southern reconstruction governments operated under the protection of the Army and with the encouragement of the Federal Government. They strove to reconstruct the South economically, politically, and socially.
They established a system of public education, built many new hospitals, founded institutions for the mentally and physically handicapped, and attempted to reform the penal system. During Reconstruction blacks played a significant political role throughout the South. Besides voting in large numbers, they were elected to local, state, and federal offices. Between 1869 and 1901, two became U. S. Senators and twenty were members of the House of Representatives. Senators Revels and Bruce were elected from Mississippi. P. B. S. Pinchback was elected to the Senate from Louisiana, but he was not permitted to take his seat. He did serve as Lieutenant Governor of Louisiana, and, for three days, was Acting Governor.