ILLUSTRATED WITH PHOTOGRAPHS
In consequence of the threatening situation which the President's reactionary policy had precipitated, the belief grew stronger and stronger in the Northern country that the predominance of the Republican party was—and would be for a few years, at least—necessary for the safety and the honor of the Republic; and steps taken to insure that predominance, even such as would have in less critical times evoked strong criticism, were now looked upon with seductive leniency of judgment. Mr. Stockton of New Jersey was unseated in the Senate upon grounds which would hardly pass muster in ordinary times, to make room for a Republican successor, and even Mr. Fessenden approved the transaction. Advantage was taken in the same body of the sickness or casual absence of some Democratic senator to rush through a vote when a two-thirds majority was required to kill a veto; and other proceedings were resorted to at a pinch which were hardly compatible with the famous "courtesy of the Senate." But there was more thorough and lasting work to be done to prepare for the full restoration of the States lately in rebellion. The Republican majority was by no means of one mind as to the constitutional status of the communities that had been in insurrection against the National Government. I have already spoken of the theory of State-suicide advanced by Mr. Stevens and a comparatively small school of extremists. The theory most popular with most of the Republicans, which was finally formulated by the Joint Committee on Reconstruction, was that the rebel States had not been out of the Union, but had lost their working status inside of the Union, and had to be restored to their regular constitutional relations to the Union by action of Congress, upon such conditions as Congress might deem proper.
To meet the dangers which so far had become visible on the horizon, the Joint Committee on Reconstruction devised the Fourteenth Amendment to the Constitution, which was long and laboriously debated in both Houses. In the form in which it was finally adopted it declared (1) that all persons born or naturalized in the United States are citizens of the United States and of the States in which they reside, and that no State shall make or enforce any law abridging the privileges or immunities of citizens, nor deprive any person of life, liberty, or property without due process of law, nor deny to any person the equal protection of the laws; (2) that if in any State the right to vote at any election for the choice of national or State officers is denied or in any way abridged, except for participation in rebellion, or other crime, the basis of representation in Congress or the electoral college shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State; (3) that no person who had taken part in the rebellion, having previously, as a national or State officer, military or civil, sworn to support the Constitution of the United States, shall be a Senator or Representative in Congress or hold any office, civil or military, under the United States, or any State, unless relieved of that disability by a two-thirds vote of each house of Congress; (4) that the validity of the public debt of the United States shall not be questioned, nor shall any debt or obligation contracted in aid of rebellion, or any claim for emancipated slaves be paid.
The Fourteenth Amendment
Thus the Fourteenth Amendment stopped short of the extension of the suffrage to negroes—a subject which many Republicans were still afraid to touch directly. But by implication it punished the States denying that extension by reducing the basis of representation; it excluded from office, unless relieved of the disability by a two-thirds vote of Congress, the most influential class of those who had taken an active part in the rebellion; and it safeguarded the public debt. With only one of its provisions serious fault could be found;—not with that which guaranteed to the freedmen the essential civil rights of free men, nor with that which excluded the freedmen from the basis of representation—so long as they were not permitted to vote. Only the advocates of negro suffrage might logically have objected to this clause; inasmuch as it by implication recognized the right of a State to exclude the colored people from the suffrage if the State paid a certain penalty for such exclusion. Neither could the clause safeguarding the public debt and prohibiting the payment of debts incurred in aid of the rebellion be objected to. The really exceptionable provision was that which excluded so large a class of Southern men from public office, and just that class with which a friendly understanding was most desirable. The provision that their disqualification could be removed by a two-thirds vote in each House of Congress mended the mischief thus done a little, but not enough for the public good.
It was not expressly enacted, but it was generally understood, that those of the States lately in rebellion, which ratified the Fourteenth Amendment, would thereby qualify themselves for full restoration in the Union. Tennessee, where a faction of the Union party hostile to President Johnson had gained the ascendency, did so, and was accordingly fully restored by the admission to their seats in Congress of its Senators and Representatives. The full restoration of the other late rebel States would probably have been expedited in the same way, had they followed the example of Tennessee. But President Johnson, as became publicly known in one or two instances, obstinately dissuaded them from doing so, and the fight went on. He also vetoed a second Freedmen's Bureau bill in which some of the provisions he had objected to in his veto of the first were remedied. But things had now come to such a pass between Congress and the President that his veto messages were hardly considered worth listening to, but were promptly overruled almost without debate by two-thirds votes in each House.
A Campaign to Destroy a President
Under such circumstances the Congressional election of 1866 came on. The people were to pronounce judgment between the President and Congress. The great quarrel had created excitement so intense as to affect men's balance of mind. About the time of the assembling of Congress Mr. Preston King of New York (the same rotund gentleman with whom, in the National Convention of 1860, I conducted Mr. Ashmun to the chair), who had been a Senator of the United States and had been appointed Collector of Customs by President Johnson, committed suicide by jumping into the North River from a ferry-boat. He had been a Republican of the radical type, and when he took the office he supposed the President to be of the same mind; but Mr. Johnson's course distressed him so much that he became melancholy; his brain gave way, and he sought relief in death. Another suicide which greatly startled the country a few months later, that of Senator Lane of Kansas, was attributed to a similar cause. "Jim" Lane had been one of the most famous free-State fighters in Kansas Territory. Since then he was ranked among the extreme anti-slavery men and as a Senator he was counted upon as a firm opponent of President Johnson's policy. To the astonishment of everybody he voted against the Civil Rights bill. This somewhat mysterious change of front, which nobody seemed able satisfactorily to explain, cost him his confidential intercourse with his former associates in the Senate, and brought upon him stinging manifestations of disapproval from his constituents. He was reported to have expressed profound repentance of what he had done and finally made away with himself as one lost to hope. He was still in the full vigor of manhood—only fifty-one years old—when he sought the grave.
