1.2 The Politics of Reconstruction

Reconstruction—the effort to restore southern states to the Union and to redefine African Americans’ place in American society—began before the Civil War ended. President Abraham Lincoln began planning for the reunification of the United States in the fall of 1863. ¹ With a sense that Union victory was imminent and that he could turn the tide of the war by stoking Unionist support in the Confederate states, Lincoln issued a proclamation allowing southerners to take an oath of allegiance. When just 10 percent of a state’s voting population had taken such an oath, loyal Unionists could then establish governments.² These so-called Lincoln governments sprang up in pockets where Union support existed like Louisiana, Tennessee, and Arkansas. Unsurprisingly, these were also the places that were exempted from the liberating effects of the Emancipation Proclamation.

Initially proposed as a war aim, Lincoln’s Emancipation Proclamation committed the United States to the abolition of slavery. However, the proclamation freed only slaves in areas of rebellion and left more than seven hundred thousand in bondage in Delaware, Kentucky, Maryland, and Missouri as well as in Union-occupied areas of Louisiana, Tennessee, and Virginia.

To cement the abolition of slavery, Congress passed the Thirteenth Amendment on January 31, 1865. The amendment legally abolished slavery “except as a punishment for crime whereof the party shall have been duly convicted.” Section Two of the amendment granted Congress the “power to enforce this article by appropriate legislation.” State ratification followed, and by the end of the year the requisite three fourths of the states had approved the amendment, and four million people were forever free from the slavery that had existed in North America for 250 years.³

Lincoln’s policy was lenient, conservative, and short-lived. Reconstruction changed when John Wilkes Booth shot Lincoln on April 14, 1865, during a performance of Our American Cousin at Ford’s Theater. Treated rapidly and with all possible care, Lincoln nevertheless succumbed to his wounds the following morning, leaving a somber pall over the North and especially among African Americans.

Wartime Congressional Reconstruction

Congressional Republicans believed Lincoln’s plan was too lenient on the former Confederates, especially Confederate leaders. The Radical Republicans in particular opposed Lincoln’s 10% Plan and believed that Congress had the constitutional right to determine admission or readmission of the states. In challenge to the President, Congress passed the Wade-Davis Bill, which required that a majority of eligible voters (white male citizens) must participate in the creation of a new government. To vote or be a delegate to a state constitutional convention, men had to take an “iron-clad” oath declaring they had never voluntarily aided the Confederate war effort. Finally, all officers above the rank of lieutenant in the Confederate Army, and all civil officials would be disenfranchised and not deemed citizens of the United States. These were much harsher penalties than Lincoln’s plan and would punish the vast majority of southern men. Lincoln, ultimately, pocket vetoed the bill.

Presidential Reconstruction

The assassination of Abraham Lincoln propelled Vice President Andrew Johnson into the executive office in April 1865. Johnson, a states’-rights, strict-constructionist, and unapologetic racist from Tennessee, offered southern states a quick restoration into the Union. His Reconstruction plan required provisional southern governments to void their ordinances of secession, repudiate their Confederate debts, and ratify the Thirteenth Amendment. On all other matters, the conventions could do what they wanted with no federal interference. He pardoned all southerners engaged in the rebellion with the exception of wealthy planters who possessed more than $20,000 in property.⁴ The southern aristocracy would have to appeal to Johnson for individual pardons. In the meantime, Johnson hoped that a new class of southerners would replace the extremely wealthy in leadership positions.

Many southern governments enacted legislation that reestablished antebellum power relationships. South Carolina and Mississippi passed laws known as Black Codes to regulate black behavior and impose social and economic control. These laws granted some rights to African Americans, like the right to own property, to marry, or to make contracts. But they also denied fundamental rights. White lawmakers forbade black men from serving on juries or in state militias, refused to recognize black testimony against white people, apprenticed orphaned children to their former masters, and established severe vagrancy laws. Mississippi’s vagrant law required all freedmen to carry papers proving they had means of employment.⁵ If they had no proof, they could be arrested and fined. If they could not pay the fine, the sheriff had the right to hire out his prisoner to anyone who was willing to pay the tax. Similar ambiguous vagrancy laws throughout the South reasserted control over black labor in what one scholar has called “slavery by another name.”⁶ Black codes effectively criminalized black people’s leisure, limited their mobility, and locked many into exploitative farming contracts. Attempts to restore the antebellum economic order largely succeeded.

These laws and outrageous mob violence against black southerners led Republicans to call for a more dramatic Reconstruction. So when Johnson announced that the southern states had been restored, congressional Republicans refused to seat delegates from the newly reconstructed states.

The Growing Rift and Congressional Reconstruction

The growing split between Congress and the president became clearer when Congress passed a bill extending the life of the Freedmen’s Bureau. Created in March 1865, the Bureau of Refugees, Freedmen, and Abandoned Lands (Freedmen’s Bureau) provided emergency food, clothing, and medical care to war refugees, including white southerners, and took charge of settling freedmen on abandoned lands. This was the first time that the American government had engaged in federal aid to its citizens on a wide scale and was very controversial as taking care of its people was not the traditional responsibility of the government.

The new bill extension gave the Bureau the added responsibilities of supervising special courts to resolve disputes involving freedpeople, and establishing schools for black southerners. Although the bill passed with virtually unanimous Republican support, President Johnson vetoed it, and Congress failed to override the veto. Regardless, in its four years of existence, the Freedmen’s Bureau supplied food and medical services, built several thousand schools and some colleges, negotiated several hundred thousand employment contracts between freedpeople and their former masters, and tried to manage confiscated lands. The Bureau was the most controversial aspect of Reconstruction in the South where whites generally hated it and in Washington DC where politicians struggled over its constitutionality. There were abuses within the Bureau as well which contributed to its controversial status. Some Bureau agents were devoted to freedmen’s rights, but others were opportunists looking for ways to exploit the beneficiaries for their own self-interests.

Republicans in Congress responded with a spate of legislation aimed at protecting freedmen and restructuring political relations in the South. Many Republicans were keen to grant voting rights for freedmen in order to build a new powerful voting bloc. Some Republicans, like U.S. congressman Thaddeus Stevens, believed in racial equality, but the majority were motivated primarily by the interest of their political party. The only way to protect Republican interests in the South was to give the vote to the hundreds of thousands of black men. Republicans in Congress responded to the codes with the Civil Rights Act of 1866, the first federal attempt to constitutionally define all American-born residents (except Native peoples) as citizens. The law also prohibited any curtailment of citizens’ “fundamental rights.”⁷

The Fourteenth Amendment developed concurrently with the Civil Rights Act to ensure its constitutionality. The House of Representatives approved the Fourteenth Amendment on June 13, 1866. Section One granted citizenship and repealed the Taney Court’s infamous Dred Scott (1857) decision. Moreover, it ensured that state laws could not deny due process or discriminate against particular groups of people. The Fourteenth Amendment signaled the federal government’s willingness to enforce the Bill of Rights over the authority of the states.

Because he did not believe African Americans deserved equal rights, President Johnson opposed the passage of the Fourteenth Amendment and vetoed the Civil Rights Act. But after winning a two-thirds majority in the 1866 midterm elections, Republicans overrode the veto, and in 1867, they passed the first Reconstruction Act, dissolving state governments and dividing the South into five military districts. Under these new terms, states would have to ratify the Fourteenth Amendment, write new constitutions enfranchising African Americans, and abolish repressive “black codes” before rejoining the union. In the face of President Johnson’s repeated obstructionism, the House of Representatives issued articles of impeachment against the president. Although Johnson narrowly escaped conviction in the Senate, Congress won the power to direct a new phase of Reconstruction. Six weeks later, on July 9, 1868, the states ratified the Fourteenth Amendment, guaranteeing birthright citizenship and “equal protection of the laws.

In the 1868 presidential election, former Union General Ulysses S. Grant ran on a platform that proclaimed, “Let Us Have Peace,” in which he promised to protect the new status quo. On the other hand, the Democratic candidate, Horatio Seymour, promised to repeal Reconstruction. Black southern voters helped Grant win most of the former Confederacy.

Reconstruction brought the first moment of mass democratic participation for African Americans. In 1860, only five states in the North allowed African Americans to vote on equal terms with whites. Yet after 1867, when Congress ordered southern states to eliminate racial discrimination in voting, African Americans began to win elections across the South. In a short time, the South was transformed from an all-white, pro-slavery, Democratic stronghold to a collection of Republican-led states with African Americans in positions of power for the first time in American history.⁸

Through the provisions of the congressional Reconstruction Acts, black men voted in large numbers and also served as delegates to the state constitutional conventions in 1868. Black delegates actively participated in revising state constitutions. One of the most significant accomplishments of these conventions was the establishment of a public school system. While public schools were virtually nonexistent in the antebellum period, by the end of Reconstruction, every southern state had established a public school system.⁹ Republican officials opened state institutions like mental asylums, hospitals, orphanages, and prisons to white and black residents, though often on a segregated basis. They actively sought industrial development, northern investment, and internal improvements.

African Americans served at every level of government during Reconstruction. At the federal level, Hiram Revels and Blanche K. Bruce were chosen as U.S. senators from Mississippi. Fourteen men served in the House of Representatives. At least 270 other African American men served in patronage positions as postmasters, customs officials, assessors, and ambassadors. At the state level, more than 1,000 African American men held offices in the South. P. B. S. Pinchback served as Louisiana’s governor for thirty-four days after the previous governor was suspended during impeachment proceedings and was the only African American state governor until Virginia elected L. Douglas Wilder in 1989. Almost 800 African American men served as state legislators around the South, with African Americans at one time making up a majority in the South Carolina House of Representatives.¹⁰

African American officeholders came from diverse backgrounds. Many had been born free or had gained their freedom before the Civil War. Many free African Americans, particularly those in South Carolina, Virginia, and Louisiana, were wealthy and well-educated, two facts that distinguished them from much of the white population both before and after the Civil War. Some, like Antoine Dubuclet of Louisiana and William Breedlove from Virginia, owned slaves before the Civil War. Others had helped slaves escape or taught them to read, like Georgia’s James D. Porter.

Most African American officeholders, however, gained their freedom during the war. Among them were skilled craftsmen like Emanuel Fortune, a shoemaker from Florida; ministers such as James D. Lynch from Mississippi; and teachers like William V. Turner from Alabama. Moving into political office was a natural continuation of the leadership roles they had held in their former slave communities.

By the end of Reconstruction in 1877, more than two thousand African American men had served in offices ranging from local levee commissioner to U.S. senator.¹¹ When the end of Reconstruction returned white Democrats to power in the South, all but a few African American officeholders lost their positions. After Reconstruction, African Americans did not enter the political arena again in large numbers until well into the twentieth century.

Notes

1. Eric Foner, Reconstruction: America’s Unfinished Revolution, 1863–1877 (New York: HarperCollins, 1988), xxv
2. Statutes at Large, Treaties, and Proclamations of the United States of America, vol. 13 (Boston: Little, Brown, 1866), 737–739, http://www.freedmen.umd.edu/procamn.htm.
3. The House Joint Resolution proposing the 13th amendment to the Constitution, January 31, 1865; Enrolled Acts and Resolutions of Congress, 1789-1999; General Records of the United States Government; Record Group 11; National Archives, https://www.ourdocuments.gov/doc.php?flash=false&doc=40&page=transcript.
4. Andrew Johnson, “Proclamation 179—Granting Full Pardon and Amnesty for the Offense of Treason Against the United States During the Late Civil War,” December 25, 1868, Gerhard Peters and John T. Woolley, The American Presidency Project, http://www.presidency.ucsb.edu/ws/?pid=72360.
5. Edward McPherson, The Political History of the United States of America During the Period of Reconstruction. . . . (Washington, D.C.: Philp and Solomons, 1871), 80–82.
6. Douglas A. Blackmon, Slavery by Another Name: The Re-enslavement of Black Americans from the Civil War to World War II (New York: Random House, 2008).
7. A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774–1875, Statutes at Large, 39th Congress, 1st Session, 27, https://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=014/llsl014.db&recNum=58.
8. Eric Foner, Freedom’s Lawmakers: A Directory of Black Officeholders During Reconstruction (Baton Rouge: LSU Press, 1996).
9. See Ward McAfee, Religion, Race, and Reconstruction: The Public School in the Politics of the 1870s (Albany: SUNY Press, 1998); and Hilary Green, Educational Reconstruction: African American Schools in the Urban South (New York: Fordham University Press, 2016).
10. Foner, Freedom’s Lawmakers.
11. Ibid., xi.