Origins with EmancipationOrigins with Emancipation

Made 13Made 13thth Amendment Inevitable Amendment Inevitable Opened debate on the status of the Opened debate on the status of the

“freedmen”“freedmen” Opened debate on the Opened debate on the

“Reconstructed” South“Reconstructed” South Who would rule?Who would rule? Who would vote?Who would vote? Who would decide?Who would decide?

Key QuestionsKey Questions

1. 1. What is theWhat is thestatus of newly-status of newly-

emancipatedemancipatedblack freedmen?black freedmen?

1. 1. What is theWhat is thestatus of newly-status of newly-

emancipatedemancipatedblack freedmen?black freedmen?

2. What is the status 2. What is the status of the of the

Confederate states?Confederate states?

2. What is the status 2. What is the status of the of the

Confederate states?Confederate states?

3. What branch3. What branchof governmentof governmentshould controlshould controlthe process ofthe process of

Reconstruction?Reconstruction?

3. What branch3. What branchof governmentof governmentshould controlshould controlthe process ofthe process of

Reconstruction?Reconstruction?

President Lincoln’s PlanPresident Lincoln’s Plan“10% Plan”

* Proclamation of Amnesty and Reconstruction (December 8, 1863)

* Replace majority rule with “loyal rule” in the South.

* He didn’t consult Congress regarding Reconstruction.

* Pardon to all but the highest ranking military and civilian Confederate officers.

* When 10% of the voting population in the 1860 election had taken an oath of loyalty and established a government, it would be recognized.

President Lincoln’s “10% Plan”

President Lincoln’s “10% Plan”

1864 “Lincoln Governments” formed in LA, TN, ARK

* “loyal assemblies”

* They were weak and dependent on the Northern army for their survival.

Wade-Davis Bill (1864)Wade-Davis Bill (1864) Required 50% of the

number of 1860 voters to take an “iron clad” oath of allegiance (swearing they had never voluntarily aided the rebellion ).

Required a state constitutional convention before the election of state officials.

Enacted specific safeguards of freedmen’s liberties.

SenatorBenjamin

Wade(R-OH)

Congressman

HenryW. Davis(R-MD)

Wade-Davis Bill (1864)Wade-Davis Bill (1864) “Iron-Clad” Oath.

“State Suicide” Theory [MA Senator Charles Sumner]

“Conquered Provinces” Position[PA Congressman Thaddeus Stevens]

PresidentPresidentLincolnLincoln

PresidentPresidentLincolnLincoln

Wade-DavisWade-DavisBillBill

Wade-DavisWade-DavisBillBill

PocketVeto

PocketVeto

Jeff Davis Under ArrestJeff Davis Under Arrest

13th Amendment13th Amendment Ratified in December, 1865.

Neither slavery nor involuntary servitude, except as punishment for crime whereof the party shall have been duly convicted, shall exist within the United States or any place subject to their jurisdiction.

Congress shall have power to enforce this article by appropriate legislation.

Freedmen’s Bureau (1865)

Freedmen’s Bureau (1865)

Bureau of Refugees, Freedmen, and Abandoned Lands.

Many former northern abolitionists risked their lives to help southern freedmen.

Called “carpetbaggers” by white southern Democrats.

Freedmen’s Bureau Seen Through Southern Eyes

Freedmen’s Bureau Seen Through Southern Eyes

Plenty to eat and

nothing to do.

Freedmen’s Bureau School

Freedmen’s Bureau School

President Andrew Johnson

President Andrew Johnson Jacksonian Democrat

From Tennessee

Anti-Aristocrat

White Supremacist

Agreed with Lincolnthat states had neverlegally left the Union.

President Johnson’s Plan (10%+)

President Johnson’s Plan (10%+) Offered amnesty upon simple oath to all except

Confederate civil and military officers and those with property over $20,000 (they could “apply” directly to Johnson for a pardon)

New constitutions must ratify 13th amendment, repeal act of secession and repudiate state debts.

Named provisional governors in Confederate states and called them to oversee elections for constitutional conventions.

EFFECTS?

1. New state governments are created

2. States enact laws to restrict freedman and control their labor: The “Black Codes”

3. Four Confederate generals and seven colonels are elected to Congress AND Alexander Stephens!

Black CodesBlack CodesPurpose:

* Establish as much control over labor supply as possible now that blacks were emancipated.

* Restore pre-emancipationsystem of race relations, i.e. white supremacy.

Black Codes

• Required annual contracts for laborRequired annual contracts for labor– Payment at end of yearPayment at end of year– Illegal to “jump contract” Illegal to “jump contract” – Made unemployment a crime: “vagrancy Made unemployment a crime: “vagrancy

laws”laws”

• Children could be apprenticedChildren could be apprenticed

Black Codes

• Regulated “conduct”: Regulated “conduct”: – ““Committing riots, routs, affrays, Committing riots, routs, affrays,

trespassing, malicious mischief, cruel trespassing, malicious mischief, cruel treatment of animals, seditious speeches, treatment of animals, seditious speeches, insulting gestures, language or acts, insulting gestures, language or acts, disturbance of the peace, exercising the disturbance of the peace, exercising the function of a minister of the gospel function of a minister of the gospel without a license, or committing any other without a license, or committing any other misdemeanor, the punishment of which is misdemeanor, the punishment of which is not specifically provided for by law.”not specifically provided for by law.”

The Mississippi “Black The Mississippi “Black Code”Code”

• Sec. 6....All contracts for labor made with freedmen, free Sec. 6....All contracts for labor made with freedmen, free negroes, and mulattoes for a longer period than one negroes, and mulattoes for a longer period than one month shall be in writing, and in duplicate, attested and month shall be in writing, and in duplicate, attested and read to said freedman, free negro, or mulatto by a beat, read to said freedman, free negro, or mulatto by a beat, city or county officer, or two disinterested white persons city or county officer, or two disinterested white persons of the county in which the labor is to be performed, of of the county in which the labor is to be performed, of which each party shall have one; and said contracts shall which each party shall have one; and said contracts shall be taken and held as entire contracts, and if the laborer be taken and held as entire contracts, and if the laborer shall quit the service of the employer before the shall quit the service of the employer before the expiration of his term of service, without good cause, he expiration of his term of service, without good cause, he shall forfeit his wages for that year up to the time of shall forfeit his wages for that year up to the time of quitting. quitting.

The Mississippi “Black The Mississippi “Black Code”Code”

• Sec. 7....Every civil officer shall, and every person may, Sec. 7....Every civil officer shall, and every person may, arrest and carry back to his or her legal employer any arrest and carry back to his or her legal employer any freedman, free negro, or mulatto who shall have quit the freedman, free negro, or mulatto who shall have quit the service of his or her employer before the expiration of his service of his or her employer before the expiration of his or her term of service without good cause; and said or her term of service without good cause; and said officer and person shall be entitled to receive for officer and person shall be entitled to receive for arresting and carrying back every deserting employee arresting and carrying back every deserting employee aforesaid the sum of five dollars, and ten cents per mile aforesaid the sum of five dollars, and ten cents per mile from the place of arrest to the place of delivery; and the from the place of arrest to the place of delivery; and the same shall be paid by the employer, and held as a set-same shall be paid by the employer, and held as a set-off for so much against the wages of said deserting off for so much against the wages of said deserting employeeemployee

The Mississippi “Black The Mississippi “Black Code”Code”

• Sec. 1. Sec. 1. Be it enacted,Be it enacted, etc.,...That all rogues and etc.,...That all rogues and vagabonds, idle and dissipated persons, beggars, vagabonds, idle and dissipated persons, beggars, jugglers, or persons practicing unlawful games or plays, jugglers, or persons practicing unlawful games or plays, runaways, common drunkards, common night-walkers, runaways, common drunkards, common night-walkers, pilferers, lewd, wanton, or lascivious persons, in speech pilferers, lewd, wanton, or lascivious persons, in speech or behavior, common railers and brawlers, persons who or behavior, common railers and brawlers, persons who neglect their calling or employment, misspend what they neglect their calling or employment, misspend what they earn, or do not provide for the support of themselves or earn, or do not provide for the support of themselves or their families, or dependents, and all other idle and their families, or dependents, and all other idle and disorderly persons … shall be deemed and considered disorderly persons … shall be deemed and considered vagrants, and upon conviction thereof shall be fined not vagrants, and upon conviction thereof shall be fined not exceeding one hundred dollars, with all accruing costs, exceeding one hundred dollars, with all accruing costs, and be imprisoned at the discretion of the court, not and be imprisoned at the discretion of the court, not exceeding ten days. exceeding ten days.

The Mississippi “Black The Mississippi “Black Code”Code”

• Sec. 2....All freedmen, free negroes and mulattoes in this Sec. 2....All freedmen, free negroes and mulattoes in this State, over the age of eighteen years, found on the State, over the age of eighteen years, found on the second Monday in January, 1866, or thereafter, with no second Monday in January, 1866, or thereafter, with no lawful employment or business, or found unlawfully lawful employment or business, or found unlawfully assembling themselves together, and all white persons assembling themselves together, and all white persons so assembling themselves with freedmen, free negroes so assembling themselves with freedmen, free negroes or mulattoes, or usually associating with freedmen, free or mulattoes, or usually associating with freedmen, free negroes or mulattoes, on terms of equality, or living in negroes or mulattoes, on terms of equality, or living in adultery or fornication with a freed woman, free negro or adultery or fornication with a freed woman, free negro or mulatto, shall be deemed vagrants, and on conviction mulatto, shall be deemed vagrants, and on conviction thereof shall be fined in a sum not exceeding, in the case thereof shall be fined in a sum not exceeding, in the case of a freedman, free negro or mulatto, fifty dollars, and a of a freedman, free negro or mulatto, fifty dollars, and a white man two hundred dollars, and imprisoned at the white man two hundred dollars, and imprisoned at the discretion of the court, the free negro not exceeding ten discretion of the court, the free negro not exceeding ten days, and the white man not exceeding six months....days, and the white man not exceeding six months....

Who Controls Reconstruction?

Who Controls Reconstruction? Congress bars Southern

Congressional delegates.

President Johnsonvetoes the Freedmen’sBureau bill (February, 1866).

Congress passes Civil Rights Act of 1866

Joint Committee on Reconstruction created.

March, 1866 Johnsonvetoed the 1866 Civil Rights Act.

Congress passed both bills over Johnson’s vetoes 1st in U. S. history!!

14th Amendment14th AmendmentThe Civil Rights Act of 1866 enshrined

into the Constitution (Ratified in July, 1868)

* Defined citizenship

* Provide a constitutional guarantee of the rights and security of citizens.

* Equal Protection Clause

* Overturns the 3/5 clause.

* Southern states would be punished for denying the right to vote to black men.

* Repudiates the Confederate debt.

14th Amendment

• Section 1. Section 1. – All persons born or naturalized in the United StatesAll persons born or naturalized in the United States, ,

and subject to the jurisdiction thereof, and subject to the jurisdiction thereof, are citizens of are citizens of the United States and of the state wherein they the United States and of the state wherein they residereside. .

– No state shallNo state shall make or enforce any law which shall make or enforce any law which shall abridge the privileges or immunities of citizens of the abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal nor deny to any person within its jurisdiction the equal protection of the lawsprotection of the laws. .

14th Amendment

• Section 2. Section 2. Representatives shall be apportioned among Representatives shall be apportioned among the several states according to their respective numbersthe several states according to their respective numbers, , counting the whole number of persons in each statecounting the whole number of persons in each state, , excluding Indians not taxed. But when the right to vote at excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and any election for the choice of electors for President and Vice President of the United States, Representatives in Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the members of the legislature thereof, is denied to any of the the malemale inhabitants of such state, inhabitants of such state, being twenty-one years of agebeing twenty-one years of age, and citizens of the United , and citizens of the United States, or in any way abridged, except for participation in States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such number of male citizens twenty-one years of age in such state. state.

14th Amendment

• Section 3. No person shall be a Senator or Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under Vice President, or hold any office, civil or military, under the United States, or under any state, who, having the United States, or under any state, who, having previously taken an oath, as a member of Congress, or previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of thereof. But Congress may by a vote of two-thirds of each House, remove such disability. each House, remove such disability.

14th Amendment

• Section 4. The validity of the public debt of the United Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for States, authorized by law, including debts incurred for payment of pensions and bounties for services in payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal all such debts, obligations and claims shall be held illegal and void. and void.

• Section 5. The Congress shall have power to enforce, by Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. appropriate legislation, the provisions of this article.

The 1866 Congressional Elections

The 1866 Congressional Elections

Johnson’s “Swing around the Circle”

A referendum on Radical Reconstruction.

Johnson made an ill-conceived propaganda tour around the country to push his plan.

Republicanswon a 3-1majority in both houses and gained control of every northern state.

Radical Plan for Readmission

Radical Plan for Readmission Civil authorities in the territories were

subject to military supervision.

Required new state constitutions, including black suffrage and ratification of the 13th and 14th Amendments.

In March, 1867, Congress passed an act that authorized the military to enroll eligible black voters and begin the process of constitution making.

Reconstruction Acts of 1867

Reconstruction Acts of 1867

Military Reconstruction Act

* Restart Reconstruction in the 10 Southern states that refused to ratify the 14th Amendment.

* Divide the 10 “unreconstructed states” into 5 military districts.

Reconstruction Acts of 1867

Reconstruction Acts of 1867

Command of the Army Act

* The President must issue all Reconstruction orders through the commander of the military.

Tenure of Office Act

* The President could not remove any officials [esp. Cabinet members] without the Senate’s consent, if the position originally required Senate approval.

Designed to protect radicalmembers of Lincoln’s government.

A question of the constitutionality of this law. Edwin Stanton

President Johnson’s Impeachment

President Johnson’s Impeachment Johnson removed Stanton in February, 1868.

Johnson replaced generals in the field who were more sympathetic to Radical Reconstruction.

The House impeached him on February 24 before even drawing up the charges by a vote of 126 – 47!

The Senate TrialThe Senate Trial

11 week trial.

Johnson acquitted 35 to 19 (one short of required 2/3s vote).

Biracial, Republican governments created Biracial, Republican governments created in all Southern statesin all Southern statesFreedmen: 8 of 10 RepublicansFreedmen: 8 of 10 RepublicansCarpetbaggers: many Union veteransCarpetbaggers: many Union veteransScalawags: “unionists” from AppalachianScalawags: “unionists” from Appalachian

Most lasted less than ten yearsMost lasted less than ten yearsMilitary power necessary to support themMilitary power necessary to support them

An “Unreconstructed” ViewAn “Unreconstructed” View

• The “Solid The “Solid South” carries South” carries the burden of the burden of “carpetbagger” “carpetbagger” government, government, supported by supported by Federal Federal TroopsTroops

The “Reconstructed” SouthThe “Reconstructed” South

• Accomplishments of Reconstruction Accomplishments of Reconstruction GovernmentsGovernments

• Failures of Reconstruction GovernmentsFailures of Reconstruction Governments

• Wait for Discussion Group!Wait for Discussion Group!

Colored Rule

in the South?

Colored Rule

in the South?

1868 Presidential Election

1868 Presidential Election

Waving the Bloody Shirt!Waving the Bloody Shirt!

Republican “Southern Strategy”

The Election of 1872The Election of 1872 Rumors of corruption

during Grant’s first term discredit Republicans.

Horace Greeley runsas a Democrat/LiberalRepublican candidate.

Greeley attacked as afool and a crank.

Greeley died on November 29, 1872!

1872 Presidential Election

1872 Presidential Election

Popular Vote for President: 1872

Popular Vote for President: 1872

The Panic of 1873The Panic of 1873 It raises “the money

question.”

* debtors seek inflationarymonetary policy bycontinuing circulation of greenbacks.

* creditors, intellectuals support hard money.

1875 Specie Redemption Act.

1876 Greenback Party formed & makes gains in congressional races The “Crime of ’73’!

Legal ChallengesLegal Challenges

The Slaughterhouse Cases (1873)

Bradwell v. IL (1873)

U. S. v. Cruickshank (1876)

U. S. v. Reese (1876)

Reconstruction and the Southern Reconstruction and the Southern EconomyEconomy

Devastation wrought by war was realDevastation wrought by war was realProduction downProduction downAcreage under cultivation downAcreage under cultivation downLand values downLand values down

Basic ConflictBasic Conflict Landowners wanted control over laborLandowners wanted control over labor Labor (mostly freedmen) wanted landLabor (mostly freedmen) wanted land Result was sharecropping and tenant farmingResult was sharecropping and tenant farming

SharecroppingSharecropping

Tenancy & the Crop Lien System

Tenancy & the Crop Lien SystemFurnishing Merchant Tenant Farmer Landowner

Loan tools and seed up to 60% interest to tenant farmer to plant spring crop.

Farmer also secures food, clothing, andother necessities oncredit from merchant until the harvest.

Merchant holds “lien” {mortgage} on part of tenant’s future crops as repayment of debt.

Plants crop, harvests in autumn.

Turns over up to ½ of crop to land owner as payment of rent.

Tenant gives remainder of crop to merchant inpayment of debt.

Rents land to tenant in exchange for ¼ to ½ of tenant farmer’s future crop.

Black & White Political Participation

Black & White Political Participation

Establishment of Historically Black Colleges in the South

Establishment of Historically Black Colleges in the South

Black Senate & House Delegates

Black Senate & House Delegates

Blacks in Southern PoliticsBlacks in Southern Politics Core voters were black

veterans.

Most Blacks were politically unprepared.

Uneducated

Inexperienced

The 15th Amendment guaranteedfederal voting.

15th Amendment15th Amendment Ratified in 1870.

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.

The Congress shall have power to enforce this article by appropriate legislation.

Women’s rights groups were furious that they were not granted the vote!

The “Invisible Empire of the South”

The “Invisible Empire of the South”

The Failure of Federal Enforcement

The Failure of Federal Enforcement Enforcement Acts of 1870 &

1871 [also known as the KKK Act].

“The Lost Cause.”

The rise of the“Bourbons.”

Redeemers (prewarDemocrats and Union Whigs).

The Civil Rights Act of 1875The Civil Rights Act of 1875

Crime for any individual to deny full &equal use of public conveyances andpublic places.

Prohibited discrimination in jury selection.

Shortcoming lacked a strong enforcement mechanism.

No new civil rights act was attemptedfor 90 years!

The Balance of Power in Congress

The Balance of Power in Congress

State White Citizens Freedmen

SC 291,000 411,000

MS 353,000 436,000

LA 357,000 350,000

GA 591,000 465,000

AL 596,000 437,000

VA 719,000 533,000

NC 631,000 331,000

Northern Support WanesNorthern Support Wanes “Grantism” & corruption.

Panic of 1873 [6-yeardepression].

Concern over westwardexpansion and Indian wars.

Key monetary issues take precedence over Reconstruction:

Greenbacks v. specie

1876 Presidential Tickets1876 Presidential Tickets

“Regional Balance?”“Regional Balance?”

1876 Presidential Election

1876 Presidential Election

The Political Crisis of 1877

The Political Crisis of 1877

“Corrupt Bargain”Part II?

Hayes PrevailsHayes Prevails

The “Compromise” of 1877The “Compromise” of 1877

•Democrats allow Hayes to “win”

•Hayes agrees to withdraw troops from Fl.,S.C., and La.

•Implicit end to enforcement of Reconstruction

The 1868 Republican Ticket

The 1868 Republican Ticket

The 1868 Democratic Ticket

The 1868 Democratic Ticket

President Ulysses S. GrantPresident Ulysses S. Grant

Grant Administration Scandals

Grant Administration Scandals Grant presided over an era of

unprecedented growth and corruption.

* Credit Mobilier

Scandal.

* Whiskey Ring.

* The “Indian Ring.”

The Tweed Ring in NYC

The Tweed Ring in NYC

William Marcy Tweed (notorious head of Tammany Hall’s political machine)

Thomas Nast crusading cartoonist/reporter

Who Stole the People’s Money?

Who Stole the People’s Money?

And They Say He Wants a Third Term

And They Say He Wants a Third Term

Alas, the Woes of Childhood…

Alas, the Woes of Childhood…

Sammy Tilden—Boo-Hoo! Ruthy Hayes’s got my Presidency, and he won’t give it to me!