Reconstruction—1865-1877

A. Essential Questions

  1. Which branch of government is responsible for readmitting states to the Union?
  2. How should ex-Confederates be treated?
  3. How should African-Americans be treated?
  4. What policies should govern readmission of southern states?
  • Goals of Reconstruction
  • North: African-Americans—enter Republican Party
  • Lincoln: 10% Plan; rebuild South with federal aid
  • Lincoln—liberal secessionist view: The South did NOT secede
  • Johnson—Lincoln’s Plan—January, 1864 Tennessee, Louisiana, & Arkansas had loyal state governments—Lincoln’s Plan
  • Congress: Legislature has the right to readmit southern states since Congress admits all new states
  • Wade-Davis Bill: 50% Plan: punish the South, secure freedmen’s rights; pocket vetoes by Lincoln
  • Struggle Between Executive & Legislative Branches for control of Reconstruction
  • Johnson’s Plan: lenient like Lincoln’s; aimed at keeping wealthy planters out of power
  • Johnson Governments: no vote, education or property rights for blacks
  • Black Codes: like slave codes before the war—blacks were subordinate to whites, hardly better off than pre-war times
  • Congressional Response: Radical Reconstruction “Conquered Province” model
  • Led by Sen. Sumner (MA) & Rep Stevens (PA)
  • Many whites were disenfranchised; blacks got the right to vote (1870)
  • Freedmen’s Bureau re-established, vetoed by Johnson, overridden by Congress
  • Civil Rights of 1866: citizenship to black men; not to Native-Americans; all civil rights given to blacks;
  • 14th Amendment: no citizen (born in USA or naturalized) could be deprived “of life, liberty, or property without due process of law—applied due process to state governments;
  • Elections of 1866--”wave the bloody shirt”—Republicans remind voters that they won the war
  • Republicans gain 2/3’s majority of Congress: can override ALL of Johnson’s vetoes
  • Legislative Branch in Charge: Radical Reconstruction
  • 1st Reconstruction Act of 1867—applies to all states but Tennessee (ratified 14th amendment)
  • 10 states divided into 5 military districts—martial law
  • New constitutional conventions elected by all males—NOT ex-Confederate
  • Readmission depended on accepting 14th amendment
  • 1870: 7 states readmitted; federal troops remain in SC. FL, LA

New Reconstruction Laws

  • Tenure of Office Act, 1867: Johnson forbidden from dismissing federal officials appointed by Congress
  • Johnson tested the law; fired Secretary of War Edwin Stanton; thought law was unconstitutional—IT WAS!
  • Impeachment of Johnson: high crimes—11 counts against Johnson—2 were regarding behavior toward Congress; 9 were behavior regarding Tenure of Office Act
  • Trial: March 5 to May 26, 1867
  • Vote: 35-19 (7 Republican & 12 Democrats) 1 vote short of 2/3’s majority
  • Sen. Edmund G. Ross ® Kansas cast deciding vote, and ruined political career; received death threats
  • Sen. Ross is featured in John F. Kennedy’s Profiles in Courage
  • Johnson remained in office, but was very ineffective; Congress would dominate national politics for the remainder of the century, but
  • Checks and balances was maintained by Ross’ vote

Election of 1876: Disputed Election

  • Hayes (R) vs. Tilden (D)
  • Tilden: Popular vote
  • Electoral vote: 20 disputed votes
  • Electoral commission gave votes to Hayes in return for

Compromise of 1877

  • President Hayes withdrew federal troops from the South
  • Hayes appointed southern Democrat to Cabinet
  • Federal $ given to build railroad from Texas to the West, and to improve southern infrastructure: roads, bridges, rivers

End of Reconstruction

  • Redemption: Democrats return to power in the South
  • Home Rule: Southerners run state governments without federal interference
  • Black Codes: Restrictions on African-Americans
  • Jim Crow Laws: Segregation prevails
  • 1896: Plessy v. Ferguson: The U. S. Supreme Court ruled that segregation was legal in the South—facilities must be “separate but equal”. Separation, segregation was enforced, but equality was not