US History
Fort Burrows
18.2 Radical Reconstruction
Angered by the South’s response to President Johnson’s Reconstruction program, Republicans in Congress put in place a harsher plan.
black codes –rules created by Southern States that severely limited the
rights of African Americans after the Civil War
Radical Republicans –members of Congress during Reconstruction who wanted to
break the power of the wealthy planters in the South and
ensure that freedmen received the right to vote
Fourteenth Amendment –1868 amendment to the US Constitution that gives
citizenship to ALL persons born in the United States
and guarantees equal protection of the laws
Radical Reconstruction –1867, period when the Republicans, who had control of
both houses of Congress, took charge of Reconstruction
Reconstruction Act –1867 law that threw out the southern states gov’t that had
refused to ratify the Fourteenth Amendment and required
that former Confederate states allow African Americans to vote
impeach –to bring charges of serious wrongdoing against a public official
Fifteenth Amendment –1869 amendment to the US Constitution that forbids any
state to deny African Americans the right to vote because of race
consent – agreement or approval
imposition – laying on something as a burden or obligation
misdemeanors – less serious criminal offenses
felony – a serious crime that can result in jail time, extended jail time, or death penalty
moderate – keeping within reasonable limits
Black Codes Anger Congress
After the war, most southern states promptly ratified the Thirteenth Amendment. However, Southern legislatures also passed black codes, the laws that severely limited the rights of freedmen.
Rights and Restrictions
Љ African Americans could now legally marry and own some kinds of property
Љ black codes meant NO political or economic power
Љ forbade freedmen to vote, own guns, serve on juries
Љ jobs were like before; house servants, farm laborers
Љ some had to sign 1-year contracts to gain employment
Љ those without ‘contracts’ would be considered ‘idlers’, arrested or sentenced to
work, for free, on plantations ( yes, Plantations are still around )
Congress Reacts
Љ Republicans said Johnson’s Plan was too lenient
Љ white violence against freedmen
Љ Joint Committee on Reconstruction concluded that the South was trying to
“preserve slavery… as long as possible”
Љ Johnson ignored the report…
Љ the Radical Republicans vowed to take control of the Reconstruction
Plan / Ten Percent Plan / Wade-Davis Bill / Johnson Plan / Reconstruction ActProposed by / President Abraham Lincoln, 1863 / Republicans in Congress, 1864 / President Andrew Johnson, 1865 / Radical Reconstruction, 1867
Conditions for Former Confederate States to Rejoin Union / ▪ 10 percent of voters must swear loyalty to Union
▪ Must abolish slavery / ▪ Majority of white men must swear loyalty
▪ Former Confederate volunteers cannot vote or hold office / ▪ Majority of white men must swear loyalty
▪ must ratify Thirteenth Amendment
▪Former Confederate officials may vote and hold office / ▪Must disband state gov’ts
▪ Must write new state constitutions
▪ Must ratify Fourteenth Amendment
▪African American men must be allowed to vote
The Radicals were led by Thaddeus Stevens of Pennsylvania in the House and Charles Sumner of Massachusetts in the Senate. Radical Republicans had TWO main goals. First, they wanted to break the power of the wealthy planters who had long ruled the South. Second, they wanted to ensure that freedmen received the right to vote.
Republican Control
ЉModerate Republicans controlled the Congress, they had the numbers
Ф 66 Senate – 38 Democrats – 26 Republicans – 2 American Party – 2 vacant
Ф 241 House – 121 Republican – 92 Democrats – 38 Other Parties
Љ Moderates and Radicals disagreed most of the time, but if the Southerners were
barred from office, the Repub’s could gain full control of both Houses
Љto combat against the Southern Black Codes, congress passed their own version
ЉApril 1866, the Civil Rights Act was passed in both Houses; this would give
citizenship to African Americans
ЉPresident Johnson VETOED
ЉCongress OVERRODE his veto… the Fourteenth Amendment is born
Fourteenth Amendment
ЉRepublican feared that the Supreme Court might use Judicial Review to declare
the Civil Rights Act of 1866 unconstitutional
Љremember the Dred Scott decision declared that African Americans were not
citizens
Љthe Fourteenth Amendment defined citizen as “all person born or naturalized in
the United States” {although this did not include Native Americans}
Љit guaranteed citizens “equal protection of the laws”
Љforbade states to “deprive any person of life, liberty, or property without due
process of law”
What does this mean ?
Љstates could not legally discriminate against citizens on unreasonable grounds,
such as race
The big penalty…
Љany state that denied any male citizen over the age of 21 the right to vote would
have its representation in Congress reduced
This Republican Congress believed that the old Confederate states would not allow freedmen to vote, thus the southern states would lose Congressional seats
ЉRepublicans had hoped that the freedmen would vote and would secure their
basic political rights, ; legal representation by the vote
Љthis Republican goal took a century before it became really accepted in the 1960s
¿¿ TAKS 8.17B ¿¿ What rights did the Fourteenth Amendment grant ?
1.______
2.______
3.______
1905…Lochner v. New York
The Supreme Court strikes down a law regulating working hours.
The Court rules that equal protectionmeans that employers have
the right to make contracts with workers freely.
This ruling is later reversed.
By a 5–4 vote, the Supreme Court rejected the argument that the law was necessary to protect the health of bakers, deciding it was a labor law attempting to regulate the terms of employment, and calling it an "unreasonable, unnecessary and arbitrary interference with the right and liberty of the individual to contract."
Justice Rufus Peckham wrote for the majority.
1954…Brown v. Board of Education
The Supreme Court rules that having separate schools for white and
blackstudents discriminates against African Americans and is a
violation of equal protection. The ruling ends school segregation and
becomes a landmark in the fight for equal rights.
The decision overturned earlier rulings going back to Plessy v. Ferguson in 1896. Handed down on May 17, 1954, the Warren Court's unanimous (9–0) decision stated that "separate educational facilities are inherently unequal."
1963…Gideon v. Wainwright
The Supreme Court rules that due process means that all people
accused of a crime have the right to an attorney. If a person cannot
afford an attorney, the state must provide one for her or him.
In the case, the Supreme Court unanimously (9–0) ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants who are unable to afford their own attorneys.
1971…Reed v. Reed
The Supreme Court strikes down an Idaho law giving men automatic
preference over women in certain situations. The Court rules that
equal protection means that men and women must be treated equally
before the law.
After the death of their adopted son, Sally and Cecil Reed sought to be named the administrator of their son's estate; the Reeds were separated. The IdahoProbate Court specified that "males must be preferred to females" in appointing administrators of estates, so Cecil was appointed administrator. In a unanimous (9–0) decision, the Supreme Court held that the law's dissimilar treatment of men and women was unconstitutional. Chief Justice Burger's opinion:
Radicals in Power
President Johnson encouraged former Confederate states to reject the Fourteenth Amendment. He also decided to make the amendment an issue in the 1866 congressional elections.
Љ Andrew Johnson, Democrat 17th President of the United States, (1865-1869)
Andrew Johnson gives truth to the saying that in America, anyone can grow up to become President. Born in a log cabin in North Carolina to nearly illiterate parents, Andrew Johnson did not master the basics of reading, grammar, or math until he met his wife at the age of seventeen. (He never attended a day of school). The only other man to attain the office of President with so little formal education was Abraham Lincoln. Whereas Lincoln is esteemed as America’s greatest President, Johnson, his successor, is ranked as one of the worst. He is the only man to serve as President of the USA and then later be elected as member of Congress. He was elected as Senator of Tennessee in 1875.
Election of 1866
Љ Johnson urges northerners to reject the Radical Republicans
Љ a heckler yelled for Johnson to hang Jefferson Davis, Johnson yelled, “why not
hang Thad Stevens ?”
Љ Johnson was criticized for losing his temper
Љ in July of 1866, white mobs in New Orleans killed 34 African Americans
Љ this violence convinced many northerners to take stronger measures against the
South
Љ the election was a disaster for Johnson; he lost any hopes of bipartisan laws
Љ Republicans won majorities in both houses of Congress
Ф Whig, Republican 1849-53, 1859-68
Ф Thad Stevens, known as ‘the Great Commoner’ was a vehement critic of Johnsons and later became the leader in the efforts to IMPEACH Johnson
Ф during the impeachment process, Stevens was so ill he had to be carried into
the chambers to participate; he died 3 months after the President’s acquittal
Ф No Republican was permitted by 'Old Thad' to oppose his imperious will without receiving a tongue-lashing that terrified others if it did not bring the refractory Representative back into party harness," wrote journalist Ben Perley Poore
The Radical Program
Љ Radical Reconstruction; with majority in both Houses, they could easily
override a Presidential VETO
Љ March 1867, Reconstruction Act is approved by a Republican Congress
Ф threw out state governments that did not ratify the 14th Amendment
Ф which was ALL southern states except Tennessee
Ф divided the South into 5 military districts, with broad enforcement POWERS;
First Military District: Virginia, under General John Schofield
Second Military District: The Carolinas, under General Daniel Sickles
Third Military District: Georgia, Alabama and Florida, under General John Pope
Fourth Military District: Arkansas and Mississippi, under General Edward Ord
Fifth Military District: Texas and Louisiana, under Generals Philip Sheridan and Winfield Scott Hancock
*** Remember from Texas History how much Sheridan LOVED Texas
"If I owned Texas and all of H#@*, I would rent out Texas and live in H#@*."
Ф to rejoin the Union, former Confederate states had to write a ‘new’ state
Constitution, which had to ratify the 14th Amendment
Ф Southern states were required to allow African Americans to VOTE
Љ Reconstruction states, with new governments had to bar former Confederate
officials from voting
Љ Many Southern whites stayed away from the voting polls in PROTEST
Љ freedmen did VOTE
Љ Republicans gained control of ALL the ‘new’ Southern states governments
Љ Order of Southern States allowed back into the Union
Ф Tennessee July 24, 1866Ф Arkansas June 22, 1868Ф Florida June 25, 1868 Ф North Carolina July 4, 1868 Ф South Carolina July 9, 1868 Ф Louisiana July 9, 1868
Ф Alabama July 13, 1868Ф Virginia January 26, 1870 Ф Mississippi February 23, 1870 Ф Texas March 30, 1870 Ф Georgia July 15, 1870
The Impeachment of Andrew Johnson
At the impeachment trial of President Johnson, Senator James Grimes of Iowa voted against conviction. Here, he explains why: “Nor can I suffer my judgment of the law governing this case to be influenced by political considerations. I cannot agree to destroy the harmonious working of the Constitution for the sake of getting rid of an unacceptable President. Whatever may be my opinion of Johnson, I cannot consent to trifle with the high office he holds. I can do nothing which, by implication, may be seen as an approval of impeachment as a part of future political machinery.”
James Grimes, quoted in Trial of Andrew Johnson (Poore)
Impeachment and a New President
Congress passed other Reconstruction acts over Johnson’s veto. As President, Johnson had a duty to execute the new laws. However, Johnson did what he could to limit their effect. He fired several military commanders who supported Radical Reconstruction. Republicans in Congress decided to remove Johnson from office.
Trial
Љ February 24, 1868, the House of Representatives voted to IMPEACH President Johnson
Љ Impeachment may be considered for these infractions; ‘treason’, ‘bribery’, or
other ‘high crimes’ and ‘misdemeanors’
Ф impeachment is ‘charged’ or ‘alleged’ by the House of Representatives and
tried by the Senate
Ф the federal official is removed from office if 2/3’s of the Senate find him/her guilty
*** Why not the House of Representatives? Or both Houses ?
______
Љ the trial proved he was not guilty of ‘high crimes’ or ‘misdemeanors’
Љ 7 Republican Senators voted ‘not guilty’ – “the Constitution does not allow
removal of the President just cause we don’t like him”
Љ final Senate vote 35 to 19, 1 vote short of 2/3’s needed to CONVICT
Љ since 1797, sixteen federal officials have been impeached,
Presidents – Andrew Johnson & Bill Clinton both acquitted by the Senate
{ Richard Nixon, resigned before the impeachment process was completed }
and 14 others ( two presidents, a cabinet member, a senator, a justice of the
Supreme Court, and eleven federal judges );
7 have been removed from office, ALL were Judges
A New President
Љ President Johnson did serve out the remaining term
Љ in 1868, Republicans nominated the Union’s greatest war hero, Ulysses S. Grant
ФHiram Ulysses Simpson Grant April 27, 1822– July 23, 1885
the initials "U.S." stood for "Uncle Sam", given this nickname at West Point
Љ he was elected 18th President of the United States; nearly all the ‘new’ southern
states voted for Republican US Grant; led by the ‘black’ vote of 500,000
Fifteenth Amendment
Љ 1869, Congress passed the 3rd of the Civil War Amendments; ratified in 1870
Љ 15th Amendment forbade any state to deny any citizen the right to vote because
of “race, color, or previous condition of servitude”
Љ Moral and Political reasons drove the passing of the 15th Amendment
Ф morally it was wrong for African Americans in the South be allowed to vote
and not the African Americans in the North
Ф politically the Republicans hoped and expected that the ‘gift of vote’ would
cause African Americans all over the United States to remember them and
vote Republican at each election
Љ ALL African American male citizens over 21 years of age, had the right to vote
¿¿ TAKS 8.17B ¿¿ What was the significance of the Fifteenth Amendment ?
1.______
2.______
3.______
1. How did Congress react to the passage of black codes in the South ?
______
2. How did Radical Republicans gain power in Congress ?
______
3. Why was President Johnson impeached ?
______
4. What was the major cause of the anger Republicans felt toward southern
legislatures ?
A. a lenient Reconstruction plan encouraged the passing of black codes
B. African Americans were still not allowed to marry legally or own property
C. not all Southern states promptly ratified the Thirteenth Amendment
D. the black codes granted too many rights to African Americans
1 of 18.2 Printer Copy MAR 2017 BE MORE ‘BIG’ DOG. It’s an Attitude to Adjust to!!! Leon