The Union Reconstructed
Learning Objectives

After reading this chapter, you should be able to:

  1. State four or five particular goals of three groups at the end of the Civil War: the freedmen, white southerners, and white northerners.
  2. Describe the situation and mood of the country at the end of the Civil War and describe the first programs and actions of southern whites and freedmen as they redefined race relations in 1865.
  3. Explain President Johnson's reconstruction program and contrast it with Congress's alternative program.
  4. Name and explain three important acts and three constitutional amendments that were part of the Republican reconstruction program.
  5. Explain the arrangements for working the land that developed between white landowners and the freedmen and describe the terms of a typical work contract.
  6. Describe the character of the Republican state governments in the South during Reconstruction: Who ruled? How well? For how long? How did these governments come to an end?
  7. Explain how Reconstruction ended.

Some Primary Source Documents and Historical Essays for you!

Ain't I A Woman?

by Sojourner Truth

Delivered 1851 at the Women's Convention in Akron, Ohio

Well, children, where there is so much racket there must be something out of kilter. I think that 'twixt the negroes of the South and the women at the North, all talking about rights, the white men will be in a fix pretty soon. But what's all this here talking about?
That man over there says that women need to be helped into carriages, and lifted over ditches, and to have the best place everywhere. Nobody ever helps me into carriages, or over mud-puddles, or gives me any best place! And ain't I a woman? Look at me! Look at my arm! I have ploughed and planted, and gathered into barns, and no man could head me! And ain't I a woman? I could work as much and eat as much as a man - when I could get it - and bear the lash as well! And ain't I a woman? I have borne thirteen children, and seen most all sold off to slavery, and when I cried out with my mother's grief, none but Jesus heard me! And ain't I a woman?
Then they talk about this thing in the head; what's this they call it? [member of audience whispers, "intellect"] That's it, honey. What's that got to do with women's rights or negroes' rights? If my cup won't hold but a pint, and yours holds a quart, wouldn't you be mean not to let me have my little half measure full?
Then that little man in black there, he says women can't have as much rights as men, 'cause Christ wasn't a woman! Where did your Christ come from? Where did your Christ come from? From God and a woman! Man had nothing to do with Him.
If the first woman God ever made was strong enough to turn the world upside down all alone, these women together ought to be able to turn it back , and get it right side up again! And now they is asking to do it, the men better let them.
Obliged to you for hearing me, and now old Sojourner ain't got nothing more to say.

Thaddeus Stevens
Speech of December 18, 1865

The President assumes, what no one doubts, that the late rebel States have lost their constitutional relations to the Union, and are incapable of representation in Congress, except by permission of the Government. It matters but little, with this admission, whether you call them States out of the Union, and now conquered territories, or assert that because the Constitution forbids them to do what they did do, that they are therefore only dead as to all national and political action, and will remain so until the Government shall breathe into them the breath of life anew and permit them to occupy their former position. In other words, that they are not out of the Union, but are only dead carcasses lying within the Union. In either case, it is very plain that it requires the action of Congress to enable them to form a State government and send representatives to Congress. Nobody, I believe, pretends that with their old constitutions and frames of government they can be permitted to claim their old rights under the Constitution. They have torn their constitutional States into atoms, and built on their foundations fabrics of a totally different character. Dead men cannot raise themselves. Dead States cannot restore their existence "as it was." Whose especial duty is it to do it? In whom does the Constitution place the power? Not in the judicial branch of Government, for it only adjudicates and does not prescribe laws. Not in the Executive, for he only executes and cannot make laws. Not in the Commander-in-Chief of the armies, for he can only hold them under military rule until the sovereign legislative power of the conqueror shall give them law. Unless the law of nations is a dead letter, the late war between two acknowledged belligerents severed their original compacts and broke all the ties that bound them together. The future condition of the conquered power depends on the will of the conqueror. They must come in as new states or remain as conquered provinces. Congress . . . is the only power that can act in the matter.

Congress alone can do it. . . . Congress must create States and declare when they are entitled to be represented. Then each House must judge whether the members presenting themselves from a recognized State possess the requisite qualifications of age, residence, and citizenship; and whether the election and returns are according to law. ...

It is obvious from all this that the first duty of Congress is to pass a law declaring the condition of these outside or defunct States, and providing proper civil governments for them. Since the conquest they have been governed by martial law. Military rule is necessarily despotic, and ought not to exist longer than is absolutely necessary. As there are no symptoms that the people of these provinces will be prepared to participate in constitutional government for some years, I know of no arrangement so proper for them as territorial governments. There they can learn the principles of freedom and eat the fruit of foul rebellion. Under such governments, while electing members to the territorial Legislatures, they will necessarily mingle with those to whom Congress shall extend the right of suffrage. In Territories Congress fixes the qualifications of electors; and I know of no better place nor better occasion for the conquered rebels and the conqueror to practice justice to all men, and accustom themselves to make and obey equal laws. .

They ought never to be recognized as capable of acting in the Union, or of being counted as valid States, until the Constitution shall have been so amended as to make it what its framers intended; and so as to secure perpetual ascendency to the party of the Union; and so as to render our republican Government firm and stable forever. The first of those amendments is to change the basis of representation among the States from Federal numbers to actual voters. . . . With the basis unchanged the 83 South ern members, with the Democrats that will in the best times be elected from the North, will always give a majority in Congress and in the Electoral college. . . . I need not depict the ruin that would follow. . .

But this is not all that we ought to do before inveterate rebels are invited to participate in our legislation. We have turned, or are about to turn, loose four million slaves without a hut to shelter them or a cent in their pockets. The infernal laws of slavery have prevented them from acquiring an education, understanding the common laws of contract, or of managing the ordinary business of life. This Congress is bound to provide for them until they can take care of themselves. If we do not furnish them with homesteads, and hedge them around with protective laws; if we leave them to the legislation of their late masters, we had better have left them in bondage.

If we fail in this great duty now, when we have the power, we shall deserve and receive the execration of history and of all future ages.

Source: Andrew Johnson Offers Amnesty to former rebels, 1861
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA - A PROCLAMATION.
I ______do solemnly swear (or affirm), in presence of Almighty God, that I will henceforth faithfully support, protect, and defend the Constitution of the United States and the Union of the States thereunder, and that I will in like manner abide by and faithfully support all laws and proclamations which have been made during the existing rebellion with reference to the emancipation of slaves. So help me God.
The following classes of persons are excepted from the benefits of this proclamation:
First. All who are or shall have been pretended civil or diplomatic officers or otherwise domestic or foreign agents of the pretended Confederate government.
Second. All who left judicial stations under the United States to aid the rebellion.
Third. All who shall have been military or naval officers of said pretended Confederate government above the rank of colonel in the army or lieutenant in the navy.
Fourth. All who left seats in the Congress of the United States to aid the rebellion.
Fifth. All who resigned or tendered resignations of their commissions in the Army or Navy of the United States to evade duty in resisting the rebellion.
Sixth. All who have engaged in any way in treating otherwise than lawfully as prisoners of war persons found in the United States service as officers, soldiers, seamen, or in other capacities.
Seventh. All persons who have been or are absentees from the United States for the purpose of aiding the rebellion.
Eighth. All military and naval officers in the rebel service who were educated by the Government in the MilitaryAcademy at West Point or the United StatesNavalAcademy.
Ninth. AU persons who held the pretended offices of governors of States in insurrection against the United States.
Tenth. All persons who left their homes within the jurisdiction and protection of the United States and passed beyond the Federal military lines into the pretended Confederate States for the purpose of aiding the rebellion.
Eleventh. All persons who have been engaged in the destruction of the commerce of the United States upon the high seas and all persons who have made raids into the United States from Canada or been engaged in destroying the commerce of the United States upon the lakes and rivers that separate the British Provinces from the United States.
Twelfth. All persons who, at the time when they seek to obtain the benefits hereof by taking the oath herein prescribed, are in military, naval, or civil confinement or custody, or under bonds of the civil, military, or naval authorities or agents of the United States as prisoners of war, or persons detained for offenses of any kind, either before or after conviction.
Thirteenth. All persons who have voluntarily participated in said rebellion and the estimated value of whose taxable property is over $20,000.
Fourteenth. All persons who have taken the oath of amnesty as prescribed in the President's proclamation of December 8, A.D. 1863, or an oath of allegiance to the Government of the United States since the date of said proclamation and who have not thenceforward kept and maintained the same inviolate.
Provided, That special application may be made to the President for pardon by any person belonging to the excepted classes, and such clemency will be liberally extended as may be consistent with the facts of the case and the peace and dignity of the United States.
The Secretary of State will establish rules and regulations for administering and recording the said amnesty oath, so as to insure its benefit to the people and guard the Government against fraud.

Civil War/Reconstruction Era Amendments

13thAmendment
Slavery was an institution in America in the 18th and 19th centuries. The Southern states, with their agricultural economies, relied on the slavery system to ensure the cash crops (cotton, hemp, rice, indigo, and tobacco, primarily) were tended and cultivated. Slaves were not unknown in the North, but abolition in the North was completed by the 1830's. In 1808, the Congress prohibited the slave trade, not a year later than allowed in the Constitution. A series of compromises, laws, acts, and bills tried to keep the balance between the slave states and the non-slave states. For a more thorough history of slavery, see the Slavery Topic Page.

South Carolina voted to secede from the United States as a result of Abraham Lincoln's election to the Presidency. Lincoln had, over time, voiced strong objections to slavery, and his incoming administration was viewed as a threat to the right of the states to keep their institutions, particularly that of slavery, the business of the states. More states seceded, eleven in all, forming the Confederate States of America. The secession movement led to the Civil War. In the waning days of the war, which ran from 1861 to 1865, the Congress approved an amendment to abolish slavery in all of the United States. Once the CSA was defeated, approval of the 13th Amendment was quick in the Northern states. By the end of 1865, eight of the eleven Confederate states had also ratified it. Proposed on January 31, 1865, it was ratified on December 6, 1865 (309 days). Eventually, all of the CSA states except Mississippi ratified the 13th after the war; Mississippi ratified the amendment in 1995.

14th Amendment
The ratification of the 13th Amendment was a major victory for the North, and it was hoped that with the Emancipation Proclamation and the 13th Amendment, the effects of slavery in the United States would quickly diminish. The original plan to readmit states after acceptance of the 13th was supported by President Andrew Johnson, but the Radical Republicans, as they became known, wanted more than just a return to normalcy. They wanted to keep the power they had attained during the war years. The South did not make it easy for Johnson, however, and the so-called Black Codes started to be passed in Southern states. Congressional inquiries into the Black Codes found them to be a new way of controlling ex-slaves, fraught with violence and cruelty.

The ensuing Reconstruction Acts placed the former CSA states under military rule, and prohibited their congressmen's readmittance to Congress until after several steps had been taken, including the approval of the 14th Amendment. The 14th was designed to ensure that all former slaves were granted automatic United States citizenship, and that they would have all the rights and privileges as any other citizen. The amendment passed Congress on June 13, 1866, and was ratified on July 9, 1868 (757 days).

15th Amendment
The last of the Reconstruction Amendments, the 15th Amendment was designed to close the last loophole in the establishment of civil rights for newly-freed black slaves. It ensured that a person's race, color, or prior history as a slave could not be used to bar that person from voting. Though a noble idea, it had little practical effect for quite some time, as the Southern states found myriad ways to intimidate blacks to keep them from voting. The Congress passed the amendment on February 26, 1869, and it was ratified on February 3, 1870 (342 days).

Though ratification of the 15th Amendment was not a requirement for readmittance to the Congress of the Confederate states, one of the provisions of the Reconstruction Acts required that the states include a provision in their new constitutions that included a near-copy of the text of the 15th. All of the CSA states except Tennessee, which was immune from the Reconstruction Acts, eventually ratified the 15th Amendment.

Creating Jim Crow
By Ronald L. F. Davis, Ph.D.
CaliforniaStateUniversity, Northridge
The term Jim Crow originated in a song performed by Daddy Rice, a white minstrel show entertainer in the 1830s. Rice covered his face with charcoal paste or burnt cork to resemble a black man, and then sang and danced a routine in caricature of a silly black person. By the 1850s, this Jim Crow character, one of several stereotypical images of black inferiority in the nation's popular culture, was a standard act in the minstrel shows of the day. How it became a term synonymous with the brutal segregation and disfranchisement of African Americans in the late nineteenth-century is unclear. What is clear, however, is that by 1900, the term was generally identified with those racist laws and actions that deprived African Americans of their civil rights by defining blacks as inferior to whites, as members of a caste of subordinate people.