Reconstruction Acts

Last updated

The Reconstruction Acts, or the Military Reconstruction Acts (March 2, 1867, 14 Stat. 428-430, c.153; March 23, 1867, 15 Stat. 2-5, c.6; July 19, 1867, 15 Stat. 14-16, c.30; and March 11, 1868, 15 Stat. 41, c.25), were four statutes passed during the Reconstruction Era by the 40th United States Congress addressing the requirement for Southern States to be readmitted to the Union. The actual title of the initial legislation was "An act to provide for the more efficient government of the Rebel States" [1] and was passed on March 4, 1867. Fulfillment of the requirements of the Acts was necessary for the former Confederate States to be readmitted to the Union from military and Federal control imposed during and after the American Civil War. The Acts excluded Tennessee, which had already ratified the 14th Amendment and had been readmitted to the Union on July 24, 1866. [2]

Contents

Background

Reconstruction first began under the Union Army, which implemented policies conducive to their military goals. The succession of Andrew Johnson to the Presidency following the assassination of Abraham Lincoln was initially supported by Radicals in Congress, who thought Johnson's policies would be more punitive and far reaching than Lincoln's. However, the Radicals disapproved of how Johnson took a conciliatory approach and inflicted almost no punishment on the South, and how Johnson permitted Southern states to pass the Black Codes and to elect former Confederates to Congress. Johnson sought to finish Reconstruction by December 1865, before Congress would meet again. When Congress met in 1866, they overturned all of the President's decisions related to reconstruction, barring delegations from the Southern States from entering the Congress, and passing the Freedmen's Bureau Bill and the Civil Rights Act of 1866, both over Johnson's veto. Johnson's hostility to Congressional plans led to growing discontent in Congress with his administration. The midterm elections of 1866 produced a resounding endorsement of Radical policy and a rejection of Johnson's, effectively leaving Johnson powerless to slow down the plans of the Radical Congress. Support grew among Congressional Republicans to wipe away the current Johnson state governments and their abuses and to create new governments.

History

The passage of the Reconstruction Acts marks the beginning of Congressional Reconstruction. The Acts set forth the requirements for the late rebel states to regain entry into the Union. For reentry, each state had to draft a new state constitution, which would have to be approved by Congress. These constitutions would have to enfranchise the freedmen and abolish the Black Codes. A key addition of the Acts included the creation of five military districts in the South, each commanded by a general, which would serve as the highest authority for the region, though few generals were actively involved in day to day affairs, especially after new constitutions were passed. The states were also required to ratify the Fourteenth Amendment to the United States Constitution. President Andrew Johnson's vetoes of these measures were overridden by Congress. The Military Reconstruction Acts served to greatly increase the power of the Federal government over that of the States, and were perceived by most Southerners as justifying antebellum worries about the potential of Northern sectional dominance leading into the Civil War.

Each Military Reconstruction Act had slightly different requirements for readmission to the Union, and were successively passed in response to various political developments in the Southern States. For example, the earlier acts required that the new State Constitutions be approved by a popular vote, earning the approval of a majority of the population registered to vote (mostly freed blacks and non-confederate whites). In Mississippi, where the State's proposed Constitution was overwhelmingly hated by the public, the opponents of the new Constitution refused to vote, making it impossible for a majority of registered voters to approve of the State Constitution. In response, the Radical Congress passed another Reconstruction Act, changing the requirement for a new Constitution to require only a majority of actual voters to approve. Because opponents of the Reconstruction Constitution didn't vote, the majority of actual voters were in favor, and the Constitution was automatically ratified. Congressional actions like this served to drastically lower the trust of Southerners in the Federal Government. [3]

General George Meade (of the Third Military District) appointed Brig. General Thomas H. Ruger [4] to replace Governor of Georgia Charles J. Jenkins, who had been elected as the only candidate in 1865 to succeed James Johnson, who had been appointed by President Andrew Johnson.

After Ex parte McCardle (1869) came before the United States Supreme Court, Congress feared that the Court might strike the Reconstruction Acts down as unconstitutional. To prevent this, Congress repealed the Habeas Corpus Act of 1867, eliminating the Supreme Court's jurisdiction over the case.

See also

Related Research Articles

<span class="mw-page-title-main">Reconstruction era</span> Military occupation of southern US states from 1865 to 1877

The Reconstruction era was a period in United States history following the American Civil War, dominated by the legal, social, and political challenges of ending abolishing slavery and reintegrating the former Confederate States of America into the United States. During this period, three amendments were added to the United States Constitution to grant equal civil rights to the newly freed slaves.

<span class="mw-page-title-main">Tenure of Office Act (1867)</span> Federal United States law

The Tenure of Office Act was a United States federal law, in force from 1867 to 1887, that was intended to restrict the power of the president to remove certain office-holders without the approval of the U.S. Senate. The law was enacted March 2, 1867, over the veto of President Andrew Johnson. It purported to deny the president the power to remove any executive officer who had been appointed by the president with the advice and consent of the Senate, unless the Senate approved the removal during the next full session of Congress.

<span class="mw-page-title-main">Timeline of United States history (1860–1899)</span>

This section of the timeline of United States history concerns events from 1860 to 1899.

The Radical Republicans were a faction within the Republican Party originating from the party's founding in 1854—some six years before the Civil War—until the Compromise of 1877, which effectively ended Reconstruction. They called themselves "Radicals" because of their goal of immediate, complete, and permanent eradication of slavery in the United States. They were opposed during the war by the Moderate Republicans, and by the Democratic Party. Radicals led efforts after the war to establish civil rights for former slaves and fully implement emancipation. After unsuccessful measures in 1866 resulted in violence against former slaves in the rebel states, Radicals pushed the Fourteenth Amendment for statutory protections through Congress. They opposed allowing ex-Confederate officers to retake political power in the Southern U.S., and emphasized equality, civil rights and voting rights for the "freedmen", i.e., former slaves who had been freed during or after the Civil War by the Emancipation Proclamation and the Thirteenth Amendment.

<span class="mw-page-title-main">African Americans in the United States Congress</span>

From the first United States Congress in 1789 through the 116th Congress in 2020, 162 African Americans served in Congress. Meanwhile, the total number of all individuals who have served in Congress over that period is 12,348. Between 1789 and 2020, 152 have served in the House of Representatives, 9 have served in the Senate, and 1 has served in both chambers. Voting members have totaled 156, with 6 serving as delegates. Party membership has been 131 Democrats and 31 Republicans. While 13 members founded the Congressional Black Caucus in 1971 during the 92nd Congress, in the 116th Congress (2019-2020), 56 served, with 54 Democrats and 2 Republicans.

<span class="mw-page-title-main">1866–67 United States House of Representatives elections</span> House elections for the 40th U.S. Congress

The 1866–67 United States House of Representatives elections were held on various dates in various states between June 4, 1866, and September 6, 1867. They occurred during President Andrew Johnson's term just one year after the American Civil War ended when the Union defeated the Confederacy. Each state set its own date for its elections to the House of Representatives. Members were elected before or after the first session of the 40th United States Congress convened on March 4, 1867, including the at-large seat from the new state of Nebraska. Ten secessionist states still had not yet been readmitted, and therefore were not seated.

The Committee of Nine was a group of conservative political leaders in Virginia, led by Alexander H. H. Stuart, following the American Civil War, when Virginia was required to adopt a new Constitution acknowledging the abolition of slavery before its readmission into the Union. They engineered the federal and state political machinery so that separate votes would be taken on the constitution and provisions restricting voting and office-holding rights of former Confederates.

<span class="mw-page-title-main">New Orleans Massacre of 1866</span> Confederate attack on constitutional convention

The New Orleans Massacre of 1866 occurred on July 30, when a peaceful demonstration of mostly Black Freedmen was set upon by a mob of white rioters, many of whom had been soldiers of the recently defeated Confederate States of America, leading to a full-scale massacre. The violence erupted outside the Mechanics Institute, site of a reconvened Louisiana Constitutional Convention. According to the official report, a total of 38 were killed and 146 wounded, of whom 34 dead and 119 wounded were Black Freedmen. Unofficial estimates were higher. Gilles Vandal estimated 40 to 50 Black Americans were killed and more than 150 Black Americans wounded. Others have claimed nearly 200 were killed. In addition, three white convention attendees were killed, as was one white protester.

<span class="mw-page-title-main">39th United States Congress</span> Legislative branch of the U.S. federal government from March 4, 1865 to March 4, 1867

The 39th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C., from March 4, 1865, to March 4, 1867, during Abraham Lincoln's final month as president, and the first two years of the administration of his successor, Andrew Johnson.

<span class="mw-page-title-main">First Military District</span>

The First Military District of the U.S. Army was one of five temporary administrative units of the U.S. War Department that existed in the American South. The district was stipulated by the Reconstruction Acts during the Reconstruction period following the American Civil War. It only included Virginia, and was the smallest of the five military districts in terms of size. The district was successively commanded by Brigadier General John Schofield (1867–1868), Colonel George Stoneman (1868–1869) and Brigadier General Edward Canby (1869–1870).

<span class="mw-page-title-main">Fourth Military District</span>

The Fourth Military District of the U.S. Army was one of five temporary administrative units of the U.S. War Department that existed in the American South. The district was stipulated by the Reconstruction Acts during the Reconstruction period following the American Civil War. It included the occupation troops in the states of Arkansas and Mississippi. At various times, the district was commanded by generals Edward Ord, Alvan Cullem Gillem, and Adelbert Ames.

The Ironclad Oath was an oath promoted by Radical Republicans that required federal employees, lawyers, and federal elected officials to swear upon entry of office that they had never supported the Confederacy. The first such law adopted by Congress was in 1862 which attempted to make the oath a requirement for the incoming members of the 38th United States Congress to take the oath. In 1863, President Abraham Lincoln proposed the Ten percent plan, which proposed that a state in rebellion could be reintegrated if a similar oath, with an additional pledge to abide by the nationwide abolition of slavery, was taken by 10% of its voters. Congress then attempted to raise this to 51% of voters in the Wade–Davis Bill of 1864, which Lincoln pocket vetoed on the grounds that it was too harsh. After the assassination of Lincoln in 1865, his successor, Andrew Johnson, opposed the oath altogether. Given the temporary disenfranchisement of the numerous Confederate veterans and local civic leaders, a new Republican biracial coalition came to power in the eleven Southern states during Reconstruction. Southern conservative Democrats were angered to have been disenfranchised.

<span class="mw-page-title-main">Impeachment of Andrew Johnson</span> 1868 impeachment of Andrew Johnson, 17th US president

The impeachment of Andrew Johnson was initiated on February 24, 1868, when the United States House of Representatives passed a resolution to impeach Andrew Johnson, the 17th president of the United States, for "high crimes and misdemeanors". The alleged high crimes and misdemeanors were afterwards specified in eleven articles of impeachment adopted by the House on March 2 and 3, 1868. The primary charge against Johnson was that he had violated the Tenure of Office Act. Specifically, that he had acted to remove from office Edwin Stanton and to replace him with Brevet Major General Lorenzo Thomas as secretary of war ad interim. The Tenure of Office had been passed by Congress in March 1867 over Johnson's veto with the primary intent of protecting Stanton from being fired without the Senate's consent. Stanton often sided with the Radical Republican faction and did not have a good relationship with Johnson.

At the end of the American Civil War, the devastation and disruption in the state of Georgia were dramatic. Wartime damage, the inability to maintain a labor force without slavery, and miserable weather had a disastrous effect on agricultural production. The state's chief cash crop, cotton, fell from a high of more than 700,000 bales in 1860 to less than 50,000 in 1865, while harvests of corn and wheat were also meager. The state government subsidized construction of numerous new railroad lines. White farmers turned to cotton as a cash crop, often using commercial fertilizers to make up for the poor soils they owned. The coastal rice plantations never recovered from the war.

<span class="mw-page-title-main">Presidency of Andrew Johnson</span> U.S. presidential administration from 1865 to 1869

The presidency of Andrew Johnson began on April 15, 1865, when Andrew Johnson became President of the United States upon the assassination of President Abraham Lincoln, and ended on March 4, 1869. He had been Vice President of the United States for only six weeks when he succeeded to the presidency. The 17th United States president, Johnson was a member of the Democratic Party before the Civil War and had been Lincoln's 1864 running mate on the National Union ticket, which was supported by Republicans and War Democrats. Johnson took office as the Civil War came to a close, and his presidency was dominated by the aftermath of the war. As president, Johnson attempted to build his own party of Southerners and conservative Northerners, but he was unable to unite his supporters into a new party. Republican Ulysses S. Grant succeeded Johnson as president.

<span class="mw-page-title-main">Commanding generalship of Ulysses S. Grant</span>

After the Civil War, Ulysses S. Grant spent four years as head of the United States Army in peacetime. With his defeat of Robert E. Lee and the Confederacy, Grant was the most popular man in the country. As the Civil War ended Grant turned his attention to the Plains in the American West where there were numerous conflicts between white settlers, railroads, and Native Americans that resulted in wars between the Natives and the U.S. military. While the attempted Fenian invasion of Canada and French intervention in Mexico took some of his time, Grant's biggest focus was on Reconstruction of the defeated Southern states. Grant found himself caught between President Andrew Johnson, who wanted leniency to the South and a continuation of the social structure there, and the Radical Republicans in Congress, who wanted harsher punishment to rebel leaders and more government assistance to the freed slaves. Grant preserved his popularity and authority throughout the crisis that culminated in Johnson's impeachment. In 1868, the Republicans nominated Grant for president, and he won easily over his Democratic challenger.

<span class="mw-page-title-main">Virginia Constitutional Convention of 1868</span>

The Virginia Constitutional Convention of 1868, was an assembly of delegates elected by the voters to establish the fundamental law of Virginia following the American Civil War and the Fourteenth Amendment to the US Constitution. The Convention, which met from December 3, 1867 until April 17, 1868, set the stage for enfranchising freedmen, Virginia's readmission to Congress and an end to Congressional Reconstruction.

The first impeachment inquiry against Andrew Johnson was launched by a vote of the United States House of Representatives on January 7, 1867, to investigate the potential impeachment of the President of the United States, Andrew Johnson. It was run by the House Committee on the Judiciary.

<span class="mw-page-title-main">Reconstruction military districts</span> Temporary administrative units of the U.S. War Department in the American South

Following the end of the American Civil War, five Reconstruction Military Districts of the U.S. Army were established as temporary administrative units of the U.S. War Department in the American South. The districts were stipulated by the Reconstruction Acts during the Reconstruction period following the American Civil War.

Eleven articles of impeachment against United States President Andrew Johnson were adopted by the United States House of Representatives on March 2 and 3, 1868 as part of the impeachment of Johnson. An impeachment resolution had previously been adopted by the House on February 24, 1868. Each of the articles were a separate charge which Johnson would be tried for in his subsequent impeachment trial before the United States Senate.

References

  1. "A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774–1875 | Statutes at Large, 39th Congress, 2nd Session". Library of Congress . Retrieved November 15, 2019.
  2. "Tennessee re-admitted to the Union". Gilder Lehrman Institute of American History . Archived from the original on October 22, 2014. Retrieved November 15, 2019.
  3. Merton, Coulter, E. (1965). The South during reconstruction, 1865-1877. Louisiana State University Press. OCLC   874697241.{{cite book}}: CS1 maint: multiple names: authors list (link)
  4. Knight, Lucian Lamar (1917). A Standard History of Georgia and Georgians. Vol. 2. Lewish publishing Company. p. 830. ISBN   9785876667304. OCLC   1855247.

Further reading