CHAPTER V.. The Victory of the Radicals

The Victory of the Radicals

The soldiers who fought through the war to victory or to defeat had been at home nearly two years before the radicals developed sufficient strength to carry through their plans for a revolutionary reconstruction of the Southern States. At the end of the war a majority of the Northern people would have supported a settlement in accordance with Lincoln's policy. Eight months later a majority, but a smaller one, would have supported Johnson's work had it been possible to secure a popular decision on it. How then did the radicals gain the victory over the conservatives? The answer to this question is given by James Ford Rhodes in terms of personalities: "Three men are responsible for the Congressional policy of Reconstruction: Andrew Johnson, by his obstinacy and bad behavior; Thaddeus Stevens, by his vindictiveness and parliamentary tyranny; Charles Sumner, by his pertinacity in a misguided humanitarianism." The President stood alone in his responsibility, but his chief opponents were the ablest leaders of a resolute band of radicals.

Radicalism did not begin in the Administration of Andrew Johnson. Lincoln had felt its covert opposition throughout the war, but he possessed the faculty of weakening his opponents, while Johnson's conduct usually multiplied the number and the strength of his enemies. At first the radicals criticized Lincoln's policy in regard to slavery, and after the Emancipation Proclamation they shifted their attack to his "ten per cent" plan for organizing the state governments as outlined in the Proclamation of December, 1863. Lincoln's course was distasteful to them because he did not admit the right of Congress to dictate terms, because of his liberal attitude towards former Confederates, and because he was conservative on the negro question. A schism among the Republican supporters of the war was with difficulty averted in 1864, when Frémont threatened to lead the radicals in opposition to the "Union" party of the President and his conservative policy.

The breach was widened by the refusal of Congress to admit representatives from Arkansas and Louisiana in 1864 and to count the electoral vote of Louisiana and Tennessee in 1865. The passage of the Wade-Davis reconstruction bill in July, 1864, and the protests of its authors after Lincoln's pocket veto called attention to the growing opposition. Severe criticism caused Lincoln to withdraw the propositions which he had made in April, 1865, with regard to the restoration of Virginia. In his last public speech he referred with regret to the growing spirit of vindictiveness toward the South. Much of the opposition to Lincoln's Southern policy was based not on radicalism, that is, not on any desire for a revolutionary change in the South, but upon a belief that Congress and not the Executive should be entrusted with the work of reorganizing the Union. Many congressional leaders were willing to have Congress itself carry through the very policies which Lincoln had advocated; and a majority of the Northern people would have endorsed them without much caring who was to execute them.

The murder of Lincoln, the failure of the radicals to shape Johnson's policy as they had hoped, and the continuing reaction against the excessive expansion of the executive power added strength to the opposition. But it was a long fight before the radical leaders won. Their victory was due to adroit tactics on their own part and to mistakes, bad judgment, and bad manners on the part of the President. When all hope of controlling Johnson had been given up, Thaddeus Stevens and other leaders of similar views began to contrive means to circumvent him. On December 1, 1865, before Congress met, a caucus of radicals held in Washington agreed that a joint committee of the two Houses should be selected to which should be referred matters relating to reconstruction. This plan would thwart the more conservative Senate and gain a desirable delay in which the radicals might develop their campaign. The next day at a caucus of the Union party the plan went through without arousing the suspicion of the supporters of the Administration. Next, through the influence of Stevens, Edward McPherson, the clerk of the House, omitted from the roll call of the House the names of the members from the South. The radical program was then adopted and a week later the Senate concurred in the action of the House as to the appointment of a Joint Committee on Reconstruction.

On the issues before Congress both Houses were split into rather clearly defined factions: the extreme radicals with such leaders as Stevens, Sumner, Wade, and Boutwell; the moderate Republicans, chief among whom were Fessenden and Trumbull; the administration Republicans led by Raymond, Doolittle, Cowan, and Dixon; and the Democrats, of whom the ablest were Reverdy Johnson, Guthrie, and Hendricks. All except the extreme radicals were willing to support the President or to come to some fairly reasonable compromise. But at no time were they given an opportunity to get together. Johnson and the administration leaders did little in this direction and the radicals made the most skillful use of the divisions among the conservatives.

Whatever final judgment may be passed upon the radical reconstruction policy and its results, there can be no doubt of the political dexterity of those who carried it through. Chief among them was Thaddeus Stevens, vindictive and unscrupulous, filled with hatred of the Southern leaders, bitter in speech and possessing to an extreme degree the faculty of making ridiculous those who opposed him. He advocated confiscation, the proscription or exile of leading whites, the granting of the franchise and of lands to the negroes, and in Southern States the establishment of territorial governments under the control of Congress. These States should, he said, "never be recognized as capable of acting in the Union ... until the Constitution shall have been so amended as to make it what the makers intended, and so as to secure perpetual ascendancy to the party of the Union."

Charles Sumner, the leader of the radicals in the Senate, was moved less than Stevens by personal hostility toward the whites of the South, but his sympathy was reserved entirely for the blacks. He was unpractical, theoretical, and not troubled by constitutional scruples. To him the Declaration of Independence was the supreme law and it was the duty of Congress to express its principles in appropriate legislation. Unlike Stevens, who had a genuine liking for the negro, Sumner's sympathy for the race was purely intellectual; for the individual negro he felt repulsion. His views were in effect not different from those of Stevens. And he was practical enough not to overlook the value of the negro vote. "To my mind," he said, "nothing is clearer than the absolute necessity of suffrage for all colored persons in the disorganized States. It will not be enough if you give it to those who read and write; you will not, in this way, acquire the voting force which you need there for the protection of unionists, whether white or black. You will not secure the new allies who are essential to the national cause." A leader of the second rank was his colleague Henry Wilson, who was also actuated by a desire for the negro's welfare and for the perpetuation of the Republican party, which he said contained in its ranks "more of moral and intellectual worth than was ever embodied in any political organization in any land ... created by no man or set of men but brought into being by Almighty God himself ... and endowed by the Creator with all political power and every office under Heaven." Shellabarger of Ohio was another important figure among the radicals. The following extract from one of his speeches gives an indication of his character and temperament: "They [the Confederates] framed iniquity and universal murder into law.... Their pirates burned your unarmed commerce upon every sea. They carved the bones of the dead heroes into ornaments, and drank from goblets made out of their skulls. They poisoned your fountains, put mines under your soldiers' prisons; organized bands whose leaders were concealed in your homes; and commissions ordered the torch and yellow fever to be carried to your cities and to your women and children. They planned one universal bonfire of the North from Lake Ontario to the Missouri."

Among the lesser lights may be mentioned Morton and Wade, both bluff, coarse, and ungenerous, and thoroughly convinced that the Republican party had a monopoly of loyalty, wisdom, and virtues, and that by any means it must gain and keep control; Boutwell, fanatical and mediocre; and Benjamin Butler, a charlatan and demagogue. As a class the Western radicals were less troubled by humanitarian ideals than were those of the East and sought more practical political results.

The Joint Committee on Reconstruction which finally decided the fate of the Southern States was composed of eight radicals, four moderate Republicans, and three Democrats. As James Gillespie Blaine wrote later, "it was foreseen that in an especial degree the fortunes of the Republican party would be in the keeping of the fifteen men who might be chosen." This committee was divided into four subcommittees to take testimony. The witnesses, all of whom were examined at Washington, included army officers and Bureau agents who had served in the South, Southern Unionists, a few politicians, and several former Confederates, among them General Robert E. Lee and Alexander H. Stephens. Most of the testimony was of the kind needed to support the contentions of the radicals that negroes were badly treated in the South; that the whites were disloyal; that, should they be left in control, the negro, free labor, the nation, and the Republican party would be in danger; that the army and the Freedmen's Bureau must be kept in the South; and that a radical reconstruction was necessary. No serious effort, however, was made to ascertain the actual conditions in the South. Slow to formulate a definite plan, the Joint Committee guided public sentiment toward radicalism, converted gradually the Republican Congressmen, and little by little undermined the power and influence of the President.

Not until after the new year was it plain that there was to be a fight to the finish between Congress and the President. Congress had refused in December, 1865, to accept the President's program, but there was still hope for a compromise. Many conservatives had voted for the delay merely to assert the rights of Congress; but the radicals wanted time to frame a program. The Northern Democrats were embarrassingly cordial in their support of Johnson and so also were most Southerners. The moderates were not far away from the position of the President and the administration Republicans. But the radicals skillfully postponed a test of strength until Stevens and Sumner were ready. The latter declared that a generation must elapse "before the rebel communities have so far been changed as to become safe associates in a common government. Time, therefore, we must have. Through time all other guarantees may be obtained; but time itself is a guarantee."

To the Joint Committee were referred without debate all measures relating to reconstruction, but the Committee was purposely making little progress--contented merely to take testimony and to act as a clearing house for the radical "facts" about "Southern outrages" while waiting for the tide to turn. The "Black Laws" and the election of popular Confederate leaders to office in the South were effectively used to alarm the friends of the negroes, and the reports from the Bureau agents gave support to those who condemned the Southern state governments as totally inadequate and disloyal.

So apparent was the growth of radicalism that the President, alarmed by the attitude of Sumner and Stevens and their followers, began to fear for the Constitution and forced the fight. The passage of a bill on February 6, 1866, extending the life of the Freedmen's Bureau furnished the occasion for the beginning of the open struggle. On the 19th of February Johnson vetoed the bill, and the next day an effort was made to pass it over the veto. Not succeeding in this attempt, the House of Representatives adopted a concurrent resolution that Senators and Representatives from the Southern States should be excluded until Congress declared them entitled to representation. Ten days later the Senate also adopted the resolution.

Though it was not yet too late for Johnson to meet the conservatives of Congress on middle ground, he threw away his opportunity by an intemperate and undignified speech on the 22d of February to a crowd at the White House. As usual when excited, he forgot the proprieties and denounced the radicals as enemies of the Union and even went so far as to charge Stevens, Sumner, and Wendell Phillips with endeavoring to destroy the fundamental principles of the government. Such conduct weakened his supporters and rejoiced his enemies. It was expected that Johnson would approve the bill to confer civil rights upon the negroes, but, goaded perhaps by the speeches of Stevens, he vetoed it on the 27th of March. Its patience now exhausted, Congress passed the bill over the President's veto. To secure the requisite majority in the Senate, Stockton, Democratic Senator from New Jersey, was unseated on technical grounds, and Senator Morgan, who was "paired" with a sick colleague, broke his word to vote aye--for which Wade offensively thanked God. The moderates had now fallen away from the President and at least for this session of Congress his policies were wrecked. On the 16th of July the supplementary Freedmen's Bureau Act was passed over the veto, and on the 24th of July Tennessee was readmitted to representation by a law the preamble of which asserted unmistakably that Congress had assumed control of reconstruction.

Meanwhile the Joint Committee on Reconstruction had made a report asserting that the Southerners had forfeited all constitutional rights, that their state governments were not in constitutional form, and that restoration could be accomplished only when Congress and the President acted together in fixing the terms of readmission. The uncompromising hostility of the South, the Committee asserted, made necessary adequate safeguards which should include the disfranchisement of the white leaders, either negro suffrage or a reduction of white representation, and repudiation of the Confederate war debt with recognition of the validity of the United States debt. These terms were embodied in the Fourteenth Amendment, which was adopted by Congress and sent to the States on June 13, 1866.

In the congressional campaign of 1866 reconstruction was almost the sole issue. For success the Administration must gain at least one-third of one house, while the radicals were fighting for two-thirds of each House. If the Administration should fail to make the necessary gain, the work accomplished by the Presidents would be destroyed. The campaign was bitter and extended through the summer and fall. Four national conventions were held: the National Union party at Philadelphia made a respectable showing in support of the President; the Southern Unionists, guided by the Northern radicals met at the same place; a soldiers' and sailors' convention at Cleveland supported the Administration; and another convention of soldiers and sailors at Pittsburgh endorsed the radical policies. A convention of Confederate soldiers and sailors at Memphis endorsed the President, but the Southern support and that of the Northern Democrats did not encourage moderate Republicans to vote for the Administration. Three members of Johnson's Cabinet--Harlan, Speed, and Dennison--resigned because they were unwilling to follow their chief further in opposing Congress.

The radicals had plenty of campaign material in the testimony collected by the Joint Committee, in the reports of the Freedmen's Bureau, and in the bloody race riots which had occurred in Memphis and New Orleans. The greatest blunder of the Administration was Johnson's speechmaking tour to the West which he called "Swinging Around the Circle." Every time he made a speech he was heckled by persons in the crowd, lost his temper, denounced Congress and the radical leaders, and conducted himself in an undignified manner. The election returns showed more than a two-thirds majority in each House against the President. The Fortieth Congress would therefore be safely radical, and in consequence the Thirty-ninth was encouraged to be more radical during its last session.

Public interest now for a time turned to the South, where the Fourteenth Amendment was before the state legislatures. The radicals, taunted with having no plan of reconstruction beyond a desire to keep the Southern States out of the Union, professed to see in the ratification of the Fourteenth Amendment a good opportunity to readmit the States on a safe basis. The elections of 1866 had pointed to the ratification of the proposed amendment as an essential preliminary to readmission. But would additional demands be made upon the South? Sumner, Stevens, and Fessenden were sure that negro suffrage also must come, but Wade, Chase, Garfield, and others believed that nothing beyond the terms of the Fourteenth Amendment would be asked.

In the Southern legislatures there was little disposition to ratify the amendment. The rapid development of the radical policies during 1866 had convinced most Southerners that nothing short of a general humiliation and complete revolution in the South would satisfy the dominant party, and there were few who wished to be "parties to our own dishonor." The President advised the States not to accept the amendment, but several Southern leaders favored it, fearing that worse would come if they should reject it. Only in the legislatures of Alabama and Florida was there any serious disposition to accept the amendment; and in the end all the unreconstructed States voted adversely during the fall and winter of 1866-67. This unanimity of action was due in part to the belief that, even if the amendment were ratified, the Southern States would still be excluded, and in part to the general dislike of the proscriptive section which would disfranchise all Confederates of prominence and result in the breaking up of the state governments. The example of unhappy Tennessee, which had ratified the Fourteenth Amendment and had been readmitted, was not one to encourage conservative people in the other Southern States.

The rejection of the amendment put the question of reconstruction squarely before Congress. There was no longer a possibility of accomplishing the reconstruction of the Southern States by means of constitutional amendments. Some of the Border and Northern States were already showing signs of uneasiness at the continued exclusion of the South. But if the Constitutional Amendment had failed, other means of reconstruction were at hand, for the radicals now controlled the Thirty-ninth Congress, from which the Southern representatives were excluded, and would also control the Fortieth Congress.

Under the lead of Stevens and Sumner the radicals now perfected their plans. On January 8, 1867, their first measure, conferring the franchise upon negroes in the District of Columbia, was passed over the presidential veto, though the proposal had been voted down a few weeks earlier by a vote of 6525 to 35 in Washington and 812 to 1 in Georgetown. In the next place, by an act of January 31, 1867, the franchise was extended to negroes in the territories, and on March 2, 1867, three important measures were enacted: the Tenure of Office Act and a rider to the Army Appropriation Act--both designed to limit the power of the President--and the first Reconstruction Act. By the Tenure of Office Act the President was prohibited from removing officeholders except with the consent of the Senate; and by the Army Act he was forbidden to issue orders except through General Grant or to relieve him of command or to assign him to command away from Washington unless at the General's own request or with the previous approval of the Senate. The first measure was meant to check the removal of radical officeholders by Johnson, and the other, which was secretly drawn up for Boutwell by Stanton, was designed to prevent the President from exercising his constitutional command of the army.

The first Reconstruction Act declared that no legal state government existed in the ten unreconstructed States and that there was no adequate protection for life and property. The Johnson and Lincoln governments in those States were declared to have no legal status and to be subject wholly to the authority of the United States to modify or abolish. The ten States were divided into five military districts, over each of which a general officer was to be placed in command. Military tribunals were to supersede the civil courts where necessary. Stevens was willing to rest here, though some of his less radical followers, disliking military rule but desiring to force negro suffrage, inserted a provision in the law that a State might be readmitted to representation upon the following conditions: a constitutional convention must be held, the members of which were elected by males of voting age without regard to color, excluding whites who would be disfranchised by the proposed Fourteenth Amendment; a constitution including the same rule of suffrage must be framed, ratified by the same electorate, and approved by Congress; and lastly, the legislatures elected under this constitution must ratify the proposed Fourteenth Amendment, after which, if the Fourteenth Amendment should have become a part of the Federal Constitution, the State should be readmitted to representation.

In order that the administration of this radical legislation might be supervised by its friends, the Thirty-ninth Congress had passed a law requiring the Fortieth Congress to meet on the 4th of March instead of in December as was customary. According to the Reconstruction Act of the 2nd of March it was left to the state government or to the people of a State to make the first move towards reconstruction. If they preferred, they might remain under military rule. Either by design or by carelessness no machinery of administration was provided for the execution of the act. When it became evident that the Southerners preferred military rule the new Congress passed a Supplementary Reconstruction Act on the 23d of March designed to force the earlier act into operation. The five commanding generals were directed to register the blacks of voting age and the whites who were not disfranchised, to hold elections for conventions, to call the conventions, to hold elections to ratify or reject the constitutions, and to forward the constitutions, if ratified, to the President for transmission to Congress.

In these reconstruction acts the whole doctrine of radicalism was put on the way to accomplishment. Its spread had been rapid. In December, 1865, the majority of Congress would have accepted with little modification the work of Lincoln and Johnson. Three months later the Civil Rights Act measured the advance. Very soon the new Freedmen's Bureau Act and the Fourteenth Amendment indicated the rising tide of radicalism. The campaign of 1866 and the attitude of the Southern States swept all radicals and most moderate Republicans swiftly into a merciless course of reconstruction. Moderate reconstruction had nowhere strong support. Congress, touched in its amour propre by presidential disregard, was eager for extremes. Johnson, who regarded himself as defending the Constitution against radical assaults, was stubborn, irascible, and undignified, and with his associates was no match in political strategy for his radical opponents.

The average Republican or Unionist in the North, if he had not been brought by skillful misrepresentation to believe a new rebellion impending in the South, was at any rate painfully alive to the fear that the Democratic party might regain power. With the freeing of the slaves the representation of the South in Congress would be increased. At first it seemed that the South might divide in politics as before the war, but the longer the delay the more the Southern whites tended to unite into one party acting with the Democrats. With their eighty-five representatives and a slight reaction in the North, they might gain control of the lower House of Congress. The Union-Republican party had a majority of less than one hundred in 1866 and this was lessened slightly in the Fortieth Congress. The President was for all practical purposes a Democrat again. The prospect was too much for the very human politicians to view without distress. Stevens, speaking in support of the Military Reconstruction Bill, said:

There are several good reasons for the passage of this bill. In the first place, it is just. I am now confining my argument to negro suffrage in the rebel States. Have not loyal blacks quite as good a right to choose rulers and make laws as rebel whites? In the second place, it is necessary in order to protect the loyal white men in the seceded States. With them the blacks would act in a body, and it is believed that in each of these States, except one, the two united would form a majority, control the States, and protect themselves. Now they are the victims of daily murder. They must suffer constant persecution or be exiled. Another good reason is that it would insure the ascendancy of the union party.... I believe ... that on the continued ascendancy of that party depends the safety of this great nation. If impartial suffrage is excluded in the rebel States, then every one of them is sure to send a solid rebel electoral vote. They, with their kindred Copperheads of the North, would always elect the President and control Congress.

The laws passed on the 2d and the 23d of March were war measures and presupposed a continuance of war conditions. The Lincoln-Johnson state governments were overturned; Congress fixed the qualifications of voters for that time and for the future; and the President, shorn of much of his constitutional power, could exercise but little control over the military government. Nothing that a State might do would secure restoration until it should ratify the Fourteenth Amendment to the Federal Constitution. The war had been fought upon the theory that the old Union must be preserved; but the basic theory of the reconstruction was that a new Union was to be created.