A Just and Lasting Peace: A Documentary History of Reconstruction (27 page)

(December 1866)

During the Civil War Douglass, America's foremost black abolitionist, repeatedly pushed Lincoln to free the slaves, arm African-Americans as soldiers, and empower people of color with full civil rights. As Reconstruction unfolded, Douglass condemned the Black Codes and pressed for black suffrage. Along with other Republicans, during the midterm 1866 elections, he worked to undo President Johnson and, in a series of articles in
Atlantic Monthly
, he assessed the meaning of the overwhelming Republican victories (Republicans in the House of Representatives gained a two-thirds majority and therefore could override any future presidential vetoes). According to Douglass, the recent elections signified a people's mandate for a new Reconstruction program, one that would protect the rights of all people, regardless of color or class. He urged the new Thirty-ninth Congress to remove every vestige of slavery from American life and to enfranchise the freedmen. Only political action, Douglass averred, would protect their hard-won new freedoms.

The assembling of the Second Session of the Thirty-ninth Congress may very properly be made the occasion of a few earnest words on the already much-worn topic of reconstruction.

Seldom has any legislative body been the subject of a solicitude more intense, or of aspirations more sincere and ardent. There are the best of reasons for this profound interest. Questions of vast moment, left undecided by the last session of Congress, must be manfully grappled with by this. No political skirmishing will avail. The occasion demands statesmanship.

Whether the tremendous war so heroically fought and so victoriously ended shall pass into history a miserable failure, barren of permanent results,—a scandalous and shocking waste of blood and treasure,—a strife for empire, as Earl Russell characterized it, of no value to liberty or civilization,—an attempt to re-establish a Union by force, which must be the merest mockery of a Union,—an effort to bring under Federal authority States into which no loyal man from the North may safely enter, and to bring men into the national councils who deliberate with daggers and vote with revolvers, and who do not even conceal their deadly hate of the country that conquered them; or whether, on the other hand, we shall, as the rightful reward of victory over treason, have a solid nation, entirely delivered from all contradictions and social antagonisms, based upon loyalty, liberty, and equality, must be determined one way or the other by the present session of Congress. The last session really did nothing which can be considered final as to these questions. The Civil Rights Bill and the Freedmen's Bureau Bill and the proposed constitutional amendments, with the amendment already adopted and recognized as the law of the land, do not reach the difficulty, and cannot, unless the whole structure of the government is changed from a government by States to something like a despotic central government, with power to control even the municipal regulations of States, and to make them conform to its own despotic will. While there remains such an idea as the right of each State to control its own local affairs,—an idea, by the way, more deeply rooted in the minds of men of all sections of the country than perhaps any one other political idea,—no general assertion of human rights can be of any practical value. To change the character of the government at this point is neither possible nor desirable. All that is necessary to be done is to make the government consistent with itself, and render the rights of the States compatible with the sacred rights of human nature.

The arm of the Federal government is long, but it is far too short to protect the rights of individuals in the interior of distant States. They must have the power to protect themselves, or they will go unprotected, spite of all the laws the Federal government can put upon the national statute-book.

Slavery, like all other great systems of wrong, founded in the depths of human selfishness, and existing for ages, has not neglected its own conservation. It has steadily exerted an influence upon all around it favorable to its own continuance. And to-day it is so strong that it could exist, not only without law, but even against law. Custom, manners, morals, religion, are all on its side everywhere in the South; and when you add the ignorance and servility of the ex-slave to the intelligence and accustomed authority of the master, you have the conditions, not out of which slavery will again grow, but under which it is impossible for the Federal government to wholly destroy it, unless the Federal government be armed with despotic power, to blot out State authority, and to station a Federal officer at every crossroad. This, of course, cannot be done, and ought not even if it could. The true way and the easiest way is to make our government entirely consistent with itself, and give to every loyal citizen the elective franchise,—a right and power which will be ever present, and will form a wall of fire for his protection.

One of the invaluable compensations of the late Rebellion is the highly instructive disclosure it made of the true source of danger to republican government. Whatever may be tolerated in monarchical and despotic governments, no republic is safe that tolerates a privileged class, or denies to any of its citizens equal rights and equal means to maintain them. What was theory before the war has been made fact by the war.

There is cause to be thankful even for rebellion. It is an impressive teacher, though a stern and terrible one. In both characters it has come to us, and it was perhaps needed in both. It is an instructor never a day before its time, for it comes only when all other means of progress and enlightenment have failed. Whether the oppressed and despairing bondman, no longer able to repress his deep yearnings for manhood, or the tyrant, in his pride and impatience, takes the initiative, and strikes the blow for a firmer hold and a longer lease of oppression, the result is the same,—society is instructed, or may be.

Such are the limitations of the common mind, and so thoroughly engrossing are the cares of common life, that only the few among men can discern through the glitter and dazzle of present prosperity the dark outlines of approaching disasters, even though they may have come up to our very gates, and are already within striking distance. The yawning seam and corroded bolt conceal their defects from the mariner until the storm calls all hands to the pumps. Prophets, indeed, were abundant before the war; but who cares for prophets while their predictions remain unfulfilled, and the calamities of which they tell are masked behind a blinding blaze of national prosperity?

It is asked, said Henry Clay, on a memorable occasion, Will slavery never come to an end? That question, said he, was asked fifty years ago, and it has been answered by fifty years of unprecedented prosperity. Spite of the eloquence of the earnest Abolitionists,—poured out against slavery during thirty years,—even they must confess, that, in all the probabilities of the case, that system of barbarism would have continued its horrors far beyond the limits of the nineteenth century but for the Rebellion, and perhaps only have disappeared at last in a fiery conflict, even more fierce and bloody than that which has now been suppressed.

It is no disparagement to truth, that it can only prevail where reason prevails. War begins where reason ends. The thing worse than rebellion is the thing that causes rebellion. What that thing is, we have been taught to our cost. It remains now to be seen whether we have the needed courage to have that cause entirely removed from the Republic. At any rate, to this grand work of national regeneration and entire purification Congress must now address itself, with full purpose that the work shall this time be thoroughly done. The deadly upas, root and branch, leaf and fibre, body and sap, must be utterly destroyed. The country is evidently not in a condition to listen patiently to pleas for postponement, however plausible, nor will it permit the responsibility to be shifted to other shoulders. Authority and power are here commensurate with the duty imposed. There are no cloud-flung shadows to obscure the way. Truth shines with brighter light and intenser heat at every moment, and a country torn and rent and bleeding implores relief from its distress and agony.

If time was at first needed, Congress has now had time. All the requisite materials from which to form an intelligent judgment are now before it. Whether its members look at the origin, the progress, the termination of the war, or at the mockery of a peace now existing, they will find only one unbroken chain of argument in favor of a radical policy of reconstruction. For the omissions of the last session, some excuses may be allowed. A treacherous President stood in the way; and it can be easily seen how reluctant good men might be to admit an apostasy which involved so much of baseness and ingratitude. It was natural that they should seek to save him by bending to him even when he leaned to the side of error. But all is changed now. Congress knows now that it must go on without his aid, and even against his machinations. The advantage of the present session over the last is immense. Where that investigated, this has the facts. Where that walked by faith, this may walk by sight. Where that halted, this must go forward, and where that failed, this must succeed, giving the country whole measures where that gave us half-measures, merely as a means of saving the elections in a few doubtful districts. That Congress saw what was right, but distrusted the enlightenment of the loyal masses; but what was forborne in distrust of the people must now be done with a full knowledge that the people expect and require it. The members go to Washington fresh from the inspiring presence of the people. In every considerable public meeting, and in almost every conceivable way, whether at court-house, school-house, or cross-roads, in doors and out, the subject has been discussed, and the people have emphatically pronounced in favor of a radical policy. Listening to the doctrines of expediency and compromise with pity, impatience, and disgust, they have everywhere broken into demonstrations of the wildest enthusiasm when a brave word has been spoken in favor of equal rights and impartial suffrage. Radicalism, so far from being odious, is not the popular passport to power. The men most bitterly charged with it go to Congress with the largest majorities, while the timid and doubtful are sent by lean majorities, or else left at home. The strange controversy between the President and the Congress, at one time so threatening, is disposed of by the people. The high reconstructive powers which he so confidently, ostentatiously, and haughtily claimed, have been disallowed, denounced, and utterly repudiated; while those claimed by Congress have been confirmed.

(December 3, 1866)

Despite his party's serious losses in the 1866 midterm elections, Johnson nevertheless believed that he retained the support of the American people; he believed that they would sustain his Reconstruction policies over those of the Radical Republicans, including the Fourteenth Amendment, which passed Congress on June 13, 1866. In his second annual message, Johnson listed what he considered his successes in restoring the Union and insisted that he would continue in accord with the Founding Fathers' intentions. The president urged Congress to admit to the Senate and House of Representatives persons elected from the former Confederate states. As 1867 dawned, Johnson remained confident, defiant, and unyielding to his increasingly vocal critics.

In my message of the 4th of December, 1865, Congress was informed of the measures which had been instituted by the Executive with a view to the gradual restoration of the States in which the insurrection occurred to their relations with the General Government. Provisional Governors had been appointed, conventions called, Governors elected, Legislatures assembled, and Senators and Representatives chosen to the Congress of the United States. Courts had been opened for the enforcement of laws long in abeyance. The blockade had been removed, custom-houses re-established, and the internal revenue laws put in force, in order that the people might contribute to the national income. Postal operations had been renewed, and efforts were being made to restore them to their former condition of efficiency. The States themselves had been asked to take part in the high function of amending the Constitution, and of thus sanctioning the extinction of African slavery as one of the legitimate results of our internecine struggle.

Having progressed thus far, the executive department found that it had accomplished nearly all that was within the scope of its constitutional authority. One thing, however, yet remained to be done before the work of restoration could be completed, and that was the admission to Congress of loyal Senators and Representatives from the States whose people had rebelled against the lawful authority of the General Government. This question devolved upon the respective Houses, which, by the Constitution, are made the judges of the elections, returns, and qualifications of their own members; and its consideration at once engaged the attention of Congress.

In the mean time, the executive department—no other plan having been proposed by Congress—continued its efforts to perfect, as far as was practicable, the restoration of the proper relations between the citizens of the respective States, the States, and the Federal Government, extending, from time to time, as the public interests seemed to require, the judicial, revenue, and postal systems of the country. With the advice and consent of the Senate, the necessary officers were appointed, and appropriations made by Congress for the payment of their salaries. The proposition to amend the Federal Constitution so as to prevent the existence of slavery within the United States or any place subject to their jurisdiction, was ratified by the requisite number of States, and, on the 18th day of December, 1865, it was officially declared to have become valid as a part of the Constitution of the United States. All of the States in which the insurrection had existed promptly amended their constitutions so as to make them conform to the great change thus effected in the organic law of the land; declared null and void all ordinances and laws of secession; repudiated all pretended debts and obligations created for the revolutionary purposes of the insurrection; and proceeded, in good faith, to the enactment of measures for the protection and amelioration of the condition of the colored race. Congress, however, yet hesitated to admit any of these States to representation; and it was not until towards the close of the eighth month of the session that an exception was made in favor of Tennessee by the admission of her Senators and Representatives.

I deem it a subject of profound regret that Congress has thus far failed to admit to seats loyal Senators and Representatives from the other States whose inhabitants, with those of Tennessee, had engaged in the rebellion. Ten States—more than one-fourth of the whole number—remain without representation! The seats of fifty members in the House of Representatives and of twenty members in the Senate are yet vacant—not by their own consent, not by a failure of election, but by the refusal of Congress to accept their credentials. Their admission, it is believed, would have accomplished much towards the renewal and strengthening of our relations as one people, and removed serious cause for discontent on the part of the inhabitants of those States. It would have accorded with the great principle enunciated in the Declaration of American Independence, that no people ought to bear the burden of taxation and yet be denied the right of representation. It would have been in consonance with the express provisions of the Constitution, that “each State shall have at least one Representative,” and “that no State, without its consent, shall be deprived of its equal suffrage in the Senate.” These provisions were intended to secure to every State, and to the people of every State, the right of representation in each House of Congress; and so important was it deemed by the framers of the Constitution that the equality of the States in the Senate should be preserved, that not even by an amendment of the Constitution can any State, without its consent, be denied a voice in that branch of the national Legislature.

It is true, it has been assumed that the existence of the States was terminated by the rebellious acts of their inhabitants, and that the insurrection having been suppressed, they were thenceforward to be considered merely as conquered territories. The legislative, executive, and judicial departments of the Government have, however, with great distinctness and uniform consistency, refused to sanction an assumption so incompatible with the nature of our republican system and with the professed objects of the war. Throughout the recent legislation of Congress, the undeniable fact makes itself apparent, that these ten political communities are nothing less than States of this Union. At the very commencement of the rebellion each House declared, with a unanimity as remarkable as it was significant, that the war was not “waged, upon our part, in any spirit of oppression, nor for any purpose of conquest or subjugation, nor purpose of overthrowing or interfering with the rights or established institutions of those States, but to defend and maintain the supremacy of the Constitution and all laws made in pursuance thereof, and to preserve the Union with all the dignity, equality and rights of the several States unimpaired; and that as soon as these objects” were “accomplished the war ought to cease.” In some instances Senators were permitted to continue their legislative functions, while in other instances Representatives were elected and admitted to seats after their States had formally declared their right to withdraw from the Union, and were endeavoring to maintain that right by force of arms. All of the States whose people were in insurrection, as States, were included in the apportionment of the direct tax of $20,000,000 annually, laid upon the United States by the act approved 5th August, 1861. Congress, by the act of March 4, 1862, and by the apportionment of representation thereunder, also recognized their presence as States in the Union; and they have, for judicial purposes, been divided into districts, as States alone can be divided. The same recognition appears in the recent legislation in reference to Tennessee, which evidently rests upon the fact that the functions of the State were not destroyed by the rebellion, but merely suspended; and that principle is of course applicable to those States which, like Tennessee, attempted to renounce their place in the Union.

The action of the executive department of the Government upon this subject has been equally definite and uniform, and the purpose of the war was specifically stated in the proclamation issued by my predecessor on the 22d day of September, 1862. It was then solemnly proclaimed and declared that “hereafter, as heretofore, the war will be prosecuted for the object of practically restoring the constitutional relation between the United States and each of the States and the people thereof, to which States that relation is or may be suspended or disturbed.”

The recognition of the States by the judicial department of the Government has also been clear and conclusive in all proceedings affecting them as States, had in the Supreme, Circuit, and District Courts.

In the admission of Senators and Representatives from any and all of the States, there can be no just ground of apprehension that persons who are disloyal will be clothed with the powers of legislation; for this could not happen when the Constitution and the laws are enforced by a vigilant and faithful Congress. Each House is made the “judge of the elections, returns, and qualifications of its own members,” and may, “with the concurrence of two-thirds, expel a member.” When a Senator or Representative presents his certificate of election, he may at once be admitted or rejected; or, should there be any question as to his eligibility, his credentials may be referred for investigation to the appropriate committee. If admitted to a seat, it must be upon evidence satisfactory to the House of which he thus becomes a member that he possesses the requisite constitutional and legal qualifications. If refused admission as a member, for want of due allegiance to the Government, and returned to his constituents, they are admonished that none but persons loyal to the United States will be allowed a voice in the legislative councils of the nation, and the political power and moral influence of Congress are thus effectively exerted in the interests of loyalty to the Government and fidelity to the Union. Upon this question, so vitally affecting the restoration of the Union and the permanency of our present form of government, my convictions, heretofore expressed, have undergone no change; but, on the contrary, their correctness has been confirmed by reflection and time. If the admission of loyal members to seats in the respective Houses of Congress was wise and expedient a year ago, it is no less wise and expedient now. If this anomalous condition is right now—if, in the exact condition of these States at the present time, it is lawful to exclude them from representation, I do not see that the question will be changed by the efflux of time. Ten years hence, if these States remain as they are, the right of representation will be no stronger, the right of exclusion will be no weaker.

The Constitution of the United States makes it the duty of the President to recommend to the consideration of Congress “such measures as he shall judge necessary or expedient.” I know of no measure more imperatively demanded by every consideration of national interest, sound policy, and equal justice, than the admission of loyal members from the now unrepresented States. This would consummate the work of restoration, and exert a most salutary influence in the re-establishment of peace, harmony, and fraternal feeling. It would tend greatly to renew the confidence of the American people in the vigor and stability of their institutions. It would bind us more closely together as a nation, and enable us to show to the world the inherent and recuperative power of a Government founded upon the will of the people, and established upon the principles of liberty, justice, and intelligence. Our increased strength and enhanced prosperity would irrefragably demonstrate the fallacy of the arguments against free institutions drawn from our recent national disorders by the enemies of republican government. The admission of loyal members from the States now excluded from Congress, by allaying doubt and apprehension, would turn capital, now awaiting an opportunity for investment, into the channels of trade and industry. It would alleviate the present troubled condition of those States, and, by inducing emigration, aid in the settlement of fertile regions now uncultivated, and lead to an increased production of those staples which have added so greatly to the wealth of the nation and the commerce of the world. New fields of enterprise would be opened to our progressive people, and soon the devastations of war would be repaired, and all traces of our domestic differences effaced from the minds of our countrymen.