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CHAPTER III。 THE WORK OF THE PRESIDENTS

The war ended slavery; but it left the problem of the freed slave; it preserved the Union in theory; but it left unsolved many delicate problems of readjustment。 Were the seceded States in or out of the Union? If in the Union; what rights had they? If they were not in the Union; what was their status? What was the status of the Southern Unionist; of the ex…Confederate? What punishments should be inflicted upon the Southern people? What authority; executive or legislative; should carry out the work of reconstruction? The end of the war brought with it; in spite of much discussion; no clear answer to these perplexing questions。

Unfortunately; American political life; with its controversies over colonial government; its conflicting interpretations of written constitutions; and its legally trained statesmen; had by the middle of the nineteenth century produced a habit of political thought which demanded the settlement of most governmental matters upon a theoretical basis。 And now in 1865; each prominent leader had his own plan of reconstruction fundamentally irreconcilable with all the others; because rigidly theoretical。 During the war the powers of the executive had been greatly expanded and a legislative reaction was to be expected。 The Constitution called for fresh interpretation in the light of the Civil War and its results。

The first theory of reconstruction may be found in the Crittenden…Johnson resolutions of July 1861; which declared that the war was being waged to maintain the Union under the Constitution and that it should cease when these objects were obtained。 This would have been subscribed to in 1861 by the Union Democrats and by most of the Republicans; and in 1865 the conquered Southerners would have been glad to reenter the Union upon this basis; but though in 1865 the resolution still expressed the views of many Democrats; the majority of Northern people had moved away from this position。

The attitude of Lincoln; which in 1865 met the views of a majority of the Northern people though not of the political leaders; was that 〃no State can upon its mere motion get out of the Union;〃 that the States survived though there might be some doubt about state governments; and that 〃loyal〃 state organizations might be established by a population consisting largely of ex…Confederates who had been pardoned by the President and made 〃loyal〃 for the future by an oath of allegiance。 Reconstruction was; Lincoln thought; a matter for the executive to handle。 But that he was not inflexibly committed to any one plan is indicated by his proclamation after the pocket veto of the Wade…Davis Bill and by his last speech; in which he declared that the question of whether the seceded States were in the Union or out of it was 〃merely a pernicious abstraction。〃 In addition; Lincoln said:

〃We are all agreed that the seceded States; so called; are out of their proper practical relation with the Union; and that the sole object of the government; civil and military; in regard to those States is to again get them into that proper practical relation。 I believe that it is not only possible; but in fact easier; to do this without deciding or even considering whether these States have ever been out of the Union; than with it。 Finding themselves safely at home; it would be utterly immaterial whether they had ever been abroad。 Let us all join in doing the acts necessary to restore the proper practical relations between these States and the Union; and each forever after innocently indulge his own opinion whether in doing the acts he brought the States from without into the Union; or only gave them proper assistance; they never having been out of it。〃

President Johnson's position was essentially that of Lincoln; but his attitude toward the working out of the several problems was different。 He maintained that the states survived and that it was the duty of the executive to restore them to their proper relations。 〃The true theory;〃 said he; 〃is that all pretended acts of secession were from the beginning null and void。 The States cannot commit treason nor screen individual citizens who may have committed treason any more than they can make valid treaties or engage in lawful commerce with any foreign power。 The states attempting to secede placed themselves in a condition where their vitality was impaired; but not extinguished; their functions suspended; but not destroyed。〃 Lincoln would have had no severe punishments inflicted even on leaders; but Johnson wanted to destroy the 〃slavocracy;〃 root and branch。 Confiscation of estates would; he thought; be a proper measure。 He said on one occasion: 〃Traitors should take a back seat in the work of restoration 。。 。 。 My judgment is that he 'a rebel' should be subjected to a severe ordeal before he is restored to citizenship。 Treason should be made odious; and traitors must be punished and impoverished。 Their great plantations must be seized; and divided into small farms and sold to honest; industrious men。〃 The violence of Johnson's views subsequently underwent considerable modification but to the last he held to the plan of executive restoration based upon state perdurance。 Neither Lincoln nor Johnson favored a change of Southern institutions other than the abolition of slavery; though each recommended a qualified Negro suffrage。

There were; however; other theories in the field; notably those of the radical Republican leaders。 According to the state…suicide theory of Charles Sumner; 〃any vote of secession or other act by which any State may undertake to put an end to the supremacy of the Constitution within its territory is inoperative and void against the Constitution; and when sustained by force it becomes a practical ABDICATION by the State of all rights under the Constitution; while the treason it involves still further works an instant FORFEITURE of all those functions and powers essential to the continued existence of the State as a body politic; so that from that time forward the territory falls under the exclusive jurisdiction of Congress as other territory; and the State; being according to the language of the law felo de se; ceases to exist。〃 Congress should punish the 〃rebels〃 by abolishing slavery; by giving civil and political rights to Negroes; and by educating them with the whites。

Not essentially different; but harsher; was Thaddeus Stevens's plans for treating the South as a conquered foreign province。 Let the victors treat the seceded States 〃as conquered provinces and settle them with new men and exterminate or drive out the present rebels as exiles。〃 Congress in dealing with these provinces was not bound even by the Constitution; 〃a bit of worthless parchment;〃 but might legislate as it pleased in regard to slavery; the ballot; and confiscation。 With regard to the white population; he said: 〃I have never desired bloody punishments to any great extent。 But there are punishments quite as appalling; and longer remembered; than death。 They are more advisable; because they would reach a greater number。 Strip a proud nobility of their bloated estates; reduce them to a level with plain republicans; send them forth to labor; and teach their children to enter the workshops or handle a plow; and you will thus humble the proud traitors。〃 Stevens and Sumner agreed in reducing the Southern States to a territorial status。 Sumner would then take the principles of the Declaration of Independence as a guide for Congress; while Stevens would leave Congress absolute。 Neither considered the Constitution as of any validity in this crisis。

As a rule the former abolitionists were in 1865 advocates of votes and lands for the Negro; in whose capacity for self…rule they had complete confidence。 The view of Gerrit Smith may be regarded as typical of the abolitionist position:

〃Let the first condition of peace with them be that no people in the rebel States shall ever lose or gain civil or political rights by reason of their race or origin。 The next condition of peace be that our black allies in the Souththose saviours of our nationshall share with their poor white neighbors in the subdivisions of the large landed estates of the South。 Let the only other condition be that the rebel masses shall not; for say; a dozen years; be allowed access to the ballot…box; or be eligible to office; and that the like restrictions be for life on their political and military leaders 。 。 。 。 The mass of the Southern blacks fall; in point of intelligence; but little; if any; behind the mass of the Southern whites 。 。 。 。 In reference to the qualifications of the voter; men make too much account of the head and too little of the heart。 The ballot…box; like God; says: 〃Give me your heart。〃 The best…hearted men are the best qualified to vote; and; in this light; the blacks; with their characteristic gentleness; patience; and affectionateness; are peculiarly entitled to vote。 We cannot wonder at Swedenborg's belief that the celestial people will be found in the interior of Africa; nor hardly can we wonder at the legend that the gods came down every year to sup with their favorite Africans。〃

One of the most statesmanlike proposals was made by Governor John A。 Andrew of Massachus

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