The American Civil War: Reconstruction

Figure 1.--This illustration was part of an article about education in Mississippi in "Harper's Weekly" (June 23, 1866), p. 392. The Harper's caption read, "Primary School for Freedmen, in charge of Mrs. Green, at Vicksburg, Mississippi." The article describes how racial animosity (white violence) impeded the education of blacks. The teacher, Mrs. Green, is one of a few whites in Mississpi who believed that it was advisable to educate blaclks. Lost Cause historians criticized the Reconstruction Southern state legislatures for licentious spending. Few made it cear that much of the higher spending was for public South. Before the Cicil War, the southern states had weak sometimes non-existant public school systems and teaching slaves to read was illegal.

After the Civil War, the Federal Government began a process of Reconstruction. The Federal Government descipte Southern critics, persued a soft peace. Southern soldeiers were allowed to simply return home after afirming loyalty. Lee's soldiers after surrender were not even interned. The same was true of Johnston's soldiers in North Carolina who surrendered soon after. Blacks had great hopes for the future. White southerners attepted to intoduce a legal system which kept the freed slaves in a state of servitude. Their primary instrument was the Black Codes (1865). They resstricted the rights of Blacks and limited economic and educatioinal opportunities. White southerners formed a secret paramilitary white supremacist organization, the Ku Klux Klan (KKK). The KKK terrorized blacks with beatings, whippings, burning of homes and lynching. Radical Republicans in Congress persue a policy aimed at protecting southern Blacks. Here the quarled with President Johnson (1864-69). President Grant was more supportive (1869-77). The central step taken was the passage of the 13-15 amendments which abolished slavery and guaranted the civil rights, including the right to vote, of the freed slaves and guaranteed the equal protection of the law. (The Emancipation proclamation was an executive order and open to legal chgalenge.) The slaves were freed, Reconstruction brought great hope for change in the South. There were some considerable gains made. Schools were established and Blacks elected to public office. The Freedman's Bureau was established. After President Hayes (1877-81) withdrew Federal troops from the South, the white majority began to take away the civil rights that the freed slaves had briefly experienced.

Soft Peace

The Federal Government descipte Southern critics, persued a soft peace. Southern soldeiers were allowed to simply return home after afirming loyalty. Lee's soldiers after surrender were not even interned. The same was true of Johnston's soldiers in North Carolina who surrendered soon after.

President Lincoln

It is not clear how President Lincoln would have conducted Reconstruction. He made it clear in the Second Inagural that he desired a consilitory poilcy. We do not know, however, to what extent he would have resisted the Black Codes and other measures established in the South to limit black civil rights. We do known that the Freedmans' Bureau was established while Lincoln was still president.

The Freeman's Bureau

Congress established the Freeman's Bureau to assist the emancipated slaves after the Civil War (March 3, 1865). The Bureau sought to protect the interests of former slaves. The Bureau persued a range of programs in an effort to obtain jobs and provide education as well as basic health services. The Bureau in the next 12 months dispersed $17 million to set up 4,000 schools and 100 hospitals and to provide hosing and food. This was a social welfare program unlike any ever attempted by the Federal Government. It also involved activities like education that were areas that had been the preserve of state government. The Radical Republicans attempted to expand the work of the Bureau, but the law Vongress passed was vetoed by President Andrew Johnson (February 1866). The struggle with the president would eventually result in his impeachment.

Restoration of Civil Government

The former Conderate states, except Texas, by the end of 1865 had complied with the requirements established by President Johnson for restoring civil government. The requirements did not address the civil rights of the emancipated slaves.

Black Aspirations

Blacks had great hopes for the future.

Black Codes (1865)

White southerners attepted to intoduce a legal system which kept the freed slaves in a state of servitude. Their primary instrument was the Black Codes. The black codes were laws passed by state cauthoirities to define the legal status of emancipated slaves. The Black Codes resstricted the rights of Blacks and limited economic and educatioinal opportunities. Whites in particular refused to enfranchise blacks. The Emancipation Proclamation had freed the slaves in the states that has seceeded, but it did not enfranchise them. Other provisions of the black codes prohibited blackis from sitting on juries, limited their ability to testify against white men, banned them from carrying guns and other weapons in public. The Republican Congress in an effiort to strike down the black codes passed a Civil Riughts Bill, but President Johnson vetoed it (April 1866).

Ku Klux Klan

Southern Whittes not only used legal means such as Black Codes to control emancipated blacks, but they turned to extras-legal terrorism as well. Much of this was accomplished through covert vigelantee action through secret soicieties, especisally the Ku lux Klan. The impetus here was provided by famed Confederate Calvalry commander, Nathan Bedford Forest. The Klan was founded in Tennesee but rapidly expanded throughout the South. White southerners formed a secret paramilitary white supremacist organization, the Ku Klux Klan (KKK). The KKK terrorized blacks with beatings, whippings, burning of homes and lynching. The Klan was active. The Klan operated throughout the South during the Renconstruction era, but then with the pasage of Federal terrorism laws and the success of white southerens in regaining control of state governments, the Klan largely disappeared. It was later revived and this time spread beyond the borders of the former Confederate states.

Radical Republicans

Radical Republicans in Congress were strengthened by the election of 1866. They dominated Congress because the states that secceeded were not allowed to resume their Congressional seats. Thus the democrats were a minority. The Reoublicans persued a policy aimed at protecting southern blacks. Here there were both ethical and political convictions. The Radical Republicans had been the core support for abolition. There were also political concerns. Black sufferage in the South meant suppprt for the Republican Party from southern states. The Radical Republicans were led by Congressman Thaddeus Stevens and Senator Charles Sumner. They were determined to make black civil rights a cornerstone of Reconstruction.

Reconstruction Act (1867)

Radical Reoublicans strengthened by the 1866 election passed the Reconstruction Act (1867). TYhe Act suuplanted previous acts. It divided the states that had secceeded (except Tennessee) into five milkitary districts. Goverernmental authority was placed in the hands of military commanders.

President Johnson

Here the quarled with President Johnson (1864-69). The Republicans impeached the President over the issue of the Tenure of Office Act (1867). Congress passed the Act over Johnson's veto. The Act prohibited the President from removing presidential appointees which had obtained their offices with the Senate's advise and consent--without Senate approval. The purpose of the Act was to protect Secretary of War Edwin M. Stanton who was quarelling with Johnson. Disregarding the Act, Johnson fird Santon and replaced him with Civil War hero General Ulysses S. Grant. Grant subsequently relenquished the post to Stanton. Even so, the Republicans in Congress now had an issue they believed they could use to remove Johnson. The House approved articles of impeachemet. The President survived the impeachment trial by only one voye (1837). By this time, however, the Republicans began to look at the upcoming 1868 elkections.

Amending the Constitution

The central step taken during Reconstruction was the passage of the 13-15th amendments which abolished slavery and guaranted the civil rights, including the right to vote, of the freed slaves and guaranteed the equal protection of the law. (The Emancipation proclamation was an exective order and open to legal chgalenge.)
13th Amendment (1865): The 13th Amendment was set in motion by President Lincoln in order to make emancipation "court proof". He was concerned with considerabke reason that the Taney Court would look favorably on legal challenges to the Emancipation Proclamation by the form,er slave owners. Lincoln sheapared it through Comgress and state legislatures had begun to ratify it at the time of his assasination. It is one of the shortest and most terse of the amendments. It read," Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Congress shall have power to enforce this article by appropriate legislation." Several hundred thousand men died to get those few words added to the Constitution. It went into effect during the first months of Reconstruction (December 1865).
14th Amendment (1868): Lincoln's Emancipation Proclamation effectively ended slavery in the United States, but it was an emergency war measure. Lincoln fully realized, however, that it was vulnerable to legal challenge after the War. The Taney Court had ruled in the Dread Scoot case (1857) that slaves even if freed could not claim civil citzenship and civil rights. Thus it was likely that the Taney court would over rule the Emancipation Proclamation if as was inevitab;le that former slave masters would demand thir property back after the War. The 13th Amendment made that impossible. But the Republicans went further than this. The 14th Amendment guaranteed their civil rights and ability of the freed slaves to obtain equitable treatment in the courts. The 14th Amendment read in part, "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." The key phrase was "equal protection of the laws". The Amendment was proposed in 1866 and ratified in 1868. The Southern states were required to ratify the 13th, 14th, and 15th Amendments to gain reamitance to the Union. This put emancipation and black citizenship beyond the reach of even the Taney court. The 14th Amendments was undermined by the prevalent racism of the day and eventually by Plessy vs. Fergusson (1896). Racists could not do away with the 14th Amendment or the 15th Amendment guaranteeing the right to vote. With Franklin Roosevelt's New Deal, appointments were made to the Federal judiciary installed jurist that were willing to use these amendments to secure black civil rights.
15th Amendment (1870): Congress dominated by Radical Republicans refused to recognize the Southern regimes organized under President Johnson's Reconstruction policies. Congress insisted the seceeding states to adopt new state constitutions permitting black suffrage. This put America in the seemingly ironic condition that the ex-Confederate states now granted black sufferage , but 16 of the Union states did not permit black suffrage. Radical Reublicans thus proposed a Constitutional amendment to guarantee black sufferage (February 1869). Here there were two motivations. There was on the part of many Republicans to guarantee this central civil right to all black citizens. There was also the political advantage that virtually all the newly enfranchised blacks would vote Republicam. The Amendment read, "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude." It was ratified February 3, 1870.

President Grant (1869-77)

President Grant was more supportive. Grant of course as Union commander was the primary beneficiary of the black troops mutered after the Emamcipation Proclamation.

The Freedman's Bureau

Reconstruction State Governments

Republicans in the South on the basis of black sufferage were able to gain control of state governments in the South. The Freedmen's Bureau and the Union League Clubs helped to get out the black boat. White southerners complasined bitterly of Carpetbaggers and Scalwags. Gradually whites regained control of state government. Here the KKK and white terrorism was a major factor. Only three states (Florida, Louisana, and South Carolina) remained under Reconstrucyion rule by 1876.

Reversal of Heros and Villans

A strange process occurred after the Civil War during Reconstruction which is difficult to fully understand. There was a rapid reversal of the heros and villans. I know of no comparable reversal in American history. Before the War the heros were the abused slaves (but not freed blacks) and the villans were the slave masters and overseers. The classic expression of this was of course Hariet Beecher Stowe's Uncle Tom's Cabin (1852). After the War, the freed slaves somehow gradually became the villans. The Confederacy may have lost the War, but the Lost Cause proponents won the ildeolgical debate. [Lemann] A milstone event was held on the Gettysburg battlefield--the 50th anniversary of the monentous battle (1913). Both the GAR and UCV veterans participated. Newspapers pictured them shaking hands and exchanging stories. I'm not sure about the experience of black veterans. They were all hailed as heros. Left out of the event was any real consideration of slavery and emancipation. Newly elected President Woodrow Wilson spoke at the event without mentioning emamcipation. A popular expression of the Lost Cause was D.W. Griffith's classis film "Birth of a Nation" which President Wilson commented was "terribly true". The heros in American popular thinking became the KKK and similar groups which rode to protect emperiled white women from licentious, criminally inclined blacks. [Foner] It is not altogether clear how just a total reversal could have so rapidly occurred. Certainly the Lost Cause historians played a major role, but they could not been as effective if there were not underlying reasons. Lincoln had suceeded in turning the Civil War into a moral crusade against slavery. The Northern population accepted this, but emancipation did not automatically include granting the feeed blacks full civil rights. This had not yet been done in many northern states. America both North nd South was still a very racist society. Even many abolitionists did not believe that blacks were capable of exercising full civil rights. In addition, the New York Draft Riots (1863) had shown the depth of Northern racism, especially among emigrant groups like the Irish competing for jobs with freed blacks.

Black-White Relations

There began in the South during Reconstruction a process of separation between blacks and whites. Before the War, blacks and whites had been in close contact. The institution of slavery demanded close contact. There were also extensive contascts between freed blacks and whites in the ante-bellum South. Freed blcks attended the sane churches as whites. This changed after the war. Blacks began to attend separate churches. [Ely] One of the reasoin for thie separation was black enpowerment. Whites felt threatened by blacks to an extent they had not felt when blacks were ciontrolled by slavery.

Sharecropping

Sharecropping is an agricultural system which developed in the Southern states during the Civil War. It was a farm tenancy system in which families worked a farm or section of land in return for a share of the crop rather than wages. Sharecropping replaced the plantation system destroyed by the Civil War. The victorious Federal authorities which occupied the South did not seize plantations, but empancipation meant that the owners no longer had a captive laor force. The former planters, even those activly engged in rebellion, for the most part still had their land, but no slaves or money to pay wages. The former slaves on the other hand did not have jobs or land and because they had been denied education, had few options. Sharecropping developed because the former slaves and planters needed each other. The principal crop continued to be cotton. And the planters under the sharecropping system contnued to a large degree to control the lives of the blacks working their land. While the system at first developed to obtain black labor, eventually poor whites also entered the sharecropping system. The system varied, but in many cases all the cropper brouht to the arrangement was his labor. The planter provided the land, but also commonly animals, equipment, seeds and other items. The land owners also commonly advanced credits for the family's living expences until the crop was harvested. The system was open to considerable abuse because the cropers were uneducated, commonly iliterate. Akmost all slaves in the Deep South following the Civil War would have been illiterate. It was illegal to teach slaves to read. The system continued into the Depression of the 1930s. After World War II, migrtion to the North, farm mechinization, education, other employment options, and the Civil Rights movement brught the system to an end.

Lost Cause Critics

The Lost Cause historians who for many years dominated the histography of the Civil War painted a dark picture of Reconstruction. Their accounts were filled weith tales of Carpetbaggers and Schalwags. Black elected officials were depicted as ignorant and uncivilized. The Reconstruction state giovernmrnts were described as corrupt and persuing ruinous economic policies. Some even excused the terroirism and other acts of violence as necessary to opposed the policies of the Reconstuction governments.

Achievemnents

For years as a result of the work of Lost Cause historians, Reconstruction has been seen as not only a failed effort, but a dark page of American history. Modern historians now draw a more nuanced view of Reconstruction. There were in fact real achievements. The slaves were freed, Reconstruction brought great hope for change in the South. There were some considerable gains made. Schools were established and Blacks elected to public office. The Freedman's Bureau was established. Public schools systems were founded in southern states. The real failure was the inability to guarantee civil rights for the freed slaves. Yet the 14th and 15th Amendment were approved. Racist southerners could seize control of state governments and largely disenfranchise the freed slaves, bit to accomplish this they had to use extra-lehal violence. The new state governments imposed Jim Crow--a system of racial segregation which for decades would limit the aspirations of black Americans. Yet the 14th and 15th Amendments were inshirined in the Constitution. And it would be these two key stones of Reconstruction that the Civil Rights Movement would use to end the segrationist system.

Lost Cause Depiction

Lost Cause historians painted a dark picture of the Reconstruction era. Reconstruction was depicted as a time when Carpetbaggers and Scalliways exploited the prostrate South. Black controlled Southern legislatures susposedly enacted ruinous taxes and graft was rife. Roving black gangs susposedly robbed and raped. [Lemann] The historical record presents a far different story. Blacks never controlled southern legislatures, although they had cinsiderable influence. Takes were raised, but the higher taxes were primarily to create public school systems. Rioutos gangs of blacks did not teroize the South and few women were actually raped. Lynchings began to occur, but accusations of rape often were made after the lyncjings. [Foner] The acceptance of these images can be seen in popular movels like Gone with the Wind. Thdy were also prevalent in high school text books well into the 1970s.

Election (1876)

The presidential election of 1876 was strongly disputed, primarily because of southern election results--the states still under Reconstruction governments.

President Hayes (1877-81)

Withdrawl of Federal Troops

After President Hayes (1877-81) withdrew Federal troops from the South, the white majority began to take away the civil rights that the freed slaves had briefly experienced.

White Supremecy

The process of restablishing white supremecy began well before Federal Troops were withdrawn from the South. Both legal and extra-legal methods were used to restablish white supremecy. It is a sad chapter in American history and until recently not accurately told. Poorly prepared freed slaves sought to establish themselves. All to often they were cheated out of their wages. Those that dared to object were attacked by Klan terroists who beat them and all to frequently lynched blacks who were too successful or vocal. Gradually the Klan violince was institutionalized by Jim Crow and seggregation laws to formally instal white supremecy. [Foner] Essentially what emerged in the South was an acceptabce of the 13 Amendment (abolishing slavery), but an evasion of the 14th and 15 th Amendments conferring civil rights and the vote on blacks. Blacks were able to develop a civil society in the South, but were unable gto achieve real citizenship. They weee subject to the control of whites. Many worked as sharecropers on the former plantations, a status little removed from serfdom. Blacks had no real access to the courts in any disputes with whites. Not only were there few if any legal options, but there was also extra legal actions against blacks. [Lemann] Both blacks and whites understood that if a white man killed a blackman there would be unlikely to be even a procecution, let alone a conviction. This did not change until even after the Civil Rights movement in the 1960s.

Individuals

We have archived portraits of some Afrro-American children taken durung the Reconstruction period. Unfortunately we often have no information about the children pictured. A good example is an unidentified Afro-American boy taken about 1870.

Sources

Ely, Melvin Patrick. Israel on the Appomattox.

Foner, Eric. Forever Free: The Story of Emancipation and Reconstruction (Knopf: 2006), 268p.

Lemann, Nicholas. Redemtion: The Last Battle of the Civil War, (2006).

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Created: August 26, 2002
Last updated: 11:30 PM 7/17/2007