Читать книгу The Struggle between President Johnson and Congress over Reconstruction - Charles E. Chadsey - Страница 6

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1. We have briefly reviewed the theories that obtained greater or less consideration during the progress of the war, and have seen that plan had been agreed upon by which the Southern States might resume their normal relations with the rest of the Union. Two or three States had, it is true, been nominally reconstructed under the provisions of the proclamation of December 8, 1863, but their good faith was strongly suspected, and their representatives were not able to secure recognition in Congress. The high personal esteem in which President Lincoln was held had prevented general demonstrations against his policy, but there was a wide-spread suspicion that he was inclined to deal too leniently with a people who had brought so much expense and misery upon the nation. The indignation of the North had increased with the progress of the war, and the belief that the South could be held in check only by the most stringent regulations and requirements was held by many.

2. So long as armed rebellion existed the question of reconstruction was a minor one, the attention of all being chiefly directed to the problem: “How can this rebellion be crushed out, and the South made thoroughly to realize that resistance is useless?” But when Andrew Johnson took the oath of office the rebellion was virtually a thing of the past, and the giant problem for the nation to solve during his administration was: “How shall we treat these conquered States lying helpless, awaiting whatever fate may be allotted them?” No other issue of importance served to offset it. The whole nation was debating the question, and all were waiting to see in what way the Executive would grapple with it.[38]

3. Those who feared that Lincoln had lacked sufficient firmness and had been too tender hearted, believed that in Johnson the nation had as its Executive a man with correct convictions and a strength of character which ensured both the proper treatment of the South and the stability of the Union. Johnson had an excellent record as military governor of Tennessee, where his fearlessness and vigorous administration had given him a reputation which brought to him the nomination of vice-president. From his severity to the rebels while governor of Tennessee it was reasoned that he would still remain severe and unyielding in his treatment of them as President of the United States. He himself was always fond of alluding to his past record as indicating his future course. Thus, only six days after he took the oath of office, he said while addressing a delegation of citizens of Indiana:[39] “In reference to what my administration will be, while I occupy my present position, I must refer you to the past. You may look back to it as evidence of what my course will be; * * * mine has been but one straightforward and unswerving course, and I see no reason now why I should depart from it. * * * My past is a better foreshadowing of my future course than any other statement on paper that might be made.” Moreover, an examination of the speeches made by him during the war shows the grounds on which the people were justified in expecting a severe policy. An extract from an address delivered in Nashville, June 9, 1864, shows his views at that time as to who should carry on the work of reconstruction.[40] “In calling a convention to restore the State, who shall restore and re-establish it? Shall the man who gave his influence and his means to destroy the government * * * participate in the great work of reorganization? * * * Traitors should take a back seat in the work of restoration. If there be but five thousand men in Tennessee loyal to the Constitution, loyal to freedom, loyal to justice, these true and faithful men should control the work of reorganization and reformation absolutely.” Later on in the same speech he said, referring to the traitor “born and reared among us:” “My judgment is that he should be subjected to a severe ordeal before he is restored to citizenship. A fellow who takes the oath merely to save his property, and denies the validity of the oath, is a perjured man, and not to be trusted.”

4. Emphatic statements such as these, often repeated, insisting that the government of the States must be carefully kept in the hands of those whose loyalty was above suspicion, and advocating severe ordeals for those considered traitors, warranted the people of the nation in their faith in his extreme devotion to a strong Union. Yet soon after his inauguration a change in his attitude could be noticed. In his numerous speeches and interviews he shifts his ground, very gradually at first, but soon meeting the issue squarely, pledging himself to a policy which he faithfully carried into execution, and which the candid student must recognize as being thoroughly believed in by the President. Clemency towards the masses, but severity towards the leaders of the rebellion, was his attitude in his speech of April 21, above alluded to. He expressed his views as follows:[41] “It is not promulgating anything I have not heretofore said, to say that traitors must be made odious, that treason must be made odious, that traitors must be punished and impoverished. They must not only be punished, but their social power must be destroyed. If not, they will still maintain an ascendency, and may again become numerous and powerful; for, in the words of a former senator of the United States, ‘when traitors become numerous enough, treason becomes respectable.’ And I say that, after making treason odious, every Union man and the Government should be remunerated out of the pockets of those who have inflicted this great suffering upon the country. But do not understand me as saying this in a spirit of anger, for, if I understand my own heart, the reverse is the case; and while I say that the penalties of the law, in a stern and inflexible manner, should be executed upon conscious, intelligent and influential traitors—the leaders, who have deceived thousands upon thousands of laboring men who have been drawn into this rebellion—and while I say, as to the leaders, punishment, I also say leniency, conciliation and amnesty to the thousands whom they have misled and deceived.”

As Johnson said, he promulgated nothing new in this statement of his beliefs regarding the treatment of the South, save possibly a more definite affirmation of clemency to the masses. In the Nashville speech of June 9, 1864, he had still more emphatically urged extreme measures towards the leaders.[42] “Treason must 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 day for protecting the lands and negroes of these authors of the rebellion is past.” Again on April 24, 1865, in an interview with a number of Virginia refugees, he reiterated the necessity of severity. In this case, perhaps owing to the nature of the interview, and the character of those to whom he was speaking, he makes no distinction between the leaders and their followers, his definition of treason apparently including all soldiers and their abettors. In it he says:[43] “It is time that our people were taught that treason is a crime, not a mere political difference, not a mere contest between two parties, in which one succeeded and the other simply failed. They must know it is treason; for if they had succeeded, the life of the nation would have been reft from it, the Union would have been destroyed. Surely the Constitution sufficiently defines treason. It consists in levying war against the United States, and in giving their enemies aid and comfort.”

The great liberality with which, beginning with the following month, the President used the pardoning power, and the extreme leniency with which all the leaders were treated, were in striking contrast with these sentiments. A situation was presented for Johnson to meet as President, which necessitated modifications of views held by him as governor. His attitude towards the leaders must be admitted to have undergone actual modification, notwithstanding his claim a few months later that he simply wished to make the leaders sue for pardon and realize the enormity of their offence.

5. The real secret of the apparently strange development of his policy, which we are about to trace out, lies in the fact that although at this time nominally a Republican, he was in reality a strict constructionist. He had always been a Democrat, and still held Democratic views. Only when secession began to be urged by the southern branch of the Democracy, did he break loose from his old ties. Accustomed to interpret the Constitution from a strict constructionist standpoint, accustomed to the belief that the power of the State was restricted only by the specific limitations of the Constitution, and that the federal government could exercise no power beyond that expressly granted it, he naturally treated the question of reconstruction from the same standpoint. The surprising thing in Johnson’s career is the fact that in spite of his strict construction views, he was strongly opposed to secession. He was therefore not strictly logical. The extreme strict constructionist claimed that the fact that the Constitution did not forbid a State from seceding, made secession constitutional. But Johnson’s love for the Union was too great to permit him to carry his strict construction views to such an extreme. On the contrary, the fact that the Constitution offered no way for a State to secede from the Union proved to him that secession was unconstitutional, and he looked upon that fact as one of the greatest safeguards for the protection of the Commonwealth.[44] To his mind it logically followed that because secession was unconstitutional, it was absolutely impossible for a State to secede, and therefore equally impossible for a State to commit treason. Individuals might commit treason and be punished therefor, but States never. However strongly at any time he may have urged the punishment of traitors, he never argued for or believed in the abrogation of any of the State’s privileges. His reputation for belief in severity was based entirely upon severity on individuals. “Make treason odious” was his favorite expression, but always used in a concrete sense.[45]

6. After his accession to the Presidency, the only modification of his policy was an increased clemency to the conquered rebel. This can be accounted for easily as the natural result of actual contact with the problem. Rhetorically to assert that all traitors must be punished is one thing—to apply the punishment is another. Then Johnson’s most able advisers approved his attitude and urged even greater moderation. Finally, his firm faith in the success of his provisional governments persuaded him to a still more liberal use of the pardoning power, while the growing opposition of Congress added the element of stubbornness to the complication. But, the true explanation of the change is to be found in his general constitutional views.

So early as April 21 he frankly states his position. In his speech on that day he says: “Provision” (in the Constitution) “is made for the admission of new States; no provision is made for the secession of old ones. * * * The Government is composed of parts, each essential to the whole, and the whole essential to each part.”[46] He emphatically urges that the Constitution provides a panacea for rebellion. “The United States (that is, the great integer) shall guarantee to each State (the integers composing the whole) in this Union a republican form of government. Yes, if rebellion has been rampant, and set aside the machinery of a State for a time, there stands the great law to remove the paralysis and revitalize it, and put it on its feet again.” He also harmonizes his strict construction views with the fact of emancipation. “A State may be in the Government with a peculiar institution, and by the operation of rebellion lose that feature; but it was a State when it went into rebellion, and when it comes out without the institution it is still a State.”

President Johnson did not allow many days to pass by after his installation, before he began to give practical evidence of his attitude towards the conquered South.[47] The first step which he made was an order, issued April 29, restoring partial commercial intercourse to that portion of the Confederate States lying east of the Mississippi river and within the lines of national military occupation. This removed at the outset one of the chief burdens that had resulted from the insurrection, and would he thought act powerfully in the restoration of peaceful pursuits in that section. The following August another proclamation removed all remaining restrictions on trade in those States, declaring that all necessity for restriction had ceased.[48]

On May 9, 1865, the order restoring the administration of the United States in the State of Virginia was issued.[49] It authorized the Secretary of the Treasury to nominate assessors of taxes, collectors of customs, and other officers of the Treasury Department, and further provided that in making appointments the preference should be given to “qualified loyal persons residing within the districts where their respective duties are to be performed. But if suitable persons shall not be found residents of the districts, then persons residing in other States or districts shall be appointed.” Post offices and post routes were to be established, and district judges empowered to hold courts, while “to carry into effect the guarantee of the Federal Constitution of a republican form of state government, * * * Francis H. Pierpiont, Governor of the State of Virginia, will be aided by the Federal Government,” in his administration of the state government, in whatever way might be necessary.

The Amnesty Proclamation was issued on May 29, and was in effect a renewal of the provisions of Lincoln’s proclamation of December 8, 1863, relating to amnesty; but it increased the number of classes excepted from the benefits of the proclamation, from seven to fourteen,[50] and provided that special application for pardon might be made by any of the excepted classes, to the President, who would exercise liberal clemency. Inasmuch as the excepted classes included all those whom less than three weeks previously he had been denouncing as traitors to be punished and impoverished, such great liberality, displayed in so short a time, was somewhat surprising.[51] The proclamation further empowered the Secretary of State to make all needful regulations for the administration and recording of the amnesty oath; and in accordance with this provision the Secretary of State ordered that the oath might be taken before any commissioned officer of the United States, or before any civil or military officer of a loyal State or Territory, who was legally qualified to administer oaths.