Introduction

As the Civil War progressed and Union forces gained control of territory in states that had seceded, the question arose as to how that territory and its people – slave and free – should be dealt with. This issue became more pressing as the war ended. President Lincoln encouraged reconciliation, and a respect for the constitutional limits of the authority of the President, the Congress and the states. Other Republicans believed that the South had to be reconstructed in a fundamental way. They, too, considered constitutional limits (especially Thaddeus Stevens), and concluded that, for the ultimate good of the Union and all its people, the seceding states had to be treated as conquered territories. Meanwhile, the freed men and women sought to construct new lives in extraordinarily difficult circumstances (see “Many Thousand Gone“). The long-term effects of Reconstruction – or its failure – are evident in Senator Tillman’s speech from 1900. He defended the system of segregation developed in the South after Reconstruction (including lynching); segregation was not challenged until the 1950s and 1960s.


Atlantic Monthly 18 (1866): 761-765. Douglass (1818–1895) was a former slave who became a leading abolitionist.


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 . . . [and a futile] 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,1 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, in 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 cross-road. 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. . . .  can we avoid this hanging line?

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,2 root and branch, leaf and fiber, 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 President3 stood in the way; . . . Congress knows now that it must go on without his aid, and even against his machinations.4 . . . The members go to Washington fresh from the inspiring presence of the people. . . . Radicalism, so far from being odious, is now 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. . . .

Without attempting to settle here the metaphysical and somewhat theological question (about which so much has already been said and written), whether once in the Union means always in the Union, – agreeably to the formula, once in grace always in grace, – it is obvious to common sense that the rebellious States stand today, in point of law, precisely where they stood when, exhausted, beaten, conquered, they fell powerless at the feet of Federal authority. Their State governments were overthrown, and the lives and property of the leaders of the Rebellion were forfeited. In reconstructing the institutions of these shattered and overthrown States, Congress should begin with a clean slate, and make clean work of it. Let there be no hesitation. It would be a cowardly deference to a defeated and treacherous President, if any account were made of the illegitimate, one-sided, sham governments hurried into existence for a malign purpose in the absence of Congress.5 These pretended governments, which were never submitted to the people, and from participation in which four millions of the loyal people were excluded by Presidential order, should now be treated according to their true character, as shams and impositions, and supplanted by true and legitimate governments, in the formation of which loyal men, black and white, shall participate.

It is not, however, within the scope of this paper to point out the precise steps to be taken, and the means to be employed. The people are less concerned about these than the grand end to be attained. They demand such a reconstruction as shall put an end to the present anarchical state of things in the late rebellious States, – where frightful murders and wholesale massacres are perpetrated in the very presence of Federal soldiers. This horrible business they require shall cease. They want a reconstruction such as will protect loyal men, black and white, in their persons and property; such a one as will cause Northern industry, Northern capital, and Northern civilization to flow into the South, and make a man from New England as much at home in Carolina as elsewhere in the Republic. No Chinese wall6LC-DIG-pga-01366 can now be tolerated. The South must be opened to the light of law and liberty, and this session of Congress is relied upon to accomplish this important work. . .

Men denounce the negro for his prominence in this discussion; but it is no fault of his that in peace as in war, that in conquering Rebel armies as in reconstructing the rebellious States, the right of the negro is the true solution of our national troubles. The stern logic of events, which goes directly to the point, disdaining all concern for the color or features of men, has determined the interests of the country as identical with and inseparable from those of the negro.

The policy that emancipated and armed the negro – now seen to have been wise and proper by the dullest – was not certainly more sternly demanded than is now the policy of enfranchisement. If with the negro was success in war, and without him failure, so in peace it will be found that the nation must fall or flourish with the negro.

Fortunately, the Constitution of the United States knows no distinction between citizens on account of color. Neither does it know any difference between a citizen of a State and a citizen of the United States. Citizenship evidently includes all the rights of citizens, whether State or national. If the Constitution knows none, it is clearly no part of the duty of a Republican Congress now to institute one. The mistake of the last session was the attempt to do this very thing, by a renunciation of its power to secure political rights to any class of citizens, with the obvious purpose to allow the rebellious States to disfranchise, if they should see fit, their colored citizens. This unfortunate blunder must now be retrieved, and the emasculated citizenship given to the negro supplanted by that contemplated in the Constitution of the United States, which declares that the citizens of each State shall enjoy all the rights and immunities of citizens of the several States, – so that a legal voter in any State shall be a legal voter in all the States.

Study Questions

A. What explains President Lincoln’s attitude toward Louisiana in his letter to General Banks? Does his Second Inaugural Address explain his attitude? How do Lincoln, Douglass, and Stevens’ attitudes toward the South differ? Is Stevens’ constitutional argument about the basis of Reconstruction sound? If so, was that sufficient to make his approach to the seceded states sound? Do Stevens’ remarks about Jews, the Irish and others undermine his claim to be a champion of the principles of the Declaration of Independence? Was the response of Southerners as described and defended by Tillman inevitable, or could some version of restoration or reconstruction have prevented it?

B. Do the views expressed in the twentieth century differ from those expressed in the documents below? For example, compare the views of Senators Tillman and Thurmond, both Democrats from South Carolina. Did the constitutional arguments change between the 1860s and the 1960s?

C. How true does President Abraham Lincoln’s remark in his Second Inaugural Address that both Northerners and Southerners prayed to the same God and read the same Bible appear in light of the very different interpretations of said Bible on the question of slavery, as evidenced in the antebellum period?

Footnotes

  1. Douglass refers to federal legislation and constitutional amendments passed in an effort to end slavery and deal with its aftermath: the Civil Rights Act of 1866; the Freemen’s Bureau Bills of 1865 and 1866; the Thirteenth Amendment, which abolished slavery, ratified in 1865; the Fourteenth Amendment, which defined citizenship, proposed in 1866, ratified in 1868; and the Fifteenth Amendment, proposed in 1869, ratified in 1870, which established that voting rights could not be denied “on account of race, color, or previous condition of servitude.”
  2. a poisonous Asian tree
  3. Andrew Johnson, from Tennessee, was the only sitting Senator from a seceding state to remain loyal to the Union. A Southern Democrat who supported the Union War effort, he became Vice-President in 1864 as a symbol of national unity. He became President upon Lincoln’s assassination, April 14, 1865. Those who thought that radical reconstruction was necessary viewed Johnson as too conciliatory to the South. Johnson vetoed reconstruction measures passed by Congress, and was eventually impeached, but by one vote acquitted by the Senate in 1868.
  4. Republicans increased their majorities in both the House and the Senate in the elections of 1866.
  5. Douglass refers here to governments created in the South on the basis of Johnson’s proclamations that left authority in the hands of those who had led secession, sent such men to Congress, and passed so-called “Black Codes” that restricted the activities of the former slaves.
  6. like the Great Wall of China, something to block the movement of people or information