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U.S. History

16.2 Congress and the Remaking of the South, 1865–1866

U.S. History16.2 Congress and the Remaking of the South, 1865–1866
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  1. Preface
  2. 1 The Americas, Europe, and Africa Before 1492
    1. Introduction
    2. 1.1 The Americas
    3. 1.2 Europe on the Brink of Change
    4. 1.3 West Africa and the Role of Slavery
    5. Key Terms
    6. Summary
    7. Review Questions
    8. Critical Thinking Questions
  3. 2 Early Globalization: The Atlantic World, 1492–1650
    1. Introduction
    2. 2.1 Portuguese Exploration and Spanish Conquest
    3. 2.2 Religious Upheavals in the Developing Atlantic World
    4. 2.3 Challenges to Spain’s Supremacy
    5. 2.4 New Worlds in the Americas: Labor, Commerce, and the Columbian Exchange
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  4. 3 Creating New Social Orders: Colonial Societies, 1500–1700
    1. Introduction
    2. 3.1 Spanish Exploration and Colonial Society
    3. 3.2 Colonial Rivalries: Dutch and French Colonial Ambitions
    4. 3.3 English Settlements in America
    5. 3.4 The Impact of Colonization
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  5. 4 Rule Britannia! The English Empire, 1660–1763
    1. Introduction
    2. 4.1 Charles II and the Restoration Colonies
    3. 4.2 The Glorious Revolution and the English Empire
    4. 4.3 An Empire of Slavery and the Consumer Revolution
    5. 4.4 Great Awakening and Enlightenment
    6. 4.5 Wars for Empire
    7. Key Terms
    8. Summary
    9. Review Questions
    10. Critical Thinking Questions
  6. 5 Imperial Reforms and Colonial Protests, 1763-1774
    1. Introduction
    2. 5.1 Confronting the National Debt: The Aftermath of the French and Indian War
    3. 5.2 The Stamp Act and the Sons and Daughters of Liberty
    4. 5.3 The Townshend Acts and Colonial Protest
    5. 5.4 The Destruction of the Tea and the Coercive Acts
    6. 5.5 Disaffection: The First Continental Congress and American Identity
    7. Key Terms
    8. Summary
    9. Review Questions
    10. Critical Thinking Questions
  7. 6 America's War for Independence, 1775-1783
    1. Introduction
    2. 6.1 Britain’s Law-and-Order Strategy and Its Consequences
    3. 6.2 The Early Years of the Revolution
    4. 6.3 War in the South
    5. 6.4 Identity during the American Revolution
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  8. 7 Creating Republican Governments, 1776–1790
    1. Introduction
    2. 7.1 Common Sense: From Monarchy to an American Republic
    3. 7.2 How Much Revolutionary Change?
    4. 7.3 Debating Democracy
    5. 7.4 The Constitutional Convention and Federal Constitution
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  9. 8 Growing Pains: The New Republic, 1790–1820
    1. Introduction
    2. 8.1 Competing Visions: Federalists and Democratic-Republicans
    3. 8.2 The New American Republic
    4. 8.3 Partisan Politics
    5. 8.4 The United States Goes Back to War
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  10. 9 Industrial Transformation in the North, 1800–1850
    1. Introduction
    2. 9.1 Early Industrialization in the Northeast
    3. 9.2 A Vibrant Capitalist Republic
    4. 9.3 On the Move: The Transportation Revolution
    5. 9.4 A New Social Order: Class Divisions
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  11. 10 Jacksonian Democracy, 1820–1840
    1. Introduction
    2. 10.1 A New Political Style: From John Quincy Adams to Andrew Jackson
    3. 10.2 The Rise of American Democracy
    4. 10.3 The Nullification Crisis and the Bank War
    5. 10.4 Indian Removal
    6. 10.5 The Tyranny and Triumph of the Majority
    7. Key Terms
    8. Summary
    9. Review Questions
    10. Critical Thinking Questions
  12. 11 A Nation on the Move: Westward Expansion, 1800–1860
    1. Introduction
    2. 11.1 Lewis and Clark
    3. 11.2 The Missouri Crisis
    4. 11.3 Independence for Texas
    5. 11.4 The Mexican-American War, 1846–1848
    6. 11.5 Free Soil or Slave? The Dilemma of the West
    7. Key Terms
    8. Summary
    9. Review Questions
    10. Critical Thinking Questions
  13. 12 Cotton is King: The Antebellum South, 1800–1860
    1. Introduction
    2. 12.1 The Economics of Cotton
    3. 12.2 African Americans in the Antebellum United States
    4. 12.3 Wealth and Culture in the South
    5. 12.4 The Filibuster and the Quest for New Slave States
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  14. 13 Antebellum Idealism and Reform Impulses, 1820–1860
    1. Introduction
    2. 13.1 An Awakening of Religion and Individualism
    3. 13.2 Antebellum Communal Experiments
    4. 13.3 Reforms to Human Health
    5. 13.4 Addressing Slavery
    6. 13.5 Women’s Rights
    7. Key Terms
    8. Summary
    9. Review Questions
    10. Critical Thinking Questions
  15. 14 Troubled Times: the Tumultuous 1850s
    1. Introduction
    2. 14.1 The Compromise of 1850
    3. 14.2 The Kansas-Nebraska Act and the Republican Party
    4. 14.3 The Dred Scott Decision and Sectional Strife
    5. 14.4 John Brown and the Election of 1860
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  16. 15 The Civil War, 1860–1865
    1. Introduction
    2. 15.1 The Origins and Outbreak of the Civil War
    3. 15.2 Early Mobilization and War
    4. 15.3 1863: The Changing Nature of the War
    5. 15.4 The Union Triumphant
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  17. 16 The Era of Reconstruction, 1865–1877
    1. Introduction
    2. 16.1 Restoring the Union
    3. 16.2 Congress and the Remaking of the South, 1865–1866
    4. 16.3 Radical Reconstruction, 1867–1872
    5. 16.4 The Collapse of Reconstruction
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  18. 17 Go West Young Man! Westward Expansion, 1840-1900
    1. Introduction
    2. 17.1 The Westward Spirit
    3. 17.2 Homesteading: Dreams and Realities
    4. 17.3 Making a Living in Gold and Cattle
    5. 17.4 The Loss of American Indian Life and Culture
    6. 17.5 The Impact of Expansion on Chinese Immigrants and Hispanic Citizens
    7. Key Terms
    8. Summary
    9. Review Questions
    10. Critical Thinking Questions
  19. 18 Industrialization and the Rise of Big Business, 1870-1900
    1. Introduction
    2. 18.1 Inventors of the Age
    3. 18.2 From Invention to Industrial Growth
    4. 18.3 Building Industrial America on the Backs of Labor
    5. 18.4 A New American Consumer Culture
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  20. 19 The Growing Pains of Urbanization, 1870-1900
    1. Introduction
    2. 19.1 Urbanization and Its Challenges
    3. 19.2 The African American “Great Migration” and New European Immigration
    4. 19.3 Relief from the Chaos of Urban Life
    5. 19.4 Change Reflected in Thought and Writing
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  21. 20 Politics in the Gilded Age, 1870-1900
    1. Introduction
    2. 20.1 Political Corruption in Postbellum America
    3. 20.2 The Key Political Issues: Patronage, Tariffs, and Gold
    4. 20.3 Farmers Revolt in the Populist Era
    5. 20.4 Social and Labor Unrest in the 1890s
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  22. 21 Leading the Way: The Progressive Movement, 1890-1920
    1. Introduction
    2. 21.1 The Origins of the Progressive Spirit in America
    3. 21.2 Progressivism at the Grassroots Level
    4. 21.3 New Voices for Women and African Americans
    5. 21.4 Progressivism in the White House
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  23. 22 Age of Empire: American Foreign Policy, 1890-1914
    1. Introduction
    2. 22.1 Turner, Mahan, and the Roots of Empire
    3. 22.2 The Spanish-American War and Overseas Empire
    4. 22.3 Economic Imperialism in East Asia
    5. 22.4 Roosevelt’s “Big Stick” Foreign Policy
    6. 22.5 Taft’s “Dollar Diplomacy”
    7. Key Terms
    8. Summary
    9. Review Questions
    10. Critical Thinking Questions
  24. 23 Americans and the Great War, 1914-1919
    1. Introduction
    2. 23.1 American Isolationism and the European Origins of War
    3. 23.2 The United States Prepares for War
    4. 23.3 A New Home Front
    5. 23.4 From War to Peace
    6. 23.5 Demobilization and Its Difficult Aftermath
    7. Key Terms
    8. Summary
    9. Review Questions
    10. Critical Thinking Questions
  25. 24 The Jazz Age: Redefining the Nation, 1919-1929
    1. Introduction
    2. 24.1 Prosperity and the Production of Popular Entertainment
    3. 24.2 Transformation and Backlash
    4. 24.3 A New Generation
    5. 24.4 Republican Ascendancy: Politics in the 1920s
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  26. 25 Brother, Can You Spare a Dime? The Great Depression, 1929-1932
    1. Introduction
    2. 25.1 The Stock Market Crash of 1929
    3. 25.2 President Hoover’s Response
    4. 25.3 The Depths of the Great Depression
    5. 25.4 Assessing the Hoover Years on the Eve of the New Deal
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  27. 26 Franklin Roosevelt and the New Deal, 1932-1941
    1. Introduction
    2. 26.1 The Rise of Franklin Roosevelt
    3. 26.2 The First New Deal
    4. 26.3 The Second New Deal
    5. Key Terms
    6. Summary
    7. Review Questions
    8. Critical Thinking Questions
  28. 27 Fighting the Good Fight in World War II, 1941-1945
    1. Introduction
    2. 27.1 The Origins of War: Europe, Asia, and the United States
    3. 27.2 The Home Front
    4. 27.3 Victory in the European Theater
    5. 27.4 The Pacific Theater and the Atomic Bomb
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  29. 28 Post-War Prosperity and Cold War Fears, 1945-1960
    1. Introduction
    2. 28.1 The Challenges of Peacetime
    3. 28.2 The Cold War
    4. 28.3 The American Dream
    5. 28.4 Popular Culture and Mass Media
    6. 28.5 The African American Struggle for Civil Rights
    7. Key Terms
    8. Summary
    9. Review Questions
    10. Critical Thinking Questions
  30. 29 Contesting Futures: America in the 1960s
    1. Introduction
    2. 29.1 The Kennedy Promise
    3. 29.2 Lyndon Johnson and the Great Society
    4. 29.3 The Civil Rights Movement Marches On
    5. 29.4 Challenging the Status Quo
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  31. 30 Political Storms at Home and Abroad, 1968-1980
    1. Introduction
    2. 30.1 Identity Politics in a Fractured Society
    3. 30.2 Coming Apart, Coming Together
    4. 30.3 Vietnam: The Downward Spiral
    5. 30.4 Watergate: Nixon’s Domestic Nightmare
    6. 30.5 Jimmy Carter in the Aftermath of the Storm
    7. Key Terms
    8. Summary
    9. Review Questions
    10. Critical Thinking Questions
  32. 31 From Cold War to Culture Wars, 1980-2000
    1. Introduction
    2. 31.1 The Reagan Revolution
    3. 31.2 Political and Cultural Fusions
    4. 31.3 A New World Order
    5. 31.4 Bill Clinton and the New Economy
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  33. 32 The Challenges of the Twenty-First Century
    1. Introduction
    2. 32.1 The War on Terror
    3. 32.2 The Domestic Mission
    4. 32.3 New Century, Old Disputes
    5. 32.4 Hope and Change
    6. Key Terms
    7. Summary
    8. Review Questions
    9. Critical Thinking Questions
  34. A | The Declaration of Independence
  35. B | The Constitution of the United States
  36. C | Presidents of the United States of America
  37. D | U.S. Political Map
  38. E | U.S. Topographical Map
  39. F | United States Population Chart
  40. G | Further Reading
  41. Answer Key
    1. Chapter 1
    2. Chapter 2
    3. Chapter 3
    4. Chapter 4
    5. Chapter 5
    6. Chapter 6
    7. Chapter 7
    8. Chapter 8
    9. Chapter 9
    10. Chapter 10
    11. Chapter 11
    12. Chapter 12
    13. Chapter 13
    14. Chapter 14
    15. Chapter 15
    16. Chapter 16
    17. Chapter 17
    18. Chapter 18
    19. Chapter 19
    20. Chapter 20
    21. Chapter 21
    22. Chapter 22
    23. Chapter 23
    24. Chapter 24
    25. Chapter 25
    26. Chapter 26
    27. Chapter 27
    28. Chapter 28
    29. Chapter 29
    30. Chapter 30
    31. Chapter 31
    32. Chapter 32
  42. Index

Learning Objectives

By the end of this section, you will be able to:
  • Describe the efforts made by Congress in 1865 and 1866 to bring to life its vision of Reconstruction
  • Explain how the Fourteenth Amendment transformed the Constitution

President Johnson and Congress’s views on Reconstruction grew even further apart as Johnson’s presidency progressed. Congress repeatedly pushed for greater rights for freed people and a far more thorough reconstruction of the South, while Johnson pushed for leniency and a swifter reintegration. President Johnson lacked Lincoln’s political skills and instead exhibited a stubbornness and confrontational approach that aggravated an already difficult situation.

THE FREEDMEN’S BUREAU

Freed people everywhere celebrated the end of slavery and immediately began to take steps to improve their own condition by seeking what had long been denied to them: land, financial security, education, and the ability to participate in the political process. They wanted to be reunited with family members, grasp the opportunity to make their own independent living, and exercise their right to have a say in their own government.

However, they faced the wrath of defeated but un-reconciled southerners who were determined to keep blacks an impoverished and despised underclass. Recognizing the widespread devastation in the South and the dire situation of freed people, Congress created the Bureau of Refugees, Freedmen, and Abandoned Lands in March 1865, popularly known as the Freedmen’s Bureau. Lincoln had approved of the bureau, giving it a charter for one year.

The Freedmen’s Bureau engaged in many initiatives to ease the transition from slavery to freedom. It delivered food to blacks and whites alike in the South. It helped freed people gain labor contracts, a significant step in the creation of wage labor in place of slavery. It helped reunite families of freedmen, and it also devoted much energy to education, establishing scores of public schools where freed people and poor whites could receive both elementary and higher education. Respected institutions such as Fisk University, Hampton University, and Dillard University are part of the legacy of the Freedmen’s Bureau.

In this endeavor, the Freedmen’s Bureau received support from Christian organizations that had long advocated for abolition, such as the American Missionary Association (AMA). The AMA used the knowledge and skill it had acquired while working in missions in Africa and with American Indian groups to establish and run schools for freed slaves in the postwar South. While men and women, white and black, taught in these schools, the opportunity was crucially important for participating women (Figure 16.5). At the time, many opportunities, including admission to most institutes of higher learning, remained closed to women. Participating in these schools afforded these women the opportunities they otherwise may have been denied. Additionally, the fact they often risked life and limb to work in these schools in the South demonstrated to the nation that women could play a vital role in American civic life.

An illustration shows several white women in a schoolroom, surrounded by young black pupils reading schoolbooks.
Figure 16.5 The Freedmen’s Bureau, as shown in this 1866 illustration from Frank Leslie’s Illustrated Newspaper, created many schools for black elementary school students. Many of the teachers who provided instruction in these southern schools, though by no means all, came from northern states.

The schools that the Freedmen’s Bureau and the AMA established inspired great dismay and resentment among the white populations in the South and were sometimes targets of violence. Indeed, the Freedmen’s Bureau’s programs and its very existence were sources of controversy. Racists and others who resisted this type of federal government activism denounced it as both a waste of federal money and a foolish effort that encouraged laziness among blacks. Congress renewed the bureau’s charter in 1866, but President Johnson, who steadfastly believed that the work of restoring the Union had been completed, vetoed the re-chartering. Radical Republicans continued to support the bureau, igniting a contest between Congress and the president that intensified during the next several years. Part of this dispute involved conflicting visions of the proper role of the federal government. Radical Republicans believed in the constructive power of the federal government to ensure a better day for freed people. Others, including Johnson, denied that the government had any such role to play.

Americana

The Freedmen’s Bureau

The image below (Figure 16.6) shows a campaign poster for Hiester Clymer, who ran for governor of Pennsylvania in 1866 on a platform of white supremacy.

An illustration shows a highly caricatured black man in tattered clothes reclining in the foreground as white men work his land, thinking, “Whar is de use for me to work as long as dey make dese appropriations.” Near the white men are the words “In the sweat of thy face shalt thou eat thy bread” and “The white man must work to keep his children and pay his taxes.” In the sky, an image of an elegant official building hovers, labeled “Freedman’s Bureau! Negro Estimate of Freedom!” The building is inscribed with the words “Freedom and No Work,” “Candy,” “Rum, Gin, Whiskey,” “Sugar Plums,” “Indolence,” “White Women,” “Apathy,” “White Sugar,” “Idleness,” “Fish Balls,” “Clams,” “Stews,” and “Pies.” On the right-hand side of the image, the artist provides figures for the funds appropriated by Congress for the Freedmen’s Bureau and the bounties of black and white Civil War veterans.
Figure 16.6 The caption of this image reads, “The Freedman’s Bureau! An agency to keep the Negro in idleness at the expense of the white man. Twice vetoed by the President, and made a law by Congress. Support Congress & you support the Negro. Sustain the President & you protect the white man.”

The image in the foreground shows an indolent black man wondering, “Whar is de use for me to work as long as dey make dese appropriations.” White men toil in the background, chopping wood and plowing a field. The text above them reads, “In the sweat of thy face shall thou eat bread. . . . The white man must work to keep his children and pay his taxes.” In the middle background, the Freedmen’s Bureau looks like the Capitol, and the pillars are inscribed with racist assumptions of things blacks value, like “rum,” “idleness,” and “white women.” On the right are estimates of the costs of the Freedmen’s Bureau and the bounties (fees for enlistment) given to both white and black Union soldiers.

What does this poster indicate about the political climate of the Reconstruction era? How might different people have received this image?

BLACK CODES

In 1865 and 1866, as Johnson announced the end of Reconstruction, southern states began to pass a series of discriminatory state laws collectively known as black codes. While the laws varied in both content and severity from state to state, the goal of the laws remained largely consistent. In effect, these codes were designed to maintain the social and economic structure of racial slavery in the absence of slavery itself. The laws codified white supremacy by restricting the civic participation of freed slaves—depriving them of the right to vote, the right to serve on juries, the right to own or carry weapons, and, in some cases, even the right to rent or lease land.

A chief component of the black codes was designed to fulfill an important economic need in the postwar South. Slavery had been a pillar of economic stability in the region before the war. To maintain agricultural production, the South had relied on slaves to work the land. Now the region was faced with the daunting prospect of making the transition from a slave economy to one where labor was purchased on the open market. Not surprisingly, planters in the southern states were reluctant to make such a transition. Instead, they drafted black laws that would re-create the antebellum economic structure with the façade of a free-labor system.

Black codes used a variety of tactics to tie freed slaves to the land. To work, the freed slaves were forced to sign contracts with their employer. These contracts prevented blacks from working for more than one employer. This meant that, unlike in a free labor market, blacks could not positively influence wages and conditions by choosing to work for the employer who gave them the best terms. The predictable outcome was that freed slaves were forced to work for very low wages. With such low wages, and no ability to supplement income with additional work, workers were reduced to relying on loans from their employers. The debt that these workers incurred ensured that they could never escape from their condition. Those former slaves who attempt to violate these contracts could be fined or beaten. Those who refused to sign contracts at all could be arrested for vagrancy and then made to work for no wages, essentially being reduced to the very definition of a slave.

The black codes left no doubt that the former breakaway Confederate states intended to maintain white supremacy at all costs. These draconian state laws helped spur the congressional Joint Committee on Reconstruction into action. Its members felt that ending slavery with the Thirteenth Amendment did not go far enough. Congress extended the life of the Freedmen’s Bureau to combat the black codes and in April 1866 passed the first Civil Rights Act, which established the citizenship of African Americans. This was a significant step that contradicted the Supreme Court’s 1857 Dred Scott decision, which declared that blacks could never be citizens. The law also gave the federal government the right to intervene in state affairs to protect the rights of citizens, and thus, of African Americans. President Johnson, who continued to insist that restoration of the United States had already been accomplished, vetoed the 1866 Civil Rights Act. However, Congress mustered the necessary votes to override his veto. Despite the Civil Rights Act, the black codes endured, forming the foundation of the racially discriminatory Jim Crow segregation policies that impoverished generations of African Americans.

THE FOURTEENTH AMENDMENT

Questions swirled about the constitutionality of the Civil Rights Act of 1866. The Supreme Court, in its 1857 decision forbidding black citizenship, had interpreted the Constitution in a certain way; many argued that the 1866 statute, alone, could not alter that interpretation. Seeking to overcome all legal questions, Radical Republicans drafted another constitutional amendment with provisions that followed those of the 1866 Civil Rights Act. In July 1866, the Fourteenth Amendment went to state legislatures for ratification.

The Fourteenth Amendment stated, “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.” It gave citizens equal protection under both the state and federal law, overturning the Dred Scott decision. It eliminated the three-fifths compromise of the 1787 Constitution, whereby slaves had been counted as three-fifths of a free white person, and it reduced the number of House representatives and Electoral College electors for any state that denied suffrage to any adult male inhabitant, black or white. As Radical Republicans had proposed in the Wade-Davis bill, individuals who had “engaged in insurrection or rebellion [against] . . . or given aid or comfort to the enemies [of]” the United States were barred from holding political (state or federal) or military office unless pardoned by two-thirds of Congress.

The amendment also answered the question of debts arising from the Civil War by specifying that all debts incurred by fighting to defeat the Confederacy would be honored. Confederate debts, however, would not: “[N]either the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.” Thus, claims by former slaveholders requesting compensation for slave property had no standing. Any state that ratified the Fourteenth Amendment would automatically be readmitted. Most former Confederate states, except for Tennessee, refused to ratify the amendment in 1866.

President Johnson called openly for the rejection of the Fourteenth Amendment, a move that drove a further wedge between him and congressional Republicans. In late summer of 1866, he gave a series of speeches, known as the “swing around the circle,” designed to gather support for his mild version of Reconstruction. Johnson felt that ending slavery went far enough; extending the rights and protections of citizenship to freed people, he believed, went much too far. He continued to believe that blacks were inferior to whites. The president’s “swing around the circle” speeches to gain support for his program and derail the Radical Republicans proved to be a disaster, as hecklers provoked Johnson to make damaging statements. Radical Republicans charged that Johnson had been drunk when he made his speeches. As a result, Johnson’s reputation plummeted.

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