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Origins with Emancipation Made 13 th Amendment Inevitable Made 13 th Amendment Inevitable Opened debate on the status of the freedmen Opened debate on.

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Presentation on theme: "Origins with Emancipation Made 13 th Amendment Inevitable Made 13 th Amendment Inevitable Opened debate on the status of the freedmen Opened debate on."— Presentation transcript:

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2 Origins with Emancipation Made 13 th Amendment Inevitable Made 13 th Amendment Inevitable Opened debate on the status of the freedmen Opened debate on the status of the freedmen Opened debate on the Reconstructed South Opened debate on the Reconstructed South Who would rule? Who would rule? Who would vote? Who would vote? Who would decide? Who would decide?

3 Key Questions 1. What is the status of newly- emancipated black freedmen? 2. What is the status of the Confederate states? 3. What branch of government should control the process of Reconstruction?

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5 President Lincolns Plan 10% Plan * Proclamation of Amnesty and Reconstruction (December 8, 1863) * Replace majority rule with loyal rule in the South. * He didnt consult Congress regarding Reconstruction. * Pardon to all but the highest ranking military and civilian Confederate officers. * When 10% of the voting population in the 1860 election had taken an oath of loyalty and established a government, it would be recognized.

6 President Lincolns 10% Plan 1864 Lincoln Governments formed in LA, TN, ARK * loyal assemblies * They were weak and dependent on the Northern army for their survival.

7 Wade-Davis Bill (1864) Required 50% of the number of 1860 voters to take an iron clad oath of allegiance (swearing they had never voluntarily aided the rebellion ). Required a state constitutional convention before the election of state officials. Enacted specific safeguards of freedmens liberties. Senator Benjamin Wade (R-OH) Congressman Henry W. Davis (R-MD)

8 Wade-Davis Bill (1864) Iron-Clad Oath. State Suicide Theory [MA Senator Charles Sumner] Conquered Provinces Position [PA Congressman Thaddeus Stevens] President Lincoln Wade-Davis Bill Pocket Veto

9 Jeff Davis Under Arrest

10 13 th Amendment Ratified in December, 1865. Neither slavery nor involuntary servitude, except as 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.

11 Freedmens Bureau (1865) Bureau of Refugees, Freedmen, and Abandoned Lands. Many former northern abolitionists risked their lives to help southern freedmen. Called carpetbaggers by white southern Democrats.

12 Freedmens Bureau Seen Through Southern Eyes Plenty to eat and nothing to do.

13 Freedmens Bureau School

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15 President Andrew Johnson Jacksonian Democrat From Tennessee Anti-Aristocrat White Supremacist Agreed with Lincoln that states had never legally left the Union.

16 President Johnsons Plan (10%+) Offered amnesty upon simple oath to all except Confederate civil and military officers and those with property over $20,000 (they could apply directly to Johnson for a pardon) New constitutions must ratify 13 th amendment, repeal act of secession and repudiate state debts. Named provisional governors in Confederate states and called them to oversee elections for constitutional conventions. EFFECTS? 1. New state governments are created 2. States enact laws to restrict freedman and control their labor: The Black Codes 3. Four Confederate generals and seven colonels are elected to Congress AND Alexander Stephens!

17 Black Codes Purpose: * Establish as much control over labor supply as possible now that blacks were emancipated. * Restore pre-emancipation system of race relations, i.e. white supremacy.

18 Black Codes Required annual contracts for laborRequired annual contracts for labor –Payment at end of year –Illegal to jump contract –Made unemployment a crime: vagrancy laws Children could be apprenticedChildren could be apprenticed

19 Black Codes RegulatedRegulated conduct: –Committing –Committing riots, routs, affrays, trespassing, malicious mischief, cruel treatment of animals, seditious speeches, insulting gestures, language or acts, disturbance of the peace, exercising the function of a minister of the gospel without a license, or committing any other misdemeanor, the punishment of which is not specifically provided for by law.

20 The Mississippi Black Code Sec. 6....All contracts for labor made with freedmen, free negroes, and mulattoes for a longer period than one month shall be in writing, and in duplicate, attested and read to said freedman, free negro, or mulatto by a beat, city or county officer, or two disinterested white persons of the county in which the labor is to be performed, of which each party shall have one; and said contracts shall be taken and held as entire contracts, and if the laborer shall quit the service of the employer before the expiration of his term of service, without good cause, he shall forfeit his wages for that year up to the time of quitting.Sec. 6....All contracts for labor made with freedmen, free negroes, and mulattoes for a longer period than one month shall be in writing, and in duplicate, attested and read to said freedman, free negro, or mulatto by a beat, city or county officer, or two disinterested white persons of the county in which the labor is to be performed, of which each party shall have one; and said contracts shall be taken and held as entire contracts, and if the laborer shall quit the service of the employer before the expiration of his term of service, without good cause, he shall forfeit his wages for that year up to the time of quitting.

21 The Mississippi Black Code Sec. 7....Every civil officer shall, and every person may, arrest and carry back to his or her legal employer any freedman, free negro, or mulatto who shall have quit the service of his or her employer before the expiration of his or her term of service without good cause; and said officer and person shall be entitled to receive for arresting and carrying back every deserting employee aforesaid the sum of five dollars, and ten cents per mile from the place of arrest to the place of delivery; and the same shall be paid by the employer, and held as a set- off for so much against the wages of said deserting employeeSec. 7....Every civil officer shall, and every person may, arrest and carry back to his or her legal employer any freedman, free negro, or mulatto who shall have quit the service of his or her employer before the expiration of his or her term of service without good cause; and said officer and person shall be entitled to receive for arresting and carrying back every deserting employee aforesaid the sum of five dollars, and ten cents per mile from the place of arrest to the place of delivery; and the same shall be paid by the employer, and held as a set- off for so much against the wages of said deserting employee

22 The Mississippi Black Code Sec. 1. Be it enacted, etc.,...That all rogues and vagabonds, idle and dissipated persons, beggars, jugglers, or persons practicing unlawful games or plays, runaways, common drunkards, common night-walkers, pilferers, lewd, wanton, or lascivious persons, in speech or behavior, common railers and brawlers, persons who neglect their calling or employment, misspend what they earn, or do not provide for the support of themselves or their families, or dependents, and all other idle and disorderly persons … shall be deemed and considered vagrants, and upon conviction thereof shall be fined not exceeding one hundred dollars, with all accruing costs, and be imprisoned at the discretion of the court, not exceeding ten days.Sec. 1. Be it enacted, etc.,...That all rogues and vagabonds, idle and dissipated persons, beggars, jugglers, or persons practicing unlawful games or plays, runaways, common drunkards, common night-walkers, pilferers, lewd, wanton, or lascivious persons, in speech or behavior, common railers and brawlers, persons who neglect their calling or employment, misspend what they earn, or do not provide for the support of themselves or their families, or dependents, and all other idle and disorderly persons … shall be deemed and considered vagrants, and upon conviction thereof shall be fined not exceeding one hundred dollars, with all accruing costs, and be imprisoned at the discretion of the court, not exceeding ten days.

23 The Mississippi Black Code Sec. 2....All freedmen, free negroes and mulattoes in this State, over the age of eighteen years, found on the second Monday in January, 1866, or thereafter, with no lawful employment or business, or found unlawfully assembling themselves together, and all white persons so assembling themselves with freedmen, free negroes or mulattoes, or usually associating with freedmen, free negroes or mulattoes, on terms of equality, or living in adultery or fornication with a freed woman, free negro or mulatto, shall be deemed vagrants, and on conviction thereof shall be fined in a sum not exceeding, in the case of a freedman, free negro or mulatto, fifty dollars, and a white man two hundred dollars, and imprisoned at the discretion of the court, the free negro not exceeding ten days, and the white man not exceeding six months....Sec. 2....All freedmen, free negroes and mulattoes in this State, over the age of eighteen years, found on the second Monday in January, 1866, or thereafter, with no lawful employment or business, or found unlawfully assembling themselves together, and all white persons so assembling themselves with freedmen, free negroes or mulattoes, or usually associating with freedmen, free negroes or mulattoes, on terms of equality, or living in adultery or fornication with a freed woman, free negro or mulatto, shall be deemed vagrants, and on conviction thereof shall be fined in a sum not exceeding, in the case of a freedman, free negro or mulatto, fifty dollars, and a white man two hundred dollars, and imprisoned at the discretion of the court, the free negro not exceeding ten days, and the white man not exceeding six months....

24 Who Controls Reconstruction? Congress bars Southern Congressional delegates. President Johnson vetoes the Freedmens Bureau bill (February, 1866). Congress passes Civil Rights Act of 1866 Joint Committee on Reconstruction created. March, 1866 Johnson vetoed the 1866 Civil Rights Act. Congress passed both bills over Johnsons vetoes 1 st in U. S. history!!

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26 14 th Amendment The Civil Rights Act of 1866 enshrined into the Constitution (Ratified in July, 1868) * Defined citizenship * Provide a constitutional guarantee of the rights and security of citizens. * Equal Protection Clause * Overturns the 3/5 clause. * Southern states would be punished for denying the right to vote to black men. * Repudiates the Confederate debt.

27 14th Amendment Section 1.Section 1. –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.

28 14th Amendment Section 2. Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty- one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.Section 2. Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty- one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.malebeing twenty- one years of agemalebeing twenty- one years of age

29 14th Amendment Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

30 14th Amendment Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither 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.Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither 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. Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

31 The 1866 Congressional Elections Johnsons Swing around the Circle A referendum on Radical Reconstruction. Johnson made an ill-conceived propaganda tour around the country to push his plan. Republicans won a 3-1 majority in both houses and gained control of every northern state.

32 Radical Plan for Readmission Civil authorities in the territories were subject to military supervision. Required new state constitutions, including black suffrage and ratification of the 13 th and 14 th Amendments. In March, 1867, Congress passed an act that authorized the military to enroll eligible black voters and begin the process of constitution making.

33 Reconstruction Acts of 1867 Military Reconstruction Act * Restart Reconstruction in the 10 Southern states that refused to ratify the 14 th Amendment. * Divide the 10 unreconstructed states into 5 military districts.

34 Reconstruction Acts of 1867 Command of the Army Act * The President must issue all Reconstruction orders through the commander of the military. Tenure of Office Act * The President could not remove any officials [esp. Cabinet members] without the Senates consent, if the position originally required Senate approval. Designed to protect radical members of Lincolns government. A question of the constitutionality of this law. Edwin Stanton

35 President Johnsons Impeachment Johnson removed Stanton in February, 1868. Johnson replaced generals in the field who were more sympathetic to Radical Reconstruction. The House impeached him on February 24 before even drawing up the charges by a vote of 126 – 47!

36 The Senate Trial 11 week trial. Johnson acquitted 35 to 19 (one short of required 2/3s vote).

37 Biracial, Republican governments created in all Southern states Biracial, Republican governments created in all Southern states Freedmen: 8 of 10 Republicans Freedmen: 8 of 10 Republicans Carpetbaggers: many Union veterans Carpetbaggers: many Union veterans Scalawags: unionists from Appalachian Scalawags: unionists from Appalachian Most lasted less than ten years Most lasted less than ten years Military power necessary to support them Military power necessary to support them

38 An Unreconstructed View The Solid South carries the burden of carpetbagger government, supported by Federal TroopsThe Solid South carries the burden of carpetbagger government, supported by Federal Troops

39 The Reconstructed South Accomplishments of Reconstruction GovernmentsAccomplishments of Reconstruction Governments Failures of Reconstruction GovernmentsFailures of Reconstruction Governments Wait for Discussion Group!Wait for Discussion Group!

40 Colored Rule in the South?

41 1868 Presidential Election

42 Waving the Bloody Shirt! Republican Southern Strategy

43 The Election of 1872 Rumors of corruption during Grants first term discredit Republicans. Horace Greeley runs as a Democrat/Liberal Republican candidate. Greeley attacked as a fool and a crank. Greeley died on November 29, 1872!

44 1872 Presidential Election

45 Popular Vote for President: 1872

46 The Panic of 1873 It raises the money question. * debtors seek inflationary monetary policy by continuing circulation of greenbacks. * creditors, intellectuals support hard money. 1875 Specie Redemption Act. 1876 Greenback Party formed & makes gains in congressional races The Crime of 73!

47 Legal Challenges The Slaughterhouse Cases (1873) Bradwell v. IL (1873) U. S. v. Cruickshank (1876) U. S. v. Reese (1876)

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49 Reconstruction and the Southern Economy Devastation wrought by war was real Devastation wrought by war was real Production down Production down Acreage under cultivation down Acreage under cultivation down Land values down Land values down Basic Conflict Basic Conflict Landowners wanted control over labor Landowners wanted control over labor Labor (mostly freedmen) wanted land Labor (mostly freedmen) wanted land Result was sharecropping and tenant farming Result was sharecropping and tenant farming

50 Sharecropping

51 Tenancy & the Crop Lien System Furnishing MerchantTenant FarmerLandowner Loan tools and seed up to 60% interest to tenant farmer to plant spring crop. Farmer also secures food, clothing, and other necessities on credit from merchant until the harvest. Merchant holds lien {mortgage} on part of tenants future crops as repayment of debt. Plants crop, harvests in autumn. Turns over up to ½ of crop to land owner as payment of rent. Tenant gives remainder of crop to merchant in payment of debt. Rents land to tenant in exchange for ¼ to ½ of tenant farmers future crop.

52 Black & White Political Participation

53 Establishment of Historically Black Colleges in the South

54 Black Senate & House Delegates

55 Blacks in Southern Politics Core voters were black veterans. Most Blacks were politically unprepared. Uneducated Inexperienced The 15 th Amendment guaranteed federal voting.

56 15 th Amendment Ratified in 1870. 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. The Congress shall have power to enforce this article by appropriate legislation. Womens rights groups were furious that they were not granted the vote!

57 The Invisible Empire of the South

58 The Failure of Federal Enforcement Enforcement Acts of 1870 & 1871 [also known as the KKK Act]. The Lost Cause. The rise of the Bourbons. Redeemers (prewar Democrats and Union Whigs).

59 The Civil Rights Act of 1875 Crime for any individual to deny full & equal use of public conveyances and public places. Prohibited discrimination in jury selection. Shortcoming lacked a strong enforcement mechanism. No new civil rights act was attempted for 90 years!

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61 The Balance of Power in Congress StateWhite CitizensFreedmen SC291,000411,000 MS353,000436,000 LA357,000350,000 GA591,000465,000 AL596,000437,000 VA719,000533,000 NC631,000331,000

62 Northern Support Wanes Grantism & corruption. Panic of 1873 [6-year depression]. Concern over westward expansion and Indian wars. Key monetary issues take precedence over Reconstruction: Greenbacks v. specie

63 1876 Presidential Tickets

64 Regional Balance?

65 1876 Presidential Election

66 The Political Crisis of 1877 Corrupt Bargain Part II?

67 Hayes Prevails

68 The Compromise of 1877 Democrats allow Hayes to win Hayes agrees to withdraw troops from Fl.,S.C., and La. Implicit end to enforcement of Reconstruction

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70 The 1868 Republican Ticket

71 The 1868 Democratic Ticket

72 President Ulysses S. Grant

73 Grant Administration Scandals Grant presided over an era of unprecedented growth and corruption. * Credit Mobilier Scandal. * Whiskey Ring. * The Indian Ring.

74 The Tweed Ring in NYC William Marcy Tweed (notorious head of Tammany Halls political machine) Thomas Nast crusading cartoonist/reporter

75 Who Stole the Peoples Money?

76 And They Say He Wants a Third Term

77 Alas, the Woes of Childhood… Sammy TildenBoo-Hoo! Ruthy Hayess got my Presidency, and he wont give it to me!


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