THE RECONSTRUCTION ACTS

The 1867 Military Reconstruction Act, which encompassed the vision of Radical Republicans, set a new direction for Reconstruction in the South. Republicans saw this law, and three supplementary laws passed by Congress that year, called the Reconstruction Acts, as a way to deal with the disorder in the South. The 1867 act divided the ten southern states that had yet to ratify the Fourteenth Amendment into five military districts (Tennessee had already been readmitted to the Union by this time and so was excluded from these acts). Martial law was imposed, and a Union general commanded each district. These generals and twenty thousand federal troops stationed in the districts were charged with protecting freed people. When a supplementary act extended the right to vote to all freed men of voting age (21 years old), the military in each district oversaw the elections and the registration of voters. Only after new state constitutions had been written and states had ratified the Fourteenth Amendment could these states rejoin the Union. Predictably, President Johnson vetoed the Reconstruction Acts, viewing them as both unnecessary and unconstitutional. Once again, Congress overrode Johnson’s vetoes, and by the end of 1870, all the southern states under military rule had ratified the Fourteenth Amendment and been restored to the Union.

The map above shows the five military districts established by the 1867 Military Reconstruction Act and the date each state rejoined the Union. Tennessee was not included in the Reconstruction Acts as it had already been readmitted to the Union at the time of their passage.

THE IMPEACHMENT OF PRESIDENT JOHNSON

President Johnson’s relentless vetoing of congressional measures created a deep rift in Washington, DC, and neither he nor Congress would back down. Johnson’s prickly personality proved to be a liability, and many people found him grating. Moreover, he firmly believed in white supremacy, declaring in his 1868 State of the Union address, “The attempt to place the white population under the domination of persons of color in the South has impaired, if not destroyed, the kindly relations that had previously existed between them; and mutual distrust has engendered a feeling of animosity which leading in some instances to collision and bloodshed, has prevented that cooperation between the two races so essential to the success of industrial enterprise in the southern states.” The president’s racism put him even further at odds with those in Congress who wanted to create full equality between blacks and whites.

The Republican majority in Congress by now despised the president, and they wanted to prevent him from interfering in congressional Reconstruction. To that end, Radical Republicans passed two laws of dubious constitutionality. The Command of the Army Act prohibited the president from issuing military orders except through the commanding general of the army, who could not be relieved or reassigned without the consent of the Senate. The Tenure of Office Act, which Congress passed in 1867, required the president to gain the approval of the Senate whenever he appointed or removed officials. Congress had passed this act to ensure that Republicans who favored Radical Reconstruction would not be barred or stripped of their jobs. In August 1867, President Johnson removed Secretary of War Edwin M. Stanton, who had aligned himself with the Radical Republicans, without gaining Senate approval. He replaced Stanton with Ulysses S. Grant, but Grant resigned and sided with the Republicans against the president. Many Radical Republicans welcomed this blunder by the president as it allowed them to take action to remove Johnson from office, arguing that Johnson had openly violated the Tenure of Office Act. The House of Representatives quickly drafted a resolution to impeach him, a first in American history.

This illustration by Theodore R. Davis, which was captioned “The Senate as a court of impeachment for the trial of Andrew Johnson,” appeared in Harper’s Weekly in 1868. Here, the House of Representatives brings its grievances against Johnson to the Senate during impeachment hearings.

In impeachment proceedings, the House of Representatives serves as the prosecution and the Senate acts as judge, deciding whether the president should be removed from office. The House brought eleven counts against Johnson, all alleging his encroachment on the powers of Congress. In the Senate, Johnson barely survived. Seven Republicans joined the Democrats and independents to support acquittal; the final vote was 35 to 19, one vote short of the required two-thirds majority. The Radicals then dropped the impeachment effort, but the events had effectively silenced President Johnson, and Radical Republicans continued with their plan to reconstruct the South.

THE FIFTEENTH AMENDMENT

In November 1868, Ulysses S. Grant, the Union’s war hero, easily won the presidency in a landslide victory. The Democratic nominee was Horatio Seymour, but the Democrats carried the stigma of disunion. The Republicans, in their campaign, blamed the devastating Civil War and the violence of its aftermath on the rival party, a strategy that southerners called “waving the bloody shirt.”

Though Grant did not side with the Radical Republicans, his victory allowed the continuance of the Radical Reconstruction program. In the winter of 1869, Republicans introduced another constitutional amendment, the third of the Reconstruction era. When Republicans had passed the Fourteenth Amendment, which addressed citizenship rights and equal protections, they were unable to explicitly ban states from withholding the franchise based on race. With the Fifteenth Amendment, they sought to correct this major weakness by finally extending to black men the right to vote. The amendment directed that “[t]he 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.” Unfortunately, the new amendment had weaknesses of its own. As part of a compromise to ensure the passage of the amendment with the broadest possible support, drafters of the amendment specifically excluded language that addressed literacy tests and poll taxes, the most common ways blacks were traditionally disenfranchised in both the North and the South. Indeed, Radical Republican leader Charles Sumner of Massachusetts, himself an ardent supporter of legal equality without exception to race, refused to vote for the amendment precisely because it did not address these obvious loopholes.

Despite these weaknesses, the language of the amendment did provide for universal manhood suffrage—the right of all men to vote—and crucially identified black men, including those who had been slaves, as deserving the right to vote. This, the third and final of the Reconstruction amendments, was ratified in 1870. With the ratification of the Fifteenth Amendment, many believed that the process of restoring the Union was safely coming to a close and that the rights of freed slaves were finally secure. African American communities expressed great hope as they celebrated what they understood to be a national confirmation of their unqualified citizenship.

This commemorative print by Thomas Kelly, celebrates the passage of the Fifteenth Amendment with a series of vignettes highlighting black rights and those who championed them. Portraits include Ulysses S. Grant, Abraham Lincoln, and John Brown, as well as black leaders Martin Delany, Frederick Douglass, and Hiram Revels. Vignettes include the celebratory parade for the amendment’s passage, “The Ballot Box is open to us,” and “Our representative Sits in the National Legislature.”

WOMEN’S SUFFRAGE

While the Fifteenth Amendment may have been greeted with applause in many corners, leading women’s rights activists, who had been campaigning for decades for the right to vote, saw it as a major disappointment. More dispiriting still was the fact that many women’s rights activists, such as Susan B. Anthony and Elizabeth Cady Stanton, had played a large part in the abolitionist movement leading up to the Civil War. Following the war, women and men, white and black, formed the American Equal Rights Association (AERA) for the expressed purpose of securing “equal Rights to all American citizens, especially the right of suffrage, irrespective of race, color or sex.” Two years later, with the adoption of the Fourteenth Amendment, section 2 of which specifically qualified the liberties it extended to “male citizens,” it seemed as though the progress made in support of civil rights was not only passing women by but was purposely codifying their exclusion. As Congress debated the language of the Fifteenth Amendment, some held out hope that it would finally extend the franchise to women. Those hopes were dashed when Congress adopted the final language.

The consequence of these frustrated hopes was the effective split of a civil rights movement that had once been united in support of African Americans and women. Seeing this split occur, Frederick Douglass, a great admirer of Stanton, struggled to argue for a piecemeal approach that should prioritize the franchise for black men if that was the only option. He insisted that his support for women’s right to vote was sincere, but that getting black men the right to vote was “of the most urgent necessity.” “The government of this country loves women,” he argued. “They are the sisters, mothers, wives and daughters of our rulers; but the negro is loathed. . . . The negro needs suffrage to protect his life and property, and to ensure him respect and education.”

These appeals were largely accepted by women’s rights leaders and AERA members like Lucy Stone and Henry Browne Blackwell, who believed that more time was needed to bring about female suffrage. Others demanded immediate action. Among those who pressed forward despite the setback were Stanton and Anthony. They felt greatly aggrieved at the fact that other abolitionists, with whom they had worked closely for years, did not demand that women be included in the language of the amendments. Stanton argued that the women’s vote would be necessary to counter the influence of uneducated freedmen in the South and the waves of poor European immigrants arriving in the East.

In 1869, Stanton and Anthony helped organize the National Woman Suffrage Association (NWSA), an organization dedicated to ensuring that women gained the right to vote immediately, not at some future, undetermined date. Some women, including Virginia Minor, a member of the NWSA, took action by trying to register to vote; Minor attempted this in St. Louis, Missouri, in 1872. When election officials turned her away, Minor brought the issue to the Missouri state courts, arguing that the Fourteenth Amendment ensured that she was a citizen with the right to vote. This legal effort to bring about women’s suffrage eventually made its way to the Supreme Court, which declared in 1874 that “the constitution of the United States does not confer the right of suffrage upon any one,” effectively dismissing Minor’s claim.