Under Johnson’s Reconstruction plan, most southern states promptly ratified the Thirteenth Amendment. However, southern legislatures also passed black codes, laws that severely limited the rights of freed African Americans. Their purpose was to preserve African Americans as an underclass and a source of cheap labor.
The black codes did grant some rights. For example, African Americans could marry legally and own some kinds of property. Still, the codes were clearly meant to keep freedmen from gaining political and economic power.
Black codes forbade freedmen to vote, own guns, and serve on juries. In some states, African Americans were permitted to work only as servants or farm laborers. In others, they had to sign contracts for a year’s work. Those without contracts could be arrested and sentenced to work on a plantation.
Republicans charged that Johnson’s Reconstruction plan was so lenient that it had encouraged southern legislatures to pass the black codes. Republicans were also outraged by reports of violence against freedmen. In 1866, white police officers in Memphis, Tennessee, attacked African American Union soldiers, who fired back at the officers. A protest against the police ended in violence, and rioting broke out. Angry whites burned homes and schools in a black section of the city. Similar riots broke out in New Orleans when freedmen met to support the right to vote.
A report by the Joint Committee on Reconstruction accused the South of trying to “preserve slavery . . . as long as possible.” When President Johnson ignored the report, members of Congress called Radical Republicans vowed to take control of Reconstruction.
Understand Effects Why were Radical Republicans outraged at President Johnson’s approach to Reconstruction?
The Radicals were led by Thaddeus Stevens of Pennsylvania in the House and Charles Sumner of Massachusetts in the Senate. Radical Republicans had two main goals. First, they wanted to break the power of wealthy planters who had long ruled the South. Second, they wanted to ensure that freedmen received the right to vote.
Senator Charles Sumner of Massachusetts
Radicals needed the support of moderate Republicans, the largest group in Congress. Moderates and Radicals disagreed on many issues, but they shared a strong political motive. Most southerners were Democrats. With southerners barred from Congress, Republicans could control both houses.
To combat the black codes, Congress passed the Civil Rights Act in April 1866. It gave citizenship to African Americans. When Johnson vetoed the bill, Congress overrode the veto.
Republicans feared that the Supreme Court might use its power of judicial review to declare the Civil Rights Act unconstitutional. To avoid such a ruling, Republicans supported the Fourteenth Amendment. It defines citizens as “all persons born or naturalized in the United States.” Thus, the amendment voided the Dred Scott decision of 1857, in which Chief Justice Roger B. Taney wrote that African Americans were not and never could be citizens.
The Fourteenth Amendment guarantees citizens “equal protection of the laws” and forbids states to “deprive any person of life, liberty, or property without due process of law.” Thus, states could not legally discriminate against a citizen on unreasonable grounds, such as race. The amendment did not apply to most American Indians.
Under the Fourteenth Amendment, any state that denied any male citizen age 21 or older the right to vote would have its representation in Congress consequently reduced. Republicans believed that freedmen would have the capability to defend their rights if they could vote.
The Fourteenth Amendment was proposed by Congress in 1866. It was not ratified for another two years. Republicans hoped the amendment would secure basic political rights for African Americans in the South. That goal would take a century to achieve. In the 1950s, the Fourteenth Amendment‘s Equal Protection Clause became a powerful tool in the struggle for citizenship rights.
Identify Cause and Effect Why did Republicans believe that the Fourteenth Amendment was necessary?
President Johnson encouraged former Confederate states to reject the Fourteenth Amendment. He also decided to make the amendment an issue in the 1866 congressional elections.
Across the North, Johnson urged voters to reject the Radicals. When a heckler yelled for Johnson to hang Jefferson Davis, Johnson shouted, “Why not hang Thad Stevens?”
In July, riots in New Orleans killed 34 African Americans who had gathered in support of a convention backing voting rights. White mobs attacked the crowd and fired into the convention. The violence convinced many northerners that stronger measures were needed. In the end, Republicans won majorities in both houses of Congress. African Americans were beginning to participate in elections. Almost all were Republicans and helped contribute to the Republicans’ majority in Congress.
Thaddeus Stevens led the House in nullifying President Johnson’s Reconstruction plan.
Draw Conclusions What ideals motivated Stevens and the Radical Republicans?
In 1867, Republicans in Congress prepared to take charge of Reconstruction. With huge majorities in both houses, Congress could easily override vetoes. The period that followed is often called Radical Reconstruction.
Congress passed the first Reconstruction Act in March 1867. It threw out the state governments that had refused to ratify the Fourteenth Amendment—all the former Confederate states except Tennessee. The Military Reconstruction Acts of 1867 divided the southern states into five military districts, each governed by a military general.
Military rulers in these military districts had nearly unlimited power. They sometimes conducted trials without juries. Many southerners bitterly resented the imposition of military rule. They argued that the military occupation violated their rights because it was done without their consent or representation.
Congress, however, continued to impose new rules. To rejoin the Union, former Confederate states had to write new constitutions and ratify the Fourteenth Amendment. The Reconstruction Act also required that southern states allow African Americans to vote.
With the new constitutions in place, reconstructed states held elections to set up new state governments. The Fourteenth Amendment barred former Confederate officials from voting. Many other white southerners stayed away from the polls in protest. Protected by the army, freedmen proudly exercised their new right to vote. Most favored the Republican party, since it had supported their rights. As a result, Republicans gained control of all of the new southern state governments.
Four plans for reconstructing the states that had seceded were proposed.
Compare and Contrast In what ways did the Reconstruction Act of 1867 place more restrictions on former Confederate states than had previous plans?
Generate Explanations On what basis did the southern states argue against the Military Reconstruction Acts?
Congress passed other Reconstruction acts over Johnson’s veto. As President, Johnson had a duty to execute, or carry out, the new laws. However, Johnson did what he could to limit their effect. For instance, he fired military commanders who supported Radical Reconstruction. Republicans in Congress decided to try to remove Johnson from office.
On February 24, 1868, the House of Representatives voted to impeach, or bring formal charges against, Johnson. According to the Constitution, the House may impeach a president for “treason, bribery, or other high crimes and misdemeanors.” The president is removed from office if found guilty by two thirds of the Senate.
During Johnson’s trial, it became clear that he was not guilty of high crimes and misdemeanors. Even Charles Sumner, Johnson’s bitter foe, admitted that the charges were “political in character.” Despite intense pressure, seven Republican senators refused to vote for conviction. The Constitution, they said, did not allow Congress to remove a president just because they disagreed with him. In the end, the vote was 35 to 19—one vote shy of the two thirds needed to convict.
Once the Radical Republicans got into office, Congress’s stand on protecting African Americans’ rights was surprisingly consistent.
Summarize How would you describe congressional support for the Fourteenth and Fifteenth Amendments?
Johnson served out the few remaining months of his term. In May 1868, Republicans nominated the Union’s greatest war hero, Ulysses S. Grant, for president.
In July 1868, the Fourteenth Amendment was ratified, granting citizenship to African Americans and guaranteeing equal protection of the laws. Former Confederate states were still required to ratify the amendment before they could be readmitted to the Union.
By election day, Texas, Mississippi, and Virginia had still not ratified the Fourteenth Amendment and were unable to vote. Most southern states had ratified the amendment and rejoined the Union, but some former Confederates in these states were still not allowed to vote. In addition, as required by the 1867 Reconstruction Act, the southern states allowed African American men to vote. About 500,000 blacks voted—nearly all of them for Grant. Grant won six states that had been part of the Confederacy. With support from most northerners as well, he easily won the election.
This illustration shows African Americans voting for the first time in 1868.
Draw Conclusions Why did the artist show different types of African American citizens?
In 1869, Congress proposed the Fifteenth Amendment. It forbids any state to deny any citizen the right to vote because of “race, color, or previous condition of servitude.”
Republicans had moral and political reasons for supporting the Fifteenth Amendment. They remembered the great sacrifices made by African American soldiers in the Civil War. They also felt it was wrong to let African Americans vote in the South but not in the North. In addition, Republicans knew that if African Americans could vote in the North, they would help Republicans win elections there.
The Fifteenth Amendment was ratified in 1870. At last, all African American men over age 21 had the right to vote.
The Fifteenth Amendment was difficult to enforce, and southern conservatives were determined to find ways around it. It was not until the mid-1900s that new legislation began to effectively protect voting rights and the full impact of the amendment was felt.
Identify Cause and Effect Why did some Republican senators refuse to vote to convict Johnson?