The weaknesses of the federal government - Legislative, Political (and Ideological) Flashcards
The end of the civil war:
The American Civil War was a long and destructive struggle but it ended with surprising speed. When Abraham Lincoln ran for re-election in 1864, victory still seemed far off; before the election Lincoln had been genuinely worried he might lose. It was only after the capture of Atlanta by Union forces in September 1864 that victory, in both the election and the war, was assured
By the time of Lincoln’s Second Inauguration in March 1865, the armies of the North were closing in on the Confederate capital in Richmond, Virginia. On 2 April 1865 Jefferson Davis, the leader of the Confederacy, was notified by General Robert E. Lee that the Southern armies could not fight on. Davis and his government fled. Union troops occupied Richmond; President Lincoln arrived to tour the city on 4 April. Five days later, General Lee met the Union commander Ulysses S. Grant at the village of Appomattox Courthouse to negotiate surrender. On 13 April Lee’s 26,000 troops laid down their arms. The Civil War was over and the Confederacy was dead
Abraham Lincoln (1809-1865):
Abraham Lincoln was a self-educated lawyer from Springfield in Illinois, who was elected to Congress in 1846. Lincoln played a leading role in the formation of the new Republican Party in 1854 and ran for the Senate in 1858. He lost, but his debates with his rival, Stephen Douglas, gained him a national reputation. He won the 1860 election to become the 16th American President. He led the North to victory in the Civil War, and his 1863 Gettysburg Address paved the way for the abolition of slavery. Lincoln was assassinated in April 1865
The assassination of Abraham Lincoln:
On 14 April, President Lincoln attended Ford’s Theatre in Washington to see Our American Cousins. An actor who had often performed at the theatre, James Wilkes Booth, came into Lincoln’s box and shot him in the head. Lincoln died the next day. On 21 April massed crowds watched Lincoln’s funeral train set out on its journey to his home in Springfield, Illinois. Having led the nation through years of war, Lincoln was prevented from leading the divided nation back to peace
The death of Lincoln was part of a major plot against the federal government: while James Wilkes Booth was shooting the President at Ford’s Theatre, other conspirators went to kill Vice-President Johnson and the Secretary of State, William Seward. Johnson was unharmed because his would-be assassin panicked and ran away; Seward was badly hurt in a knife attack while in bed at home, but survived
Booth was shot dead by the soldiers sent to capture him, and four other conspirators (one a woman) were hanged in July 1865
The legacy of Lincoln:
The legacy of Abraham Lincoln was both political and personal. The Civil War had been won, but restoring national unity required more than military victory. The economic legacy of the Civil War was complex. The war had lasted four years, and 625,000 lives had been lost. Agriculture, trade and overseas markets had been dislocated, but the economic impact of the war reflected the divided nation. In the North, the war had stimulated vast economic expansion, with an acceleration of industrialisation and modernisation. But for the South, the war was traumatic
There had been considerable physical destruction of Southern towns and cities, especially in the last months of the war, when Union armies led by General William Sherman captured Atlanta and marched 440 miles across Georgia to the sea, leaving a trail of devastation. Sherman’s march through Georgia was, in military terms, a ‘normal’ demonstration of the nature of modern warfare, but it was to be remembered for generations to come. Scars such as the burning of Atlanta and the destruction of Charleston became symbols of what had been done to the South by the Northern invaders
How could the Southern states be reconciled and reintegrated? Was it necessary or desirable to put the leaders of the Confederacy on trial for treason against the Union? How should the balance of power between the States and the federal government be redefined? Should the big decisions about rebuilding the nation be taken by Congress, or the President?
Most of these political problems revolved around the issue of the abolition of slavery. More than 3 million former slaves were now free men: nobody knew what the social, economic and political consequences of this would be in the New South. How far towards equality would the position of African-Americans move? Would there be a racial conflict between former slaves and their former masters? Economic developments provided the context for these political battles and widened the gulf between the expanding North and the relatively impoverished South
The weaknesses of the federal government:
The Reconstruction of the nation would depend to a large extent on the actions and authority of the federal government, but its powers were very limited in 1865. Many of these weaknesses were generic and institutional. The Constitution was based on the separation of powers, on a system of checks and balances, to ensure no one arm of government became too powerful. Even a successful president like Lincoln could face difficulties in gaining support from Congress
The Civil War had tested to destruction the issue of states rights in relation to the federal government; after 1865 it was clear that the rights of the states had limits. The power and prestige of the presidency had also been strengthened by Lincoln’s role as a war leader. But the federal government was small in scale, with no large bureaucracy to implement its policies nationwide. Much political power was still reserved to state governments, whose local and sectional interests could obstruct or frustrate Congress or the presidency
Other weaknesses of the federal government in 1865 were specific to the crisis situation after the Civil War. The fierce resentment in the South made it particularly difficult to agree on a policy for Reconstruction, or to enforce it. There were fractured party loyalties. The main political parties were divided into factions, and the end of the war weakened the forces that had held rival politicians together in a common cause. Many of these political and personal rivalries were made worse by the divisive personality of Andrew Johnson
The constitution:
Andrew Johnson (1808-1875):
Andrew Johnson represented Tennessee in both the House and the Senate, and was Governor from 1853 to 1857 (he was military governor during the Civil War). As a War Democrat, Johnson seemed an ideal choice as Lincoln’s running mate in 1864. He became president after Lincoln’s death. He had deep differences with Congress over Reconstruction and was impeached in 1868, narrowly escaping conviction by the Senate. Tennessee elected him to the Senate in 1875, the only ex-president to serve there
The troubled presidency of Andrew Johnson:
When he assumed the presidency in April 1865, Andrew Johnson was widely regarded as the right man for the job. He was respected for his decision to stay on in Congress after Tennessee seceded (withdrew) from the Union in 1861, the only Southern senator to do so. He had served as military governor of Tennessee and had been supportive of Lincoln in his time as Vice-President. He was a supporter of emancipation (the freeing of slaves) and was a fierce critic of the old plantation-owning Southern elite. Radical Republicans were hopeful Johnson would bring in the kind of reforms they wanted
Johnson, however, was a Democrat with his own ideas who wanted to carry through his own policies, without depending on Republican allies in Congress. In May 1865, Johnson launched his own programme of Presidential Reconstruction. This was seen by Radical Republicans as ‘soft’ towards the Southern states. The result was four chaotic years of bitter disputes, splitting the Republican Party, alienating Southerners, and leaving Johnson massively unpopular and politically isolated. In 1868, Johnson was impeached (the removal of a public official who is deemed guilty of misdemeanours) by Congress and only narrowly escaped being convicted. Reconstruction was still a faraway prospect
Andrew Johnson and Presidential Reconstruction:
Johnson aimed to act quickly to bring the South back into the political mainstream. Seven Southern states - Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, and Texas - did not yet have approved Reconstruction governments. Johnson announced that all Southerners, except Confederate soldiers and the rich plantation owners, would be pardoned if they swore an oath of allegiance to the Union, and he eventually issued approximately 13,000 pardons. This opened the way for state conventions to set up new, lawful state governments, which would then accept the abolition of slavery and renounce the illegal action of breaking away from the Union in 1861
Johnson’s shortcut to reconciliation did not work out as intended and it aroused intense opposition from Republicans. His original plan to prosecute Confederate leaders for treason was dropped. Johnson had wanted to purge the old plantation aristocracy and prevent them from regaining power and influence in state governments, but the new state governments were dominated by the same old Southern elites, and the men elected to represent the Southern states in Congress were mostly former Confederate politicians and military officers. The new state governments also back-tracked on the question of rights for African-Americans; every state brought in ‘black codes’ that placed severe restrictions on the legal and economic rights of freedmen. Several states refused to ratify the Constitutional amendment abolishing slavery
Johnson has sound reasons for acting as he did. He knew it was vital to reconcile the South and to prevent those who had supported the Confederacy from becoming ‘a degraded and debased people’. But to Northern liberals, Johnson had betrayed the high hopes aroused by victory in the Civil War. He had undermined the status of black people in the South and he had allowed the old gang of Confederate leaders to creep back into politics. When Congress convened in December 1865 it was dominated by angry Republicans determined to wipe out the black codes and to remove former Confederates from power
The black codes:
The ‘black codes’, introduced by new state governments in the South to replace the old slave codes, accepted the basic rights of freed slaves such as the right to marry and to own property. But there were harsh limitations, and many states imposed segregation and prohibited interracial marriage. Under the codes, blacks were not allowed to testify in court against whites; blacks also faced great difficulties in gaining economic freedom from work on the plantations
Congressional Reconstruction:
From December 1865, Andrew Johnson was on a collision course with Congress. The president faced four competing political factions: Democrats, conservative Republicans, moderate Republicans, and radical Republicans. However this situation was approached, there was bound to be tension and political conflict, but a viable compromise might well have been achieved. Johnson, however, was high-handed and inept in his attempts to override opponents by the use of his presidential veto. He alienated many potential allies among moderate Republicans and drove them into allying with the Radicals
Johnson’s first use of the veto was against the renewal of the Freedmen’s Bureau. This had been established in March 1865 to assist and protect freed slaves. Now Congress voted to extend the life of the Bureau for three more years and to strengthen its powers to prosecute offenders guilty of discrimination against freedmen. Johnson vetoed this in February 1866. Congress then passed the Civil Rights Act in March 1866, re-stating the equal rights of African-Americans and authorising federal intervention to enforce them, but Johnson vetoed this as well. In July 1866 Congress passed another Freedmen’s Bureau Act, but Johnson vetoed this, too. Congress fought back, voting to override the presidential veto. In April 1866 the alliance between moderate Republicans and the Radicals pushed Congress into adopting the Fourteenth Amendment to the Constitution to secure the Civil Rights Act. This was the most controversial of the Reconstruction Amendments - a highly politicised attempt to build equal citizenship rights into the Constitution and to penalise any states that denied the vote to male citizens. The third clause of the Amendment disqualified from office anyone who had supported the Confederacy, thus cancelling most of the pardons previously issued by Johnson
Freedmen’s Bureau:
The Freedmen’s Bureau was set up by President Lincoln in 1865 as part of the United States Department of War. The Bureau was originally to last for one year but in 1866 its powers were renewed and expanded to provide assistance to African-Americans with family issues, legal advice, and improvements in employment and education. The Bureau continued operating until 1872
The Reconstruction Amendments:
- Congress passed the Thirteenth Amendment, abolishing slavery, in April 1865 shortly after Lincoln’s Second Inauguration. It was ratified by a sufficient majority of the states in January 1866
- The Fourteenth Amendment, guaranteeing equal citizenship and voting rights, was proposed by Congress in April 1866 and ratified in July 1868
- The Fifteenth Amendment, prohibiting federal or state governments from denying citizens the right to vote on the grounds of race, was adopted by Congress in February 1869 and ratified in March 1870
Reconstruction after the Fourteenth Amendment:
The passing of the Fourteenth Amendment led to a major political confrontation. Johnson refused to compromise and denounced it. Almost the entire South regarded it as unfair Northern revenge (though abolitionists thought it did not go far enough). Johnson hoped that he could form a new centrist political party, the National Union Party, but the 1866 mid-term elections were disastrous for Johnson. Republicans won two-thirds of the seats in the House and gained an even stronger hold on the Senate. Presidential Reconstruction was finished. Congressional Reconstruction was in full flow
After complex negotiations between moderates and Radicals, Congress passed the Reconstruction Act in February 1867. Johnson vetoed it. In March 1867 Congress voted it through again, overriding the presidential veto. The Reconstruction Act took bold steps - all previous measures to reintegrate the Southern states were declared void; Tennessee was the only state to be recognised. The other ten ex-Confederate states were effectively abolished and placed under temporary military rule until elected delegates agreed a new state constitution that ensured voting rights for all African-American males. Then, after ratifying the Fourteenth Amendment, the state would be accepted back into the Union
The Reconstruction Act was a compromise and did not go far enough to satisfy the Radicals, whose leader, Thaddeus Stevens, wanted to confiscate estates and to redistribute the land to freedmen. Stevens knew that economic freedom would be as important for former slaves as political freedom. For President Johnson, however, the Act went much too far and he did much to obstruct it, especially by placing conservative military officers in control of the five military districts