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370

OFFICIAL REPORTS ON CONDITIONS IN SOUTH.

message, which was mild and conciliatory as compared with his speeches, was read in Congress and was well received by all the members except the extreme radicals. Johnson stated his plan of reconstruction calmly and without color, largely in the spirit of Lincoln's second inaugural.* With great satisfaction, he informed that body that all of the seceded States, with the exception of Texas, which would not hold its convention until the spring of 1866, had met the requirements of the reconstruction plans and were ready to resume their places in the Union.

In the summer the President, in order to obtain first hand information regarding the actual condition of affairs in the South, had sent several agents throughout the States to collect all the data obtainable. General Grant, Watterson, and Benjamin C. Truman made full and encouraging reports, but Carl Schurz rendered a contrary report that fully suited the views of the radical element.†

Though the official reports of these agents had not been rendered when Congress convened, yet the majority of both Houses were disposed to im

pugn the motives and methods of the President in reconstructing the States and to question the results obtained. The Republican majority in Congress, "jealous of the prerogative of their body," would not sanction Johnson's plan of restoration and as the latter was equally as stubborn, the two, instead of working together, became involved in a bitter struggle. Sumner and Stevens then proposed or renewed their theories of reconstruction (see chapter I). On December 19 the President submitted to the Senate the reports of Grant and Schurz concerning conditions in the South and the debate was formally opened with Johnson on the one side and Sumner and Stevens on the other as the principal actors.

*

In his report Schurz said: "Treason does, under existing circumstances, not appear odious in the South. The people are not impressed with any sense of its criminality.

*

there is, as yet, among the Southern people an utter absence of national feeling In speaking of the negro problem and the question of free labor, he said that the notion was prevalent in the South "that the negro exists for the special

* Richardson, Messages and Papers, vol. vi., object of raising cotton, rice and

pp. 353-371; McPherson, Handbook of Politics, 1868, pp. 64-66.

Senate Executive Document No. 2, 39th Congress, 1st session, quoted in A. B. Hart, American History Told by Contemporaries, vol. iv., pp. 452458. See also Blaine, vol. ii., pp. 147-154; McPherson's Political History, p. 67; and for a history of Schurz's trip and the subsequent report, The Reminiscences of Carl Schurz, vol. iii., pp. 153-209. On general conditions see Whitelaw Reid, After the War: A Southern Tour.

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LETTER WRITTEN BY GENERAL GRANT REGARDING KU KLUX AND OTHER RECONSTRUCTION DISTURBANCES IN TENNESSEE.

L

1

GRANT'S REPORT.

master, it is not admitted that he has a right to become his own master After recounting the poverty and hardships imposed upon the people by the war Schurz said: "It is, indeed, not wonderful that, under such circumstances, they should study not how to introduce and develop free labor but how to avoid its introduction *"'; and again: "as long as the change from slavery to free labor is known to the Southern people only by its destructive results, the people must be expected to throw obstacles in its way."

*

On the contrary, Grant said in his report:* "I am satisfied that the mass of thinking men of the South accept the present situation of affairs in good faith." He recommended that enough soldiers be maintained in the South to insure order and guarantee safety and protection to life and property, but he urged that no negro troops be sent, for "the presence of black troops, lately slaves, demoralizes labor." He said that "the late slave seems to be imbued with the idea that the property of his late master should, by right, belong to him, or at least should have no protection from the colored soldiers." His observations brought him to the conclusion that "the citizens of the Southern States are anxious to return to self-government, within the Union, as soon as possible; that they are in earnest in wishing to do what they think is required by the government,

*Senate Doc. No. 2, p. 106 et seq., 39th Congress, 1st session.

VOL. IX 25

371

not humiliating to them as citizens, and that if such a course were pointed out they would pursue it in good faith."'*

Congress, however, ignored the whole scheme of reconstruction which Lincoln and Johnson had carried out, and during the last week of February, 1866, the Senate passed a resolution, concurrent with the Stevens resolution in the House, denying the right of the Southern representatives to enter Congress until the report of the Committee on Reconstruction should be rendered and acted upon.†

Undoubtedly one of the reasons (and one for which the radicals had long been in search) that led Congress to put its veto upon the policy pursued by the executive was the character of the legislation with regard to freedmen enacted by some of the Southern States during the latter part of 1865 and the early part of 1866. The purpose of this, it was alleged by the radicals, was to keep the negroes in a condition of involuntary servitude if not of actual slavery. That the Southerners were confronted with a most trying and perplexing situation cannot be doubted and this situation was little understood by the people of the North.

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372 ANTI-NEGRO LEGISLATION IN SOUTH-THE "BLACK CODE."

This problem was the status of the former slaves in the new social order of the South. The laws that were already on the statute books had been made for the whites only, as the negro was not thought of as a freedman when they were enacted. So, therefore, these laws must necessarily be changed in order to include the negro race, and it was the drastic character of some of the enactments passed by the various States to suit the conditions peculiar to each that was particularly offensive to the North.

as the "Black Code." Blaine says
these laws were all wrong and that
the Southerners were simply trying
to "prove to the public opinion of
mankind that the negro was only fit
to be a chattel; * * * that slavery was
the normal and natural state of the
negro; that the Northern people
had been deceived by a sentiment and
had been following a chimera" and
that "the Southern people alone un-
derstood the question." *

Blaine, vol. ii., pp. 91-107. But Blaine seemed to forget that his own State of Maine, as well as other Northern States had similar laws respecting vagrants, idlers, etc. Dunning, in his Reconstruction, Political and Economic, pp. 57-58, in discussing the "Black Code," says:

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"To a distrustful Northern mind such legisla tion could very easily take the form of a sys tematic attempt to relegate the freedmen to a subjection only less complete than that from which the war had set them free. The radicals sounded a shrill note of alarm. In Congress, Wilson, Sumner, and other extremists took up the cry, and with superfluous ingenuity distorted the spirit and purpose of both the law and the lawmakers of the South. The Black Codes' were represented to be the expression of a deliberate purpose by the Southerners to nullify the results of the war and to reëstablish slavery, and this impression gained wide prevalence in the North.

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As many of the negroes had become roving beggars, the offence of vagrancy was so defined that few of the freedmen could escape punishment. To the negroes was given the right to own property, to testify in court when colored persons were concerned and to sue and be sued, but they could not serve on juries or in the militia, vote, nor hold office. A harsh and unnecessary apprentice system to care for the homeless young negroes was adopted. In South Carolina the laws enacted rendered very difficult the admission of negroes to certain occupations; in Mississippi the negroes could not legally rent or lease lands in incorporated towns; Florida limited the right to bear arms; and in some States it was compulsory that a negro minister have a license. Mixed marriages were strictly prohibited, gess, Reconstruction, pp. 44-54; McPherson, Handas were also mixed schools, and everywhere the negro was classed as a political and social inferior, though his civil equality was substantially recognized by all. These laws became known

"Yet as a matter of fact, this legislation, far from embodying any spirit of defiance toward the North, or any purpose to evade the conditions which the victors had imposed, was in the main a conscientious and straightforward attempt to bring some sort of order out of the social and economic chaos which a full acceptance of the results of the war and emancipation involved. In its general principle it corresponds very closely to the actual facts of the situation." See also Fleming, Documentary History, vol. i, pp. 247-312; Bur

book of Politics, 1868, pp. 29-44; Senate Doc. No. 26, 39th Congress, 1st session; Wilson, Slave Power, vol. iii., p. 600 et seq.; Merriam, The Negro and the Nation, pp. 288-293; Chadsey, President Johnson and Reconstruction, pp. 43–48; Garner, Reconstruction in Mississippi, p. 113 et seq.; Hol lis, Reconstruction in South Carolina, pp. 48-51;

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