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CHAPTER LIII.

PARTING OF THE WAYS.

When Andrew Johnson resigned as military governor of Tennessee to become vice-president, he was the recipient, on March 3, 1865, of the following generous and well-deserved letter from Stanton:

This Department has accepted your resignation as brigadier-general and military governor of Tennessee. Permit me to render you the thanks of this Department for your patriotic and able services during the eventful period through which you have executed the high trusts committed to your charge.

In one of the darkest hours of the great struggle for national existence against rebellious foes, the Government called you from the Senate, from the comparatively safe and easy duties of civil life, to place you in front of the enemy and in a position of personal toil and danger perhaps more hazardous than was encountered by any other citizen or military officer of the United States.

With patriotic promptness you assumed the post and maintained it under circumstances of unparalleled trial until recent events have brought deliverance and safety to your State and to the integrity of that constitutional Union to which you so long and gallantly periled all that is dear to man on earth.

That you may be spared to enjoy the new honors and perform the high duties to which you have been called by the people of the United States is the sincere wish of one who, in every personal and official relation, has found you worthy of the confidence of the Government and the honor and esteem of your fellow citizens.

A few days later Johnson succeeded Lincoln as president, confronted with new and intricate problems, and many sad conditions. Throughout the South, except where straggling patches were tilled by ex-slaves under military tutelage,

No products did the barren fields afford,

Save man and steel-the soldier and his sword.

There were no mails, no post-offices, no commerce, no money, no industries—nothing but chaos in society, paralysis in industry, anarchy in politics, and poverty among the people.

A numerous faction in the North contended that the moment the insurgents surrendered or were captured, their hostile and illegal State governments became formal and legal, and the States themselves full parts of the Federal Union.

Stanton held that such a theory was absurd and that every insurgent organization, civil and military, was wiped out by the victory of the Federal arms and that the conquered sections possessed no rights not granted by the conqueror. Said he: "A public enemy cannot come into Congress and vote down the measures proposed for his subjugation or reconstruction.* The culprit cannot sit as a member of the jury in the trial of its own case."

The conflicting arguments of statesmen and jurists, mixed with fearful threats by the new President against the insurgent leaders, distracted the masses and rendered any decisive step hazardous. However, as very many had wrongly thought, with Lincoln, that sovereignty attached to the soil and not to the inhabitants, Stanton prepared a plan of reconstruction on the surrender of Lee which he handed to Lincoln in the morning of the day before the assassination. Concerning this plan and the attitude of Lincoln, Stanton testified under oath before a committee of Congress:

On the last day of Mr. Lincoln's life there was a cabinet meeting, at which General Grant and all the members of the cabinet except Mr. Seward were present. General Grant at the time made a report of the condition of the country as he conceived it to be on the surrender of Johnston's army, I which was regarded as absolutely certain. The subject of reconstruction was talked of at considerable length. Shortly previous to that time I had myself, with a view of putting in a practical form the means of overcoming what seemed to be a difficulty in the mind of Mr. Lincoln as to the mode of reconstruction, prepared a rough draft form or mode by which the authority and laws of the United States should be reestablished and governments recognized in the rebel States under the Federal authority, without any necessity whatever for the intervention of rebel organizations or rebel aid.

In the course of that consultation Mr. Lincoln alluded to the paper, went into his room, brought it out, and asked me to read it, which I did, and explained my ideas in regard to it. There was one point which I had left open; that was as to who should constitute the electors in the respective States. That I supposed to be the only important point upon which a difference of opinion could arise-whether the blacks should have suffrage in the States, or whether it should be confined for purposes of reorganization to those who had exercised it under the former State laws. I left a

*On Stanton's advice, previous to counting the electoral votes of the States, Congress passed a resolution in February, 1865, deciding that the rebellious States were not entitled to vote for presidential electors.

blank upon that subject to be considered. There was at that time nothing adopted about it and no opinion expressed; it was only a project. I was requested by the other members of the cabinet, and by Mr. Lincoln, to have a copy printed for each member for subsequent consideration.

My object was simply to bring to the attention of the President and cabinet, in a practical form, what I thought might be a possible means of organization without rebel intervention. Mr. Lincoln seemed to be laboring under the impression that there must be some starting point in the reorganization, and that it could be only through the agency of the rebel organizations then existing, but which I did not deem to be at all necessary.

The plan of reconstruction mentioned in the foregoing testimony was adopted by Johnson when he became president, without change in word or punctuation, and issued on May 9, 1865, as an "Executive Order to reestablish the authority of the United States and execute the laws within the geographical limits known as the State of Virginia," as follows:

Ordered: First-That all acts and proceedings of the political, military, and civil organizations which have been in a state of insurrection and rebellion within the State of Virginia against the authority and laws of the United States, and of which Jefferson Davis, John Letcher, and William Smith were late the respective chiefs, are declared null and void. All persons who shall exercise, claim, pretend, or attempt to exercise any political, military, or civil power, authority, jurisdiction, or right, by, through, or under Jefferson Davis, late of the City of Richmond, and his confederates, or under John Letcher or William Smith and their confederates, or under any pretended political, military, or civil commission or authority issued by them or any of them since the 17th day of April, 1861, shall be deemed and taken as in rebellion against the United States, and shall be dealt with accordingly.

Second-That the Secretary of State proceed to put in force all laws of the United States, the administration whereof belongs to the Department of State, applicable to the geographical limits aforesaid.

Third-That the Secretary of the Treasury proceed without delay to nominate for appointment assessors of taxes and collectors of custom and internal revenue, and such other officers of the Treasury Department as are authorized by law, and shall put into execution the revenue laws of the United States within the geographical limits aforesaid. In making appointments the preference shall be given to qualified loyal persons residing within the districts where their respective duties are to be performed. But if suitable persons shall not be found resident of the districts, then persons residing in other States or districts shall be appointed.

Fourth-That the Postmaster-General shall proceed to establish postoffices and post routes, and put into execution the postal laws of the United States within the said State, giving the loyal residents the preference of appointment; but if suitable persons are not found, then to appoint agents, etc., from other States.

Fifth-That the District Judge of said district proceed to hold courts within said State in accordance with the provisions of the acts of Congress. The Attorney-General will instruct the proper officers to libel and bring to judgment, confiscation, and sale, property subject to confiscation, and enforce the administration of justice within said States, in all matters civil and criminal within the cognizance and jurisdiction of the Federal courts.

Sixth-That the Secretary of War assign such assistant provost marshalgenerals and such provost marshals in each district of said State as may be deemed necessary.

Seventh-The Secretary of the Navy will take possession of all public property belonging to the Navy Department, within said geographical limits, and put in operation all acts of Congress in relation to naval affairs having application to said State.

Eighth The Secretary of the Interior will also put in force the laws relating to the Department of the Interior.

Ninth That to carry into effect the guarantee of the Federal constitution of a republican form of State government, and afford the advantage and security of domestic laws, as well as to complete the reestablishment of the authority of the laws of the United States, and the full and complete restoration of peace within the limits aforesaid, Francis H. Pierrepont, [then military] governor of the State of Virginia, will be aided by the Federal Government, so far as may be necessary, in the lawful measures which he may take for the extension and administration of the State government throughout the geographical limits of said State.

Before reconstruction could be taken up in other States, Secretary Seward had sufficiently recovered from the attempt upon his life to make his influence felt, supplemented immediately by that of Judge J. S. Black, Edgar Cowan, Montgomery Blair, Reverdy Johnson, and others of their belief who had allied themselves with the President.

Seward first struck section six from Stanton's original reconstruction order, so that the man who had conquered the insurrectionary country should have nothing to do with caring for or administering the fruits of his victory. Then section nine was eliminated and a series of "whereas's" prefixed to the document defining suffrage and citizenship and authorizing constitutional conventions, etc., all exclusive prerogatives of Congress.

Thus reconstructed, Stanton's reconstruction order was issued as a presidential proclamation in North Carolina. This, however, was not done before Stanton had distinctly warned Seward that if the President should declare the Rebellion ended and withdraw and terminate the military governments established by the War Department, thus impairing if not resigning his powers as commander-in

chief, he would become an usurper in attempting to appoint, create, or select governors or other civil officers in the South without antecedent action by Congress.

Seward thereupon sent letters to all the so-called governors who had been appointed by Johnson to succeed the military governors, informing them that their appointments must be considered "provisional only until the civil authorities shall be restored with the authority of Congress"-curious advice in view of the fact that the appointments themselves were illegal, whether for long or short periods, "provisional" or otherwise.

son.

Here begins the parting of the ways between Stanton and John

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