PRESIDENTIAL RECONSTRUCTION

The question, what political disposition should be made of the Confederate States after the destruction of their military power, began to be prominent in public discussion in December, 1863. It was then that President Lincoln announced his policy upon the subject, which was to restore each state to its former position in the Union as soon as one-tenth of its population had taken the oath of allegiance prescribed in his amnesty proclamation and had organized a state government pledged to abolish slavery. This policy Lincoln applied to those states which were subdued by the federal forces during his administration, viz., Tennessee, Arkansas and Louisiana. When the remaining states of the Confederacy surrendered in 1865, President Johnson applied the same policy, with some modifications, to each of them (except Virginia, where he simply recognized the Pierpont government).

Before this policy was put into operation, however, an effort was made by some of the leaders of the Confederacy to secure the restoration of those states to the Union without the reconstruction and the pledge required by the President. After the surrender of Lee’s army (April 9, 1865), General J. E. Johnston, acting under the authority of Jefferson Davis and with the advice of Breckenridge, the Confederate Secretary of War, and Reagan, the Confederate Postmaster General, proposed to General Sherman the surrender of all the Confederate armies then in existence on certain conditions. Among these was the condition that the executive of the United States should recognize the lately hostile state governments upon the renewal by their officers of their oath of allegiance to the federal Constitution, and that the people of the states so recognized should be guaranteed, so far as this lay in the power of the executive, their political rights as defined by the federal Constitution. Sherman signed a convention with Johnston agreeing to these terms, on April 18. That he intended by the agreement to commit the federal government to any permanent policy is doubtful. But when the convention was communicated for ratification to his superiors at headquarters, they showed the most decided opposition to granting the terms proposed even temporarily. The convention was emphatically disavowed, and on April 26 Sherman had to content himself with the surrender of Johnston’s army only, agreed to on purely military terms.[1]

Georgia formed a part of the district under the command of General Johnston. As soon, therefore, as the news of the surrender could reach that state, hostilities there ceased. On May 3, Governor Brown issued a summons for a meeting of the state legislature to take place on May 22, in order that measures might be taken “to prevent anarchy, restore and preserve order, and save what [could be saved] of liberty and civilization.”[2] At a time of general consternation, when military operations had displaced local government and closed the courts in many places, when the whole population was in want[3] through the devastation of the war or through the collapse of the Confederate currency which followed the collapse of the Confederate army,[4] the need of such measures was apparent.

The calling of the legislature incurred the disapproval of the federal authorities for two reasons. First, they regarded it as an attempt to prepare for further hostilities, and they accordingly arrested Brown, carried him to Washington, and put him in prison.[5] Second, in any case, as the disavowal of the convention of April 18 had shown, they did not intend to allow the state governments of the South to resume their regular activities at once, and accordingly the commander of the Department of the South issued orders on May 15, declaring void the proclamation of Joseph E. Brown, “styling himself Governor of Georgia,” and forbidding obedience thereto.[6]

The federal army now took control of the entire state government. Detachments were stationed in all the principal towns and county seats, and the commanders sometimes removed the civil officers and appointed others, sometimes allowed them to remain, subject to their direction. Military orders were issued regarding a wide range of civil affairs, such as school administration, sanitary provisions, the regulation of trade, the fixing of prices at which commodities should be sold, etc.[7] The provost marshal’s courts were further useful, to some extent, as substitutes for the state courts, whose operations were largely interrupted.[8] Directions to the officers of the Department admonished them that “the military authority should sustain, not assume the functions of, civil authority,” except when the latter course was necessary to preserve the peace.[9] This admonition from headquarters, issued after the President’s plan for reinstating Georgia in the Union had been put into operation, reflects his desire for a quick restoration of normal government.

President Johnson announced his policy toward the seceded states in his proclamation of May 29, 1865, regarding North Carolina. By it a provisional governor was appointed for that state, with the duty of making the necessary arrangements for the meeting of a constitutional convention, to be composed of and elected by men who had taken the oath of allegiance prescribed by, the President’s amnesty proclamation of the same date, and who were qualified voters according to the laws of the state in force before the war. The proclamation did not state what the President would require of the convention, but we may mention by way of anticipation that his requirements were the revocation of the ordinance of secession, the construction of a new state government in place of the rebel government, the repudiation of the rebel debt, and the abolition of slavery within the state. The provisional governor was further authorized to do whatever was “necessary and proper to enable [the] loyal people of the state of North Carolina to restore said state to its constitutional relations to the federal government.”[10]For each of the states subdued in 1865, except Virginia, a provisional governor was appointed by a similar proclamation. On June 17, James Johnson, a citizen of Georgia, was appointed to the position in that state.[11] On July 13th, he issued a proclamation providing for the election of the convention. Delegates were distributed on the basis of the legislature of 1860; the first Wednesday in October was set for the election, and the fourth Wednesday in the same month for the meeting of the convention.[12] Next, the provisional governor undertook the task of securing popular support to the programme of restoration. To encourage subscription to the amnesty oath (a prerequisite to voting for delegates to the convention) he removed the disagreeable necessity of taking it before the military authorities by directing the ordinary and the clerk of the Superior Court of each county to administer it.[13] He made many speeches throughout the state urging the citizens to take the amnesty oath, to enter earnestly into the election of the convention, and to submit quietly to the conditions imposed by the President.

His efforts were very successful. This was partly due to the place he held in public estimation. He was a lawyer widely known and universally respected. It was also partly due to the attitude of Governor Brown. Brown, after a confinement of several weeks in prison at Washington, secured an interview with President Johnson, and satisfied the President that his object in calling the legislature was simply public relief, that he had no intention to prolong the war, but calmly submitted to the fact that his side was defeated.[14] This explanation and the spirit displayed were so satisfactory to Johnson that Brown was released, and permitted to return to Georgia. His return, remarked Johnson, “can be turned to good account. He will at once go to work and do all he can in restoring the state.”[15] This prediction proved correct. The war governor of Georgia became the type of those Secessionists who practised and counseled quiet acceptance of the terms imposed by the conqueror, as the most sensible and advantageous course. On June 29th he issued an address to the people of Georgia, resigning the governorship, and advising acquiescence in the abolition of slavery and active participation in the reorganization of the state government according to the President’s wishes.[16] The assumption of this attitude by Brown grieved and offended some of his fellow Secessionists. But the majority shared his opinion. The provisional governor was welcomed, and his speeches approved on all sides.[17] The result was that the convention which met on October 25th was a body distinguished for the reputation and ability of its members.

The convention was called to order by the provisional governor, and chose as permanent chairman Herschel V. Johnson.[18] Then a message from the provisional governor was read, suggesting certain measures of finance and other state business requiring immediate action, suggesting also certain alterations in the state judiciary, but especially pointing out the chief objects of the convention, viz., the passage of those acts requisite for the restoration of the state.[19] These measures the convention quickly proceeded to pass. On October 26th it repealed the ordinance of secession and the ordinance ratifying the Confederate constitution;[20] by paragraph 20 of article I. of the new constitution it abolished slavery in the state; and on November 8th, the last day of the session, it declared the state debt contracted to aid the Confederacy void.[21] The convention provided for a general state election on the following November 15th, and to expedite complete restoration, anticipated the regular work of the legislature by creating congressional districts, in order that Georgia’s representatives might be chosen at that election.[22]

One thing now remained to be done before the President would withdraw federal power and leave the state to its own government, viz., ratification of the Thirteenth Amendment. The legislature elected on November 15th assembled on December 4th.[23] The provisional governor, according to the President’s directions,[24] laid the Thirteenth Amendment before it. The Amendment was ratified on December 9th.[25] After this the provisional governor was relieved, the governor elect was inaugurated (December 14th), and the President sent a courteous message of recognition to the latter.[26]

Thus the President, having reconstructed the state government, had restored Georgia to statehood so far as its internal government was concerned. There remained only the admission of its representatives to Congress to complete the restoration.