CHAPTER XII.

RECONSTRUCTION IN MISSISSIPPI.

THE RECONSTRUCTION ACTS, THEIR DEFINITION, AND HOW THEY OPERATED.

N August, 1866, a convention to promote the restoration

war, was held at Philadelphia. Addressing a committee of that convention, communicating its proceedings, President Andrew Johnson, describing the pending Reconstruction Acts, said: "We have seen this Congress pretend to be for the Union, when its every step and act tended to perpetuate disunion and make a disruption of the States inevitable. Instead of promoting restoration and harmony, its legislation has partaken of the character of penalties, retaliation and revenge." In his message of March 2d, 1867, vetoing a bill "to provide for the more efficient government of the rebel States," he described it as a measure not only violative of the Constitution of the United States, but "utterly destructive of those great principles of liberty and humanity for which our ancestors on both sides of the Atlantic have shed so much blood and expended so much treasure." Demonstrating the accuracy of this characterization, he said that the governments provided by the measure "closely resembled" those which had been tried in Hungary, Poland and Ireland, and inflicted suffering which "roused the sympathies of the entire world." These declarations cannot be discredited as the testimony of a witness biased toward the Southern people. Andrew Johnson had given the strongest proof of his opposition to their course. A Southern man by birth and training, and once a trusted leader of the Southern Democracy, he had forsworn his allegiance to his own people, abandoned them, attached

21

321

himself to the Republican party, a Northern sectional organization, and had been elevated to the Presidency by virtue of the office of Vice-President, to which he was elected on the Republican ticket, as the associate of Abraham Lincoln. He had commended himself to the favor of that party by his violent denunciation of the policy of secession, and by his speeches "breathing threatenings and slaughter" against the Southern people.

Pretermitting a discussion of the causes which led to the war between the states, the object of this paper is to show that the plan of reconstruction devised and enforced by the Republican party, and characterized as unconstitutional, vindictive and despotic by President Johnson, one of its chosen apostles, was not justified by the end which it professed to seek in waging war against the Southern States, and was without a single palliating circumstance. The writer speaks especially for Mississippi, whose cause, however, was similar to that of her sister Confederate States. The inquiry arises, What was the motive assigned by the Congress of the United States in making war against the Southern States? It is answered by a resolution which passed Congress in July, 1861, declaratory of the objects of the war, as follows::

"Resolved," etc.,. that this war is not waged upon our part in any spirit of oppression, nor for any purpose of conquest or subjugation, nor purpose of overthrowing or interfering with rights or established institutions of those States, but to defend and maintain the supremacy of the Constitution, and to preserve the Union with all the dignity, equality and rights of the several States unimpaired," etc., etc. The evidence is incontrovertible that the purpose here set forth was practically attained when, overwhelmed by the superior military resources of the United States Government, the armies of the Confederate States surrendered after a long and unequal contest and their government was dissolved.

MISSISSIPPI'S PROMPT ACQUIESCENCE.

Immediately upon the surrender of the southern armies, the Governor of Mississippi, Hon. Charles Clarke, issued his

proclamation convening the Legislature for the avowed purpose of recognizing the authority of the United States, and restoring the State to harmonious relations to that government. His prompt action meant the sanction by Mississippi of the amendment to the Constitution of the United States abolishing slavery; the enforcement of legislation consistent with this organic change in the institution of the State; the election of Senators and Representatives, and all other acts essential to the complete restoration of the State to the Union. As soon as the Legislature assembled to carry out this purpose, it was dissolved by the edict of a military commander. The Governor, when in the very act of co-operating with it for this avowed object, was arrested and carried under military escort to prison in a distant state. If it was truthfully declared in the resolution above quoted that the war was prosecuted "to preserve the Union with all the dignity, equality and rights of the States unimpaired," the removal of the Governor, and the dispersion of the Legislature while in the act of complying with the requirement of the government, was unnecessary and absolutely despotic. A striking proof of the inconsistency of President Johnson is that the order for this arbitrary proceeding emanated from him as commander-in-chief of the Army and Navy of the United States. It will be remembered that in his message of March 2d, 1867, he stated that Mississippi (in common with the other seceding States) “had an actual government with all the powers, executive, judicial and legislative, which belonged to a free state." The machinery for managing their domestic concerns has never been disturbed. Their subsequent action during his administration served to bring forth in bold relief the patient endurance of the people of the State, and a perfect good faith of their declared intention to restore it to the Union. Setting aside the quick and ready plan already adopted by them, President Johnson appointed Hon. W. L. Sharkey, the most prominent of the original Union men in the state, Provisional Governor. Acting in obedience to the order of the President, Governor Sharkey on July 1st, 1865, issued his proclamation stating that he had been commissioned as Provisional Governor" for the purpose of enabling the loyal people of the state to organ

be

ize a state government;" and to accomplish this object he had been directed "at the earliest practicable period to prescribe such rules and regulations as may be necessary and proper for convening a convention of delegates to be chosen by that portion of the people of the State who are loyal to the United States, and none others, for the purpose of altering or amending the Constitution thereof so that the State may able to resume its place in the Union." The Provisional Governor in order to expedite the restoration of the State to the Union, continued in the discharge of their functions the local and county officers who were in office when the armies of the Confederacy surrendered, reserving the authority, however, to remove such incumbents as were "not loyal to the government of the United States." He earnestly invoked loyal citizens to give timely information in regard to any officer obnoxious to the serious objection" of disloyalty. In this proclamation, Governor Sharkey said "the negroes are free, free by the fortunes of war, free by common consent, free practically as well as theoretically, and it is too late to raise a technical question as to the means by which they became so;" that "the paramount duty before us, was the business of improving our government, if it should be found to need it, and of promoting reconciliation between the Northern and Southern people." The convention which assembled in obedience to this call, was composed almost exclusively of

66

ORIGINAL UNION MEN

-" of gentlemen," to borrow the language of one of its prominent members, "who held opinions directly the opposite of those of Mr. Jefferson Davis." The convention adhered strictly to the line of policy indicated by the Governor; and its presiding officer at the conclusion of its business, in his valedictory said, that it "had acted with a determined purpose to cherish to the last day of our generation, and hand down to our children to protect and cherish forever the Constitution and the Union of the States." The convention besides framing an organic law adapted to the changed condition of the State, provided, also, for the election of State officers, members of a

Legislature soon to be assembled, and of Senators and Representatives in Congress. The civil and military leaders who had been prominent in the secession movement, either betook themselves, or were sent, to the rear; but candor requires that it should be stated that this disposition of them was not due to the belief of any considerable number of the people that they should be put under the ban. It was in accord with the eternal fitness of things, and a concession to what was understood to be the predominating Northern idea that the execution of the plan of restoring the state to the Union should be confided to those who had opposed secession. In answering the summons to come unto the marriage, the people aimed to present themselves in a garb suited to the occasion, and to furnish no excuse for their rejection.

THE CONCURRENT TESTIMONY OF PRESIDENT JOHNSON AND GENERAL GRANT.

President Johnson signalized the event by a message to Congress, December 5, 1865, stating that "the rebellion" (his language not mine) "had been suppressed; that the United States are in possession of every State in which the insurrection had existed; and that so far as could be done the courts of the United States had been restored; post-offices had been re-established, and steps taken to put into effective operation the revenue laws of the country." He said that "the Southern States,' (naming Mississippi among them) "have re-organized their respective State Governments, and are yielding obedience to the laws and Government of the United States with more willingness and greater promptitude than under the circumstances could reasonably have been anticipated; the amendment abolishing slavery had been ratified, and that measures had been adopted, or are now pending, to confer upon the freedmen, the rights and privileges which are essential to their comfort, security and protection." His message was supplemented by a report from General Grant who had been directed to make a tour of inspection through the Southern States. In this report, dated December, 1865, General Grant said: "With the approval of the President and