The Reconstruction Amendments
AMENDMENT XIII
Passed by Congress January 31, 1865. Ratified December 6, 1865.
Note: A portion of Article IV, section 2, of the Constitution was superseded by the 13th amendment.
Section 1.
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2.
Congress shall have power to enforce this article by appropriate legislation.
AMENDMENT XIV
Passed by Congress June 13, 1866. Ratified July 9, 1868.
Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.
Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 2.
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age,* and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3.
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Section 4.
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebelli ...
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The Reconstruction AmendmentsAMENDMENT XIIIPassed by Congress .docx
1. The Reconstruction Amendments
AMENDMENT XIII
Passed by Congress January 31, 1865. Ratified December 6,
1865.
Note: A portion of Article IV, section 2, of the Constitution was
superseded by the 13th amendment.
Section 1.
Neither slavery nor involuntary servitude, except as a
punishment for crime whereof the party shall have been duly
convicted, shall exist within the United States, or any place
subject to their jurisdiction.
Section 2.
Congress shall have power to enforce this article by appropriate
legislation.
AMENDMENT XIV
Passed by Congress June 13, 1866. Ratified July 9, 1868.
Note: Article I, section 2, of the Constitution was modified by
section 2 of the 14th amendment.
Section 1.
All persons born or naturalized in the United States, and subject
to the jurisdiction thereof, are citizens of the United States and
of the State wherein they reside. No State shall make or enforce
any law which shall abridge the privileges or immunities of
citizens of the United States; nor shall any State deprive any
person of life, liberty, or property, without due process of law;
nor deny to any person within its jurisdiction the equal
protection of the laws.
Section 2.
Representatives shall be apportioned among the several States
according to their respective numbers, counting the whole
number of persons in each State, excluding Indians not taxed.
But when the right to vote at any election for the choice of
electors for President and Vice-President of the United States,
2. Representatives in Congress, the Executive and Judicial officers
of a State, or the members of the Legislature thereof, is denied
to any of the male inhabitants of such State, being twenty-one
years of age,* and citizens of the United States, or in any way
abridged, except for participation in rebellion, or other crime,
the basis of representation therein shall be reduced in the
proportion which the number of such male citizens shall bear to
the whole number of male citizens twenty-one years of age in
such State.
Section 3.
No person shall be a Senator or Representative in Congress, or
elector of President and Vice-President, or hold any office, civil
or military, under the United States, or under any State, who,
having previously taken an oath, as a member of Congress, or as
an officer of the United States, or as a member of any State
legislature, or as an executive or judicial officer of any State, to
support the Constitution of the United States, shall have
engaged in insurrection or rebellion against the same, or given
aid or comfort to the enemies thereof. But Congress may by a
vote of two-thirds of each House, remove such disability.
Section 4.
The validity of the public debt of the United States, authorized
by law, including debts incurred for payment of pensions and
bounties for services in suppressing insurrection or rebellion,
shall not be questioned. But neither the United States nor any
State shall assume or pay any debt or obligation incurred in aid
of insurrection or rebellion against the United States, or any
claim for the loss or emancipation of any slave; but all such
debts, obligations and claims shall be held illegal and void.
Section 5.
The Congress shall have the power to enforce, by appropriate
legislation, the provisions of this article.
*Changed by section 1 of the 26th amendment.
3. AMENDMENT XV
Passed by Congress February 26, 1869. Ratified February 3,
1870.
Section 1.
The right of citizens of the United States to vote shall not be
denied or abridged by the United States or by any State on
account of race, color, or previous condition of servitude--
Section 2.
The Congress shall have the power to enforce this article by
appropriate legislation.
1865-1877
Reconstruction
Physical reconstruction of the South
Constitutional status of the Southern States...did they actually
leave the union?
Status of leading Confederates
Status of the Freedmen
Key Issues of Reconstruction in 1865
Perspective of the White South
Blacks are now free because they are no longer slaves, but still
need to be controlled
Former Slaves Free, but not independent
Mississippi planter Samuel Agnew, “A man may be free and not
yet be independent”
Kentucky newspaper, African Americans “free, but only free to
labor.”
Freedom more than simply not being owned by Whites
4. Means ability to do what White Southerners can do: travel, own
dogs and guns, meet in groups
Restored and Victorian family life
Independent Churches
Education
Vote
Land
Henry Adams, freed slave from Louisiana, “If I cannot do like a
white man, I am not free.”
Differing Ideas of Black Freedom in the South
Perspective of Black South
Emancipation both legitimized and transformed the families of
former slaves.
New laws, and the Civil War pension system brought legal
validation to slave families.
The freedom to travel allowed families to reunite after having
been split-up by slavery.
African American families in the South began to try to emulate
the Victorian era white families: Man head out household, men
and women occupying “separate spheres.”
Men saw it as a badge of honor for their wives not needing to
work, though poverty would undo this.
Emancipation and the Freedman’s Family
Churches
Emancipation brought an end to biracial churches in the South:
African American attendance fell from 42,000 before the Civil
War to 600 in 1876.
African American churches, in addition to places of worship,
served as community centers, social centers, and political
gathering sites.
African American pastors became political actors; 250 would
hold office during Reconstruction.
5. According to a Mississippi Freedman: education was “the next
best thing to liberty.”
In addition to its being denied under slavery and the desire to
read the Bible, Freedmen saw education as the road to economic
and political opportunity
Schools grew by the hundreds across the South after
emancipation founded by Northern Missionary Societies, The
Freedman’s Bureau, and by themselves.
The first “Historically Black Colleges” were also founded.
Growing Institutions in African American Communities
Schools
More than anything Freedmen wanted land.
Land was the road to economic independence.
It also provided an opportunity to establish communities free of
white control.
Many Freedmen felt they had the right the land they had worked
as slaves due to their enslavement.
Freedmen and Land
Industrialization
Wage Worker is noble
Public schools
Small towns
Independent farmers
Free Labor Ideology-The Northern Ideal of Freedom
The Freedman’s Bureau
Created by Congress in 1865 over the veto of President Andrew
Johnson
Led by Civil War Major General O. O. Howard
1,100 agents at peak
6. First “Social Welfare” program in American history
Had 4 primary functions
First, ensure equal treatments for blacks and whites in Southern
Courts
Second, Take over war hospitals from army and open to black
and white civilians in the South
Third, fund education initiatives in South
Fourth, Land Reform- attempted to turn confiscated land over to
former slaves
Disbanded in 1872
The Results of the Failure of Land Reform: The Cycle of
Sharecropping
Moderate/Lincolnite
Restoration, not Reconstruction
Secession illegal, South never left the union, Southern states
must be restored to proper relationship to the rest of the Union
Primary goal restoring the Union as quickly as possible, but
preserving reforms
Wholesale reform of all Southern society not a primary
objective
Southern states left the Union and must be readmitted
White Southerners must be punished for war/treason
Full Black Equality and complete reform of Southern Society on
Northern lines primary goal
Two Perspectives on Reconstruction
Radical Republicans
Andrew Johnson
17th President of the United States
7. Born December 29, 1808 in Raleigh, North Carolina
Raised poor and illiterate
Tailor
Moved to Greenville, Tennessee in 1820s, married, learned to
read
Served in the House of Representatives and as Governor of
Tennessee before becoming Senator in 1857
Democrat, but opponent of Planter class
Only Southern Senator to remain with the Union when his state
seceded, made military Governor of Tennessee as a reward
Named as Lincoln’s VP on Union Ticket of Republicans and
War Democrats in 1864
Endorsed emancipation as war aim, but virulently racist
Stubborn and Quick-tempered
Quick Process
Offered Pardon (restoring all rights and property, except slaves)
to all Southerners who took an oath of allegiance worth less
than $200,000
Granted individual pardons to most of the rest over the coming
months
Appointed provisional governors tasked with forming all-white
state conventions to draft new Constitutions, required to abolish
slavery, repudiate secession ,and refuse to pay rebel debt.
All completed before Congress sits in December, 1865
Presidential Reconstruction
Rights Protected
Marriage
Ownership of Property
Limited Access to the Courts
Could not testify against Whites
Could not serve on juries
8. Could not serve in state militias
No votes.
Blacks must sign yearly labor contracts with planters or face
arrest and be hired out to whites
Some states limited the occupations Blacks could engage in
Some states barred them from owning land
Some states granted judges the power to order black children to
work for former owners without parental consent.
Presidential Reconstruction and Race: Black Codes
Restrictions on Black Life
Senator Charles Sumner of Massachusetts
Leading Congressional Radical Republicans
Representative Thaddeus Stevens of Pennsylvania
Embrace of National Power to remake the South in the vision of
the North and end racial inequality
Senator Charles Sumner: The same national authority that
destroyed slavery must see that this other pretension is not
permitted to survive.”
Representative Thaddeus Stevens: “The whole fabric of
southern society must be changed. Without this, this
Government can never be, as it has never been, a true republic.”
Radical Republicans were powerful, but most Republicans were
moderates, not Radicals
Radical Republicans and the South
All persons born in the United States as citizens
Equal protection of persons and property
Right to Make Contracts Protected
9. Right to Bring Lawsuits
Full Access to Courts
Voting Rights not included
Parallel legislation attempted to extend the Freedman’s Bureau
Johnson vetoed both bills arguing it interfered with state
sovereignty and that African-Americas did not deserve
citizenship
Civil Rights bill veto overridden and the Freedman’s Bureau
extended later in the year
The Moderate Moment:
Civil Rights Act of 1866
Section 1. All persons born or naturalized in the United States,
and subject to the jurisdiction thereof, are citizens of the United
States and of the State wherein they reside. No State shall make
or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any State
deprive any person of life, liberty, or property, without due
process of law; nor deny to any person within its jurisdiction
the equal protection of the laws.
Section 2. Representatives shall be apportioned among the
several States according to their respective numbers, counting
the whole number of persons in each State, excluding Indians
not taxed. But when the right to vote at any election for the
choice of electors for President and Vice President of the
United States, Representatives in Congress, the Executive and
Judicial officers of a State, or the members of the Legislature
thereof, is denied to any of the male inhabitants of such State,
being twenty-one years of age, and citizens of the United States,
or in any way abridged, except for participation in rebellion, or
other crime, the basis of representation therein shall be reduced
in the proportion which the number of such male citizens shall
bear to the whole number of male citizens twenty-one years of
age in such State.
Section 3. No person shall be a Senator or Representative in
10. Congress, or elector of President and Vice President, or hold
any office, civil or military, under the United States, or under
any State, who, having previously taken an oath, as a member of
Congress, or as an officer of the United States, or as a member
of any State legislature, or as an executive or judicial officer of
any State, to support the Constitution of the United States, shall
have engaged in insurrection or rebellion against the same, or
given aid or comfort to the enemies thereof. But Congress may,
by a vote of two-thirds of each House, remove such disability.
Section 4. The validity of the public debt of the United States,
authorized by law, including debts incurred for payment of
pensions and bounties for services in suppressing insurrection
or rebellion, shall not be questioned. But neither the United
States nor any State shall assume or pay any debt or obligation
incurred in aid of insurrection or rebellion against the United
States, or any claim for the loss or emancipation of any slave;
but all such debts, obligations and claims shall be held illegal
and void.
Section 5. The Congress shall have power to enforce, by
appropriate legislation, the provisions of this article.
The Fourteenth Amendment
State Governments formed under “Presidential Reconstruction”
are abolished
South divided into 5 military districts
New state constitutions and governments formed with full Black
participation
Southern States could not be readmitted until they ratify the
14th Amendment
The Reconstruction Acts of 1867-1868
Radical Reconstruction: Military Occupation
11. Impeachment of President Johnson
Controversy around Secretary of War Edwin Stanton
Tenure of Office Act
Congress and Stanton trying to keep President Johnson out of
Reconstruction Policy
Johnson, trying to stay within Tenure of Office Act fired
Stanton when Congress out of Session in August 1867
Congress refused to concur and Johnson refused to acknowledge
concurrence
Led to Impeachment in February 1868 and trial in March
11 Articles of Impeachment
Vote 35-19, one short to convict, 7 Republicans voted to acquit.
Former General Ulysses S. Grant of Illinois
The Republican Ticket-1868
Speaker of the House Schuyler Colfax of Indiana
Former Governor Horatio Seymour of New York
The Democratic Ticket-1868
Former General Francis P. Blair of Missouri
“Waving the Bloody Shirt”
12. “Waving the Bloody Shirt”
Race and the 1868 Presidential Election
1868 Presidential Election
United States House of Representatives
1868 Congressional Election
United States Senate
Seats Republican Democrat Conservative 171 67 5
Seats Republican Democrat 62 12
Section 1. The right of citizens of the United States to vote
shall not be denied or abridged by the United States or by any
State on account of race, color, or previous condition of
servitude.
Section 2. The Congress shall have power to enforce this article
by appropriate legislation
The Fifteenth Amendment
Free public education funded by state
New penitentiaries
Orphan asylums
Homes for insane
13. Political and civil rights
Ended whipping
Ended property qualification for holding office
Ended imprisonment for debt.
Reforms in Southern Reconstruction Constitutions
Senator Hiram Revels (1870-1871)
African–American Senators from Mississippi
Senator Blanche K. Bruce (1875-1881)
Governor Pinckney B. S. Pinchback of Louisiana (December
1872-January 1873)
Adelbert Ames: A Carpetbagger
Born October 31, 1835 in Maine
Graduate of West Point
Served in both Regular Army and Volunteers in the Civil War
Served as Military Governor, Senator, and Elected Governor of
Mississippi until 1876 when Mississippi was “redeemed”
James Longstreet
Scalawags
James Lusk Alcorn
14. First free public school systems in the South
Civil Rights legislation preventing discrimination in “public
accommodations”
Ensured sharecroppers had first right to crop, before bankers
SC Land reform
Attempted Economic Development
Attempted to purge law codes of racism
Accomplishments of Southern Republicans during
Reconstruction
The Southern White View of Reconstruction Governance
The First Ku Klux Klan
Founded in 1866
Decentralized
Run by white Southern elite
Dominated by Confederate veterans
Targeted black and white Republicans with terrorism and local
uprisings
Violence out of hand by 1870 leading to the Enforcement Acts
and Grant sending in troops in 1872
Movement that emerged in 1872 that was critical of the
corruption in the Grant administration, the increasing power of
the Federal Government due to Reconstruction, and a desire to
move on from the issues of Reconstruction.
Democrats, unhappily aligned with them in 1872.
Liberal Republicans
15. Horace Greeley
The Liberal Republican Ticket-1872
Former Senator B. Gratz Brown of Missouri
President Ulysses S. Grant of Illinois
The Republican Ticket-1872
Senator Henry Wilson of Massachusetts
“What I Know About Horace Greeley”
“Birds of a Feather”
Clasping Hands over Union Dead
Clasp Hands Over Andersonville
1872 Presidential Election
United States House of Representatives
1872 Congressional Election
16. United States Senate
Seats Republican Democrat Independent 199 88 5
Seats Republican Democrat Liberal Republican 47 19
7
May 1873: Vienna Stock Exchange collapsed (due to a number
of factors, mostly dealing with problems concerning internal
issues of Austria-Hungary and the unification of Germany)
Congress also passed the Coinage Act of 1873 that Spring
demonetizing silver, causing deflation in the economy and
constricting the money supply and driving up interest rates
September 1873: Jay Cooke and Company, a pillar of the
American banking establishment, collapsed because it couldn’t
sell millions of dollars in bonds of the Northern Pacific
Railroad
This caused a financial panic that forced the New York Stock
Exchange to close for ten days.
What followed was the longest continued economic contraction
in American history, it will not hit bottom until 1878.
The massive economic contraction shifted northern focus away
from Reconstruction to economic issues and class issues and
damaged Republicans electorally.
The Panic of 1873
United States House of Representatives
1874 Congressional Election
United States Senate
Seats Republican Democrat Independent 103 182 8
17. Seats Republican Democrat Independent Republican 46
28 1
Slaughterhouse Cases (1873)Butchers who were denied access
to a state-sponsored monopoly in LA sued under the 14th
Amendment. Court rejected their claim saying the 14th
Amendment doesn’t alter traditional Federalism
US v. Cruikshank (1876)- guts the Enforcement Acts and
dismisses the convictions of some involved in the Colfax
Massacre of 1873
Civil Rights Act of 1875 declared Unconstitutional in 1883
Supreme Court Retreat from Reconstruction
“Redemption”
Governor Rutherford B. Hayes of Ohio
The Republican Ticket-1876
Representative William A. Wheeler of New York
Governor Samuel J. Tilden of New York
The Democratic Ticket-1876
Governor Thomas A. Hendricks of Indiana
1876 Presidential Election
18. Hayes Agrees
To recognize Democratic control of entire South and not
interfere in local affairs.
To appoint a Southerner as Postmaster General.
To fight for Federal Aid for Texas and Pacific Railroad
(southern transcontinental route).
Not to block Hayes’s path to office.
To respect Civil and Political rights of Blacks.
The “Compromise of 1877”
Democrats Agree