previous next
[57]

Chapter 7:

Congressional Reconstruction.

at the South Johnson's efforts prevailed. Although every Northern State had promptly ratified the Constitutional amendment, yet under Presidential pressure, persuasion, and advice, every Southern State rejected it.

When this result became known Grant's predictions were speedily verified. Congress at once determined that the recusant States should return under very different conditions from those at first proposed. The whole territory that had revolted was divided into five military districts, and military rule was declared supreme in each. Commanders were to be appointed, with power and duty to protect all persons at the South, to suppress insurrection and disorder, and to punish all disturbers of the peace and criminals. These commanders were expressly authorized to supersede the civil courts by military tribunals, and all civil or State government whatever was declared provisional and subject to the paramount authority of the United States. This military rule was to continue till the colored population was allowed to vote, and the amendment already rejected should be ratified. Then, and not till then, would the seceded States be admitted to their former position in the Union, and the stern provisions now enacted be annulled. This measure passed both houses of Congress in March, 1867, by large majorities over the President's veto.

Grant was at this time completely in accord with the Legislature. The change in his opinion and in his feeling [58] had been brought about not only by his deference to the decision of the North, and his indignation at the chicanery of Johnson, but in a great degree by the action of the Southerners themselves. The President's course had aroused a temper at the South which Grant believed dangerous to the safety of the country. Acts had been committed and a disposition manifested which he considered should be repressed by stringent means. The population that had been subdued, he thought, was excited again. The reports from his subordinates assured him that the Union people at the South were not safe without Northern over-rule, that the blacks were massacred, in short that the results he had fought to secure were endangered; and believing as he now did that the clemency extended to the conquered had been abused, he approved of restraining those who had shown themselves unworthy of milder treatment. He agreed fully with Congress that the only practical means of securing what had been won in the field was in the extension of the suffrage to the freedmen.

Abstractly he did not favor this step, but he looked upon it, as he had regarded emancipation during the war, as rendered necessary by events. He was not a man much governed by sentiment, or apt to be led away by theories; he saw the unfitness of the freedmen at this time for the ballot; he recognized the danger of admitting them to the suffrage; but he felt that this danger was less than that of allowing those who had been the nation's enemies to return untrammelled to their former position, to provoke new dissensions and possibly arouse another war. He was gradually brought to the conviction that in order to secure the Union which he desired and which the Northern people had fought for, a voting population at the South friendly to the Union was indispensable, and that until the South was willing to concede the ballot to the blacks, it must be kept under military rule. The process of conversion was slow, and the convert unwilling—but [59] when once he accepted the new faith, he remained firm.

Six weeks before the passage of the reconstruction measures he wrote to General Howard, at that time in command of the Freedmen's Bureau:

[Confidential.]

headquarters armies of the United States, Washington, January 18, 1867.
dear General,—Will you be kind enough to send me a list of authenticated cases of murder and other violence upon freedmen, Northern or other Union men, refugees, etc., in the Southern States for the last six months or a year. My object in this is to make a report showing that the courts in the States excluded from Congress afford no security to life or property of the classes here referred to, and to recommend that martial law be declared over such districts as do not afford the proper protection.

Yours truly,

U. S. Grant, General. To General O. O. Howard, Comg. Freedmen's Bureau, etc.

On the 4th of March, two days after the passage of the Reconstruction bill, he wrote to his intimate friend Washburne, who was then abroad:

. . . Reconstruction measures have passed both houses of Congress over one of the most ridiculous veto messages that ever emanated from any President. Jerry Black is supposed to be the author of it. He has been about Washington for some time, and I am told has been a great deal about the White House. It is a fitting end to all our controversy (I believe this last measure to be a solution, unless the President proves an obstruction), that the man who tried to prove at the beginning of our domestic difficulties that the nation had no constitutional power to save itself, is now trying to prove that the nation has not now the power, after a victory, to demand security for the future. . .

Do not show what I have said on political matters to any [60] one. It is not proper that a subordinate should criticise the acts of his superiors in a public manner. I rely upon our personal relations, however, to speak to you freely as I feel upon all matters.

Grant's apprehensions in regard to the President were well founded. No sooner did the subordinate commanders begin in good faith to carry out the law than the Administration intervened to thwart them. Sheridan, who was in command at New Orleans, found it necessary to remove certain civil officers, and immediately Johnson claimed that district commanders had no power under the law to make such removals. In this he was supported by his Attorney-General. Grant telegraphed to Sheridan, approving his course, but advised that he should make no further removals unless they were indispensable. He was firmly of the opinion that the right existed, but was anxious to avoid a direct conflict between the President and the district commanders. A letter to Sheridan of the 5th of April, 1867, shows his anxiety to carry out the policy that Congress and the people had determined on; and yet to act with caution and subordination:

[Confidential.]

my dear General,—When I telegraphed you a few days ago advising non-action for a while in the matter of further removals from office under the authority of the reconstruction act, it was because I knew that the Attorney-General had taken the ground that the bill gives no such authority to district commanders. He is probably preparing an opinion to this effect. The fact is there is decided hostility to the whole Congressional plan of reconstruction at the White House, and a disposition to remove you from the command you now have. Both the Secretary of War and myself will oppose any such move, as well as the mass of the people. In the course you have pursued you are supported by more than party. I thought it well, however, to advise you against further removals, if you can get along without [61] making them, until we see the opinion which is probably preparing. There is nothing clearer to my mind than that Congress intended to give District Commanders entire control over the civil government of these districts, for a specific purpose, and only recognized present civil authorities within these districts at all, for the convenience of their commanders, to make use of, or so much of as suited them, and as would aid them in carrying out the Congressional plan of restoring loyal, permanent governments. . . . One thing is certain: the law contemplates that District Commanders shall be their own judges of the meaning of its provisions. They are responsible to the country for its faithful execution. Any opinion from the Attorney-General should be duly weighed, however. The power of removing District Commanders undoubtedly exists with the President, but no officer is going to be hurt by a faithful performance of his duty. My advice to you is that you make no more removals than you find absolutely necessary. That you make none whatever except it be for the grossest disregard of the law and your authority, until you see what decisions are to be made. That then you make up your mind fully as to the proper course to pursue, and pursue it, without fear, and take the consequences. I would not advise you to any course that I would not pursue myself, under like circumstances, nor do I believe that I advise against your own inclinations. I will keep you advised officially or otherwise of all that affects you. I think it will be well for you to send me a statement of your reasons for removing Herron, Abell, and Monroe. It may not be called for, but twice the question has been asked why you removed them.


This letter marks what to me was a new development in Grant's character. He was becoming accustomed to the wiles that he found he must fight, and at this period displayed a greater degree of adroitness than I often noticed in him, before or afterward. The skill with which he points out to Sheridan how to avoid a premature conflict with the Executive; the nice point he makes that though the Attorney-General's opinion is entitled to weight, commanders are their own judges of the law and responsible to the country; [62] the prevision with which he asks for a statement of Sheridan's reasons, so as to be ready to meet a hostile demand, are all worthy of an experienced politician. The fact is that Grant was a close observer and an apt scholar; his experience with Andrew Johnson taught him that frankness with such an opponent was giving away the game, and he never liked to be beaten. He was always good at cards, and had learned to avoid showing his hand. I have heard men say that Grant was the profoundest dissembler of his time. I cannot concur in the opinion; nevertheless, though he never pretended, he concealed, or withheld, a great deal from friends as well as foes. He did not furnish a copy of this letter to Mr. Johnson.

At the same time that he wrote to Sheridan he sent the following letter to Washburne:

Everything is getting on well here now under the Congressional Reconstruction bill, and all will be well if Administration and Copperhead influence do not defeat the objects of that measure. So far there has been no absolute interference with the acts of district commanders, all of whom are carrying out the measures of Congress according to the spirit of their acts, but much dissatisfaction has been expressed at Sheridan's removal of the New Orleans civil officers. Sheridan has given public satisfaction, however. In his present capacity he shows himself the same fearless, true man he did in the field. He makes no mistakes.

I see no possible chance of getting abroad this year. I am not egotistical enough to suppose that my duties cannot be performed by others just as well as myself, but Congress has made it my duty to perform certain offices, and whilst there is an antagonism between the Executive and the legislative branches of the Government, I feel the same obligation to stand at my post that I did whilst there were rebel armies in the field to contend with . . .

During the contest between the President and Congress an incident occurred that illustrates one of the traits of Grant little known to the world at large—his regard for the [63] feelings of those whom he cared for. I was not converted so soon as he to the belief that harsh measures were necessary in the treatment of the South; and he was always willing to listen to the opinions of those about him on important affairs. I recollect discussing the situation with several other officers in his presence, and maintaining my views with fervor though they were contrary to his own. The controversy became excited, and Grant himself took part. At last he exclaimed: ‘Why, Badeau, I believe you are a Copperhead.’ I felt the blood mount to my forehead at the taunt, so unusual from him, and could hardly speak for a moment. Then I stammered that I thought my past might have saved me that reproach, at least from the head of the army. But the words were only half spoken when he interrupted, and retracted what he had said, with tones and glances that repaid me for all the pain he had inflicted. All that day he took care in a hundred little ways to do me kindnesses and to show that he was striving to make amends. For this stubborn, silent soldier was as considerate for the sensitiveness of a friend as ever he was anxious for the welfare of the State or for victory over a rebellious enemy.

General Sherman to General Badeau.

headquarters Army of the United States, Washington, D. C., Feb. 12, 1882.
dear Badeau,—. . . I rather like the idea of your preparing a History of Reconstruction; only it seems to me that it will be a tight squeeze to get all the essential facts into a small volume of the size of Scribner. It will be better to collect the materials and allow the size to result from them. Reconstruction was a corollary of the war, and forms a continuation of the subject-matter of your past work, and it so happens that your Hero in war was Leader in the Reconstruction. So I see no reason why it should not form a fourth volume.1

In whatever you may undertake you have my best wishes.

Truly your friend,


1 Extract from letter in fac simile, page 589.

Creative Commons License
This work is licensed under a Creative Commons Attribution-ShareAlike 3.0 United States License.

An XML version of this text is available for download, with the additional restriction that you offer Perseus any modifications you make. Perseus provides credit for all accepted changes, storing new additions in a versioning system.

hide Places (automatically extracted)

View a map of the most frequently mentioned places in this document.

Sort places alphabetically, as they appear on the page, by frequency
Click on a place to search for it in this document.
United States (United States) (2)
Washington (United States) (1)

Download Pleiades ancient places geospacial dataset for this text.

hide People (automatically extracted)
Sort people alphabetically, as they appear on the page, by frequency
Click on a person to search for him/her in this document.
U. S. Grant (10)
P. H. Sheridan (8)
Andrew Johnson (4)
Adam Badeau (3)
Elihu B. Washburne (2)
W. T. Sherman (2)
O. O. Howard (2)
Scribner (1)
Monroe (1)
Herron (1)
Ulysses S. Grant (1)
Comg (1)
Abell (1)
hide Dates (automatically extracted)
Sort dates alphabetically, as they appear on the page, by frequency
Click on a date to search for it in this document.
February 12th, 1882 AD (1)
April 5th, 1867 AD (1)
March, 1867 AD (1)
January 18th, 1867 AD (1)
March 4th (1)
hide Display Preferences
Greek Display:
Arabic Display:
View by Default:
Browse Bar: