The Life, Public Services and Select Speeches of Rutherford B. Hayes Part 16

At the session of Congress of 1865-66, the president, finding that his co-called State governments in the rebel States--created by military power alone and without the sanction of the legislative power of the government--had accepted his conditions; insisted that those States were fully restored to their former proper relations with the general government, and that they were again ent.i.tled to representation in the same manner with the loyal States. This plan accorded with the wishes of all unrepentant rebels, and as a matter of course received the support of their allies of the Peace Democracy.

The Union party, at the sacrifice of all of the power and patronage of the administration they had elected, firmly opposed and finally defeated this project. They required, before the complete restoration of the rebel States, that the fourteenth amendment of the const.i.tution should be adopted, which was framed to secure civil rights to the colored people, equal representation between the free States and the former slave States, the disqualification for office of leading rebels, the payment of the loyal obligations to creditors, to maimed soldiers, and to widows and orphans, and the repudiation of the rebel debt, and of claims to payment for slaves. On the adoption of this amendment turned the elections of 1866. After the amplest debates before the people the Union party carried the country in favor of the amendment, electing more than three-fourths of the members of the House of Representatives. They also secured the adoption of the amendment in twenty-one out of the twenty-four States now represented, which have acted upon it by an average vote in the State legislature of more than four to one.

In striking contrast with this was the action of the rebel States.

Tennessee alone ratified the amendment. The other ten promptly and defiantly rejected it by an average majority in their State legislatures of more than fifty to one. When, therefore, the Thirty-ninth Congress met in the session of 1866-67 they found the work of reconstruction in those ten States still unaccomplished.

Now, in what condition were those ten rebel States? In the first place all political power in those States was in the hands of rebels, and for the most part of leading and unrepentant rebels.

Their governors, their members of legislature, their judges, their county and city officers, and their members of Congress, with rare exceptions, were rebels. Such was their political condition.

What was their condition with respect to the preservation of order, the suppression of crime, and the redress of private grievances?

After the suppression of the rebellion the next plain duty of the National government was to see that the lives, liberty, and property of all cla.s.ses of citizens were secure, and especially to see that the loyal white and colored citizens who resided or might sojourn in those States did not suffer injustice, oppression, or outrage because of their loyalty. Loyal men, without distinction of race or color, were clearly ent.i.tled to the full measure of protection usually found in civilized countries, if in the nature of things it was possible for the Nation to furnish it.

Inquiring as to the condition of things in the South, I waive the uniform current of information derived from the press and other unofficial sources from all parts of the South, and rely exclusively on the official reports of army officers like Grant, Thomas, Sheridan, and Howard--officers of clear heads, of strong sense, and of spotless integrity, whose business it is to know the facts, and who all united in warning the Nation that Union men, either white or colored, were not safe in the South.

General Grant says that the cla.s.s at the South who "will acknowledge no law but force" is sufficiently formidable to justify the military occupation of that territory.

General Sheridan, in an official report, says the "trial of a white man for the murder of a freedman in Texas would be a farce; and, in making this statement, I make it because truth compels me, and for no other reason.... Over the killing of many freedmen nothing is done." General Sheridan cites cases in which our National soldiers wearing the uniform of the Republic have been deliberately shot "without provocation" by citizens, and the grand jury refused to find a bill against the murderers. Even in Virginia, General Schofield was compelled to resort to a military tribunal because "a gentleman" who shot a negro dead in cold blood "was instantly acquitted by one of the civil courts."

General Ord reports in Arkansas fifty-two murders of freed persons by white men in the past three or four months, _and no reports have been received that the murderers have been imprisoned or punished_.... "The number of murders reported is not half the number committed."

General Sickles says that in South Carolina, "in certain counties, such as Newberry, Edgecombe, and Laurens, so much countenance was given to outrages on freedmen by the indifference of the civil authorities and by the population, who made themselves accomplices in the crimes, that other measures became necessary."

In Mississippi, General Thomas calls attention to the legislation in regard to colored people. "It is oppressive, unjust, and unconst.i.tutional." The laws as to buying real estate, bearing arms, making contracts, and the like, are of such a character "that the const.i.tutional gift of freedom is not much more than a name."

General Sheridan, speaking of Louisiana, says: "Homicides are frequent in some localities. Sometimes they are investigated by a coroner's jury, which justifies the act and releases the perpetrator; in other cases, ... the parties are held to bail in a nominal sum; but the trial of a white man for the killing of a freedman can, in the existing state of society in this State, be nothing more or less than a farce."

General Thomas, in February last, in relation to the display of the rebel flag in Rome, Georgia, said: "The sole cause of this and similar offenses lies in the fact that certain citizens of Rome, and a portion of the people of the States lately in rebellion, do not and have not accepted the situation, and that is that the late civil war was a rebellion, and history will so record it....

Everywhere in the States lately in rebellion treason is respectable and loyalty odious. This the people of the United States who ended the rebellion and saved the country will not permit; and all attempts to maintain this unnatural order of things will be met by decided disapproval."

Upon these official reports, showing not merely that atrocious crimes were everywhere committed against loyal people, but that the civil authorities did not even attempt to prevent them by the punishment of the perpetrators, it became the plain duty of Congress to adopt measures "to enforce peace and good order in the rebel States, until loyal and Republican State governments could be legally established." How well this duty was performed will appear from a brief examination of the reconstruction acts which were pa.s.sed by Congress in March last, and by the auspicious results which followed their adoption and execution.

By these acts, the ten rebel States were divided into five military districts, subject to the military authority of the United States; and it was made the duty of the president to a.s.sign military officers, not below the rank of brigadier-general, to command each of said districts, and to detail a sufficient military force to enable such officers to perform their duties. The duties of military commanders were defined as follows, in the 3d section of the act:

"Sec. 3. _And be it further enacted_, That it shall be the duty of each officer a.s.signed as aforesaid, to protect all persons in their rights of person and property, to suppress insurrection, disorder, and violence, and to punish, or cause to be punished, all disturbers of the public peace and criminals; and to this end he may allow local civil tribunals to take jurisdiction of and to try offenders; or when, in his judgment, it may be necessary for the trial of offenders, he shall have power to organize military commissions or tribunals for that purpose; and all interference, under color of State authority, with the exercise of military authority under this act shall be null and void."

The act also sets forth the manner in which the people of any one of the rebel States could form a State const.i.tution, and the terms on which the State would be fully restored to proper relations with the Union. The most important provisions are those relating to the qualifications of voters, and the one requiring the adoption of the amendment to the const.i.tution proposed by the Thirty-ninth Congress, known as article fourteen. The right of suffrage is given to all men of suitable age and residence, without distinction of race or color, except a limited number who are excluded for partic.i.p.ation in the rebellion.

In pursuance of these acts, the district of Louisiana and Texas was placed under the command of General Sheridan; Arkansas and Mississippi under General Ord; Alabama, Georgia, and Florida under General Pope; North Carolina and South Carolina under General Sickles; and Virginia under General Schofield. The merits of this plan are obvious.

1. It places the rebels again under the control of the power which conquered them, and of the very officers to whom they surrendered.

2. It is well calculated to afford protection to all loyal people, white or colored, against those who would oppress or injure them on account of their loyalty.

3. It places the new State governments of the South upon the solid basis of justice and equal rights.

This plan received in Congress the support of many members of Congress who did not uniformly vote with the Union party, and was acceptable to some of its most distinguished adversaries. In the Senate, Reverdy Johnson, a Maryland Democrat, voted for it, and made effective speeches in its support. The loyal press of the North, without exception, upheld it.

In the South, its success was everywhere gratifying and unexampled.

Its enemies had said that it would organize anarchy in the rebel States--that it would immediately inaugurate a war of races between whites and blacks--and compared the condition of the South under it to the condition of India under English oppression, and to Hungary under the despotism of Austria.

But the course of the public press, and the conduct, the letters, and speeches of public men in the rebel States, vindicated the wisdom and justice of the measure. I will quote only from rebel sources.

In Virginia, the Charlottesville _Chronicle_ addressed its readers as follows:

"FOR WHITE FOLKS AND COLORED FOLKS.--Every colored person may now go where and when he pleases. He is a free man and a full citizen.

This is not all; by another bound they have become voters. They will take part in the government of the country. No people was ever so suddenly, so rapidly lifted up.

"Shall we all live happily together, or shall we hate each other, and quarrel and bear malice?

"Let us all try and get on together. The land is big enough. Let the whites accommodate themselves to the new state of things. Let them be polite and kind to all, and be always ready to accord to every man, whether white or colored, his full rights. We make bold to say that the behavior of the colored people of this State, since they were set free, has surprised all fair-minded white people. We do not believe the white people, under the same circ.u.mstances, would have behaved so well by twenty per cent. They have shown the greatest moderation. They have pa.s.sed from plantation hands to freedom and the ballot without outward excitement."

The Richmond _Examiner_, the organ of the fire-eaters, says of the colored people:

"This cla.s.s of our population, as a general thing, manifest a disposition to prepare themselves for the altered political condition in which the events of the past two years have placed them. The sudden abolition of slavery did not, as most persons expected, turn their heads. They have been, in the main, orderly and well behaved. They have not presumed upon their newly-acquired freedom to commit breaches of the peace or to be guilty of any acts calculated to sow dissension between the two races. The utmost good feeling is felt by the white people of this city toward the negroes. There is not one particle of bitterness felt for them."

In South Carolina, Wade Hampton addressed a mixed a.s.sembly of whites and colored people at Columbia, in which he quoted from a former speech to his old soldiers:

"There is one other point on which there should be no misunderstanding as to our position--no loop on which to hang a possible misconstruction as to our views--and that is the abolition of slavery. The deed has been done, and I, for one, do honestly declare that I never wish to see it revoked. Nor do I believe that the people of the South would now remand the negro to slavery, if they had the power to do so unquestioned.

"Under our paternal care, from a mere handful, he grew to be a mighty host. He came to us a heathen; we made him a Christian.

Idle, vicious, savage in his own country, in ours he became industrious, gentle, civilized. As a slave, he was faithful to us; as a freeman, let us treat him as a friend. Deal with him frankly, justly, kindly, and, my word for it, he will reciprocate your kindness. If you wish so see him contented, industrious, useful, aid him in his efforts to elevate himself in the scale of civilization, and thus fit him not only to enjoy the blessings of freedom, but to appreciate his duties."

After stating the provisions of the "military bill," as he calls the reconstruction law, he said to the colored people:

"But suppose the bill is p.r.o.nounced unconst.i.tutional; how then? I tell you what I am willing to see done. I am willing to give the right of suffrage to all who can read and who pay a certain amount of taxes; and I agree that this qualification shall bear on white and black alike. You would have no right to complain of a law which would put you on a perfect political equality with the whites, and which would put within your reach and that of your children the privilege enjoyed by any cla.s.s of citizens."

In Georgia, the prevailing sentiment is indicated by the following.

The Atlanta _New Era_ says:

"We freely accept the Sherman platform as the only means whereby to rescue the country from total destruction, and if we mistake not, our backbone will prove sufficiently strong to enable us to look the issue full in the face, without a shudder. It is our bounden duty, and that of every other patriot and well-wisher of the South, to at once signify an unconditional acceptance of the measures perfected by Congress for our restoration to the Union, and heartily co-operate with the United States authorities in securing that most desirable end."

The Augusta _Press_, alluding to the recent meeting of negroes at Columbia, S. C., and the fact that speeches were made by General Wade Hampton and others, states that--

"All good citizens all over the South entertain precisely the same kind feelings for the colored people that were exhibited by these eminent Carolinians, and it is unfortunate that these sentiments are not more widely manifested in meetings for public counsel with them. 'Representative men' in every community should be prompt and earnest in signifying their wish to co-operate with the colored people in the administration of the laws and the preservation of harmony and good will. To this end, we deem it our duty to urge that in every community public meetings be held, in which the two races may take friendly counsel together."

In Florida, Hon. R. S. Mallory, a former Democratic United States Senator, is reported to have said, at a large meeting composed of whites and blacks, in Pensacola, that--

"The recent legislation of Congress ought to be submitted to in good faith; that, as the negro was now ent.i.tled to vote, it was the interest of the State that he should be educated and enlightened, and made to comprehend the priceless value of the ballot, and the importance to himself and to the State of its judicious use.

"Let us fully and frankly acknowledge, as well by deeds as by words, their equality with us, before law, and regard it as no less just to ourselves and them than to our State and her best interests to aid in their education, elevation, and enjoyment of all the rights which follow their new condition."

Governor Patton, of Alabama, says:

"It seems to me that it is the true feeling of the Southern people to contribute their best influence in favor of an early organization of their respective States, in accordance with the requirements of the recent reconstruction act. Congress claims the right to control this whole question. In my humble judgment, it is unwise to contend longer against its power, or to struggle further against its repeatedly expressed will."

"The freedmen are now to vote the first time. We should cherish against them no ill-feeling. The elective franchise is conferred upon them; let them exercise it freely, and in their own way. No effort should be made to control their votes, except such as may tend to enable them to vote intelligently, and such as may be necessary to protect them against mischievous influences to which, from their want of intelligence, they may possibly be subjected.

Above all things, we should discourage everything which may tend to generate antagonism between white and colored voters."