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US History
Fort Burrows
18.2 Radical Reconstruction
Read pgs 521 – 525
Main Idea:
Angered by the South’s response to President Johnson’s Reconstruction program,
Republicans in Congress put in place a harsher plan.
Vocabulary:
black codes – law passed by southern states that severely limited the rights of
African Americans after the Civil War
Radical Republicans – members of Congress during Reconstruction who wanted to
break the power of the wealthy planters in the South and
ensure that freedmen received the right to vote
Fourteenth Amendment – 1868 amendment to the US Constitution that gives
citizenship to ALL persons born in the United States
and guarantees equal protection of the laws
Radical Reconstruction – 1867, period when the Republicans, who had control of
both houses of Congress, took charge of Reconstruction
Reconstruction Act – 1867 law that threw out the southern states gov’t that had
refused to ratify the Fourteenth Amendment and required
that former Confederate states allow African Americans to vote
impeach – to bring charges of serious wrongdoing against a public official
Fifteenth Amendment – 1869 amendment to the US Constitution that forbids any
state to deny African Americans the right to vote because of race
Setting the Scene:
In New Orleans, Confederate flags were being sold in the streets. In Mississippi, the
governor refused to fly the American flag over the state capitol. Many southerners
were singing, “I’m a good old rebel, that’s what I am / And I don’t want no pardon
for anything I done.” Hearing such reports in 1866, Republicans decided to take
harsh measures against the South.
Black Codes Anger Congress
After the war, most southern states promptly ratified the Thirteenth Amendment.
However, Southern legislatures also passed black codes, the laws that severely limited
the rights of freedmen.
Rights and Restrictions
Љ African Americans could now legally marry and own some kinds of property
Љ black codes meant NO political or economic power
Љ forbade freedmen to vote, own guns, serve on juries
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Љ jobs were like before; house servants, farm laborers
Љ some had to sign 1-year contracts to gain employment
Љ those without ‘contracts’ would be considered ‘idlers’, arrested or sentenced to
work, for free, on plantations ( yes, Plantations are still around )
Congress Reacts
Љ Republicans said Johnson’s Plan was too lenient
Љ white violence against freedmen
Љ Joint Committee on Reconstruction concluded that the South was trying to
“preserve slavery… as long as possible”
Љ Johnson ignored the report…
Љ the Radical Republicans vowed to take control of the Reconstruction
Plan
Proposed by
Conditions
for Former
Confederate
States to
Rejoin Union
Ten Percent Plan
President Abraham
Lincoln, 1863
▪ 10 percent of
voters must swear
loyalty to Union
Wade-Davis Bill
Republicans in
Congress, 1864
▪ Majority of
white men must
swear loyalty
Johnson Plan
President Andrew
Johnson, 1865
▪ Majority of white
men must swear
loyalty
▪ Must abolish
slavery
▪ Former
Confederate
volunteers
cannot vote or
hold office
▪ must ratify
Thirteenth
Amendment
▪Former
Confederate
officials may vote
and hold office
Reconstruction Act
Radical
Reconstruction, 1867
▪Must disband state
gov’ts
▪ Must write new
state constitutions
▪ Must ratify
Fourteenth
Amendment
▪African American
men must be allowed
to vote
Rise of the Radicals
The Radicals were led by Thaddeus Stevens of Pennsylvania in the House and Charles
Sumner of Massachusetts in the Senate. Radical Republicans had TWO main goals.
First, they wanted to break the power of the wealthy planters who had long ruled the
South. Second, they wanted to ensure that freedmen received the right to vote.
Republican Control
Љ Moderate Republicans controlled the Congress, they had the numbers
Ф 66 Senate – 38 Democrats – 26 Republicans – 2 American Party – 2 vacant
Ф 241 House – 121 Republican – 92 Democrats – 38 Other Parties
Љ Moderates and Radicals disagreed most of the time, but if the Southerners were
barred from office, the Repub’s could gain full control of both Houses
Љ to combat against the Southern Black Codes, congress passed their own version
Љ April 1866, the Civil Rights Act was passed in both Houses; this would give
citizenship to African Americans
Љ President Johnson VETOED
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Љ Congress OVERRODE his veto… the Fourteenth Amendment is born
Fourteenth Amendment
Љ Republican feared that the Supreme Court might use Judicial Review to declare
the Civil Rights Act of 1866 unconstitutional
Љ remember the Dred Scott decision declared that African Americans were not
citizens
Љ the Fourteenth Amendment defined citizen as “all person born or naturalized in
the United States” {although this did not include Native Americans}
Љ it guaranteed citizens “equal protection of the laws”
Љ forbade states to “deprive any person of life, liberty, or property without due
process of law”
What does this mean ?
Љ states could not legally discriminate against citizens on unreasonable grounds,
such as race
The big penalty…
Љ any state that denied any male citizen over the age of 21 the right to vote would
have its representation in Congress reduced
This Republican Congress believed that the old Confederate states would not allow
freedmen to vote, thus the southern states would lose Congressional seats
Љ Republicans had hoped that the freedmen would vote and would secure their
basic political rights, ; legal representation by the vote
Љ this Republican goal took a century before it became really accepted in the 1960s
¿¿ TAKS 8.17B ¿¿ What rights did the Fourteenth Amendment grant ?
1.________________________________________________________________________
2.________________________________________________________________________
3.________________________________________________________________________
1905…Lochner v. New York
The Supreme Court strikes down a law regulating working hours.
The Court rules that equal protection means that employers have
the right to make contracts with workers freely.
This ruling is later reversed.
By a 5–4 vote, the Supreme Court rejected the argument that the law was necessary to
protect the health of bakers, deciding it was a labor law attempting to regulate the
terms of employment, and calling it an "unreasonable, unnecessary and arbitrary
interference with the right and liberty of the individual to contract."
Justice Rufus Peckham wrote for the majority.
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1954…Brown v. Board of Education
The Supreme Court rules that having separate schools for white and
black students discriminates against African Americans and is a
violation of equal protection. The ruling ends school segregation and
becomes a landmark in the fight for equal rights.
The decision overturned earlier rulings going back to Plessy v. Ferguson in 1896.
Handed down on May 17, 1954, the Warren Court's unanimous (9–0) decision stated
that "separate educational facilities are inherently unequal."
1963…Gideon v. Wainwright
The Supreme Court rules that due process means that all people
accused of a crime have the right to an attorney. If a person cannot
afford an attorney, the state must provide one for her or him.
In the case, the Supreme Court unanimously (9–0) ruled that state courts are required
under the Sixth Amendment of the Constitution to provide counsel in criminal cases
for defendants who are unable to afford their own attorneys.
1971…Reed v. Reed
The Supreme Court strikes down an Idaho law giving men automatic
preference over women in certain situations. The Court rules that
equal protection means that men and women must be treated equally
before the law.
After the death of their adopted son, Sally and Cecil Reed sought to be named the
administrator of their son's estate; the Reeds were separated. The Idaho Probate
Court specified that "males must be preferred to females" in appointing
administrators of estates, so Cecil was appointed administrator. In a unanimous (9–0)
decision, the Supreme Court held that the law's dissimilar treatment of men and
women was unconstitutional. Chief Justice Burger's opinion:
Radicals in Power
President Johnson encouraged former Confederate states to reject the Fourteenth
Amendment. He also decided to make the amendment an issue in the 1866
congressional elections.
Љ Andrew Johnson, Democrat 17th President of the United States, (1865-1869)
Andrew Johnson gives truth to the saying that in America, anyone can grow up to
become President. Born in a log cabin in North Carolina to nearly illiterate parents,
Andrew Johnson did not master the basics of reading, grammar, or math until he met
his wife at the age of seventeen. (He never attended a day of school). The only other
man to attain the office of President with so little formal education was Abraham
Lincoln. Whereas Lincoln is esteemed as America’s greatest President, Johnson, his
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successor, is ranked as one of the worst. He is the only man to serve as President of the
USA and then later be elected as member of Congress. He was elected as Senator of
Tennessee in 1875.
Election of 1866
Љ Johnson urges northerners to reject the Radical Republicans
Љ a heckler yelled for Johnson to hang Jefferson Davis, Johnson yelled, “why not
hang Thad Stevens ?”
Љ Johnson was criticized for losing his temper
Љ in July of 1866, white mobs in New Orleans killed 34 African Americans
Љ this violence convinced many northerners to take stronger measures against the
South
Љ the election was a disaster for Johnson; he lost any hopes of bipartisan laws
Љ Republicans won majorities in both houses of Congress
Ф Whig, Republican 1849-53, 1859-68
Ф Thad Stevens, known as ‘the Great Commoner’ was a vehement critic of
Johnsons and later became the leader in the efforts to IMPEACH Johnson
Ф during the impeachment process, Stevens was so ill he had to be carried into
the chambers to participate; he died 3 months after the President’s acquittal
Ф No Republican was permitted by 'Old Thad' to oppose his imperious will
without receiving a tongue-lashing that terrified others if it did not bring the
refractory Representative back into party harness," wrote journalist Ben Perley
Poore
The Radical Program
Љ Radical Reconstruction; with majority in both Houses, they could easily
override a Presidential VETO
Љ March 1867, Reconstruction Act is approved by a Republican Congress
Ф threw out state governments that did not ratify the 14th Amendment
Ф which was ALL southern states except Tennessee
Ф divided the South into 5 military districts, with broad enforcement POWERS;
First Military District: Virginia, under General John Schofield
Second Military District: The Carolinas, under General Daniel Sickles
Third Military District: Georgia, Alabama and Florida, under General John Pope
Fourth Military District: Arkansas and Mississippi, under General Edward Ord
Fifth Military District: Texas and Louisiana, under Generals Philip Sheridan and
Winfield Scott Hancock
*** Remember from Texas History how much Sheridan LOVED Texas
"If I owned Texas and all of H#@*, I would rent out Texas and live in H#@*."
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Ф to rejoin the Union, former Confederate states had to write a ‘new’ state
Constitution, which had to ratify the 14th Amendment
Ф Southern states were required to allow African Americans to VOTE
Љ Reconstruction states, with new governments had to bar former Confederate
officials from voting
Љ Many Southern whites stayed away from the voting polls in PROTEST
Љ freedmen did VOTE
Љ Republicans gained control of ALL the ‘new’ Southern states governments
Љ Order of Southern States allowed back into the Union
Ф Tennessee July 24, 1866
Ф Arkansas June 22, 1868
Ф Florida June 25, 1868
Ф North Carolina July 4, 1868
Ф South Carolina July 9, 1868
Ф Louisiana July 9, 1868
Ф Alabama July 13, 1868
Ф Virginia January 26, 1870
Ф Mississippi February 23, 1870
Ф Texas March 30, 1870
Ф Georgia July 15, 1870
The Impeachment of Andrew Johnson
At the impeachment trial of President Johnson, Senator James Grimes of Iowa
voted against conviction. Here, he explains why: “Nor can I suffer my judgment of
the law governing this case to be influenced by political considerations. I cannot agree
to destroy the harmonious working of the Constitution for the sake of getting rid of an
unacceptable President. Whatever may be my opinion of Johnson, I cannot consent to
trifle with the high office he holds. I can do nothing which, by implication, may be
seen as an approval of impeachment as a part of future political machinery.”
James Grimes, quoted in Trial of Andrew Johnson (Poore)
Impeachment and a New President
Congress passed other Reconstruction acts over Johnson’s veto. As President,
Johnson had a duty to execute the new laws. However, Johnson did what he could to
limit their effect. He fired several military commanders who supported Radical
Reconstruction. Republicans in Congress decided to remove Johnson from office.
Trial
Љ February 24, 1868, the House of Representatives voted to IMPEACH President
Johnson
Љ Impeachment may be considered for these infractions; ‘treason’, ‘bribery’, or
other ‘high crimes’ and ‘misdemeanors’
Ф impeachment is ‘charged’ or ‘alleged’ by the House of Representatives and
tried by the Senate
Ф the federal official is removed from office if 2/3’s of the Senate find him/her
guilty
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*** Why not the House of Representatives? Or both Houses ?
_____________________________________________________________________________
Љ the trial proved he was not guilty of ‘high crimes’ or ‘misdemeanors’
Љ 7 Republican Senators voted ‘not guilty’ – “the Constitution does not allow
removal of the President just cause we don’t like him”
Љ final Senate vote 35 to 19, 1 vote short of 2/3’s needed to CONVICT
Љ since 1797, sixteen federal officials have been impeached,
Presidents – Andrew Johnson & Bill Clinton both acquitted by the Senate
{ Richard Nixon, resigned before the impeachment process was completed }
and 14 others ( two presidents, a cabinet member, a senator, a justice of the
Supreme Court, and eleven federal judges );
7 have been removed from office, ALL were Judges
A New President
Љ President Johnson did serve out the remaining term
Љ in 1868, Republicans nominated the Union’s greatest war hero, Ulysses S. Grant
Ф Hiram Ulysses Simpson Grant April 27, 1822– July 23, 1885
the initials "U.S." stood for "Uncle Sam", given this nickname at West Point
Љ he was elected 18th President of the United States; nearly all the ‘new’ southern
states voted for Republican US Grant; led by the ‘black’ vote of 500,000
Fifteenth Amendment
Љ 1869, Congress passed the 3rd of the Civil War Amendments; ratified in 1870
Љ 15th Amendment forbade any state to deny any citizen the right to vote because
of “race, color, or previous condition of servitude”
Љ Moral and Political reasons drove the passing of the 15th Amendment
Ф morally it was wrong for African Americans in the South be allowed to vote
and not the African Americans in the North
Ф politically the Republicans hoped and expected that the ‘gift of vote’ would
cause African Americans all over the United States to remember them and
vote Republican at each election
Љ ALL African American male citizens over 21 years of age, had the right to vote
¿¿ TAKS 8.17B ¿¿ What was the significance of the Fifteenth Amendment ?
1.________________________________________________________________________
2.________________________________________________________________________
3.________________________________________________________________________
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1. How did Congress react to the passage of black codes in the South ?
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
2. How did Radical Republicans gain power in Congress ?
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
3. Why was President Johnson impeached ?
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
4. What was the major cause of the anger Republicans felt toward southern
legislatures ?
A.
B.
C.
D.
a lenient Reconstruction plan encouraged the passing of black codes
African Americans were still not allowed to marry legally or own property
not all Southern states promptly ratified the Thirteenth Amendment
the black codes granted too many rights to African Americans
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