Page:Collier's New Encyclopedia v. 07.djvu/538

RECONSTRUCTION 452 RECONSTRTJCTION particular survey for the purposes of the construction of public works, as of a road, canal, railway, etc. RECONSTRTJCTION, in United States history, a making-over of the political fabric of the States that composed the Southern Confederacy. At the close of the Civil War, these States were prac- tically without governments, those which they had established after their with- drawal from the Union having been over- thrown. They had been declared insur- gents and therefore their relation to the United States Government was that of a conquered territory. The treatment of these States became a problem. Plans for the solution were submitted which may be classified as follows: (1) The theory that as soon as the bare number of Union men who had always been in these States, had estab- lished a loyal government, the States would then be regularly reconstituted. (2) The theory in President Lincoln's proclamation of Dec. 8, 1863, stipulating that if after having taken a prescribed oath of allegiance, one-tenth of the num- ber of voters of 1860 should establish a loyal government it should be recog- nized, this stipulation applying to all such governments; the theory including a provision of amnesty on certain con- ditions for all, with the exception of a specified portion of those in rebellion. (3) Sumner's theory that a State re- nounces its State rights through the act of withdrawal, and in doing so abol- ishes a right to slavery which is an in- stitution based merely on State author- ity; that Congress should institute measures to establish this conclusion as a fact, and also to protect all the in- habitants of the State, and therein to set up a republican form of government. (4) Thaddeus Stevens' theory that in- superable resistance to the Constitution suspends its operations and that it then become;, incumbent on the National government to decide when it is to be resumed. (5) The Davis- Wade theory introduced by Henry Winter Davis and Benjamin F. Wade, from the "Committee on Rebellious States." This theory made provisions for the appointment of pro- visional governors, the emolument of citi- zens ready and willing to take the oath of allegiance, the approval and adoption of a constitution, and recognition of the State by admission. (6) The congres- sional theory which was really carried into effect. Measures radically discriminating against the negroes had been adopted by the Legislatures reconstructed under the proclamation of Dec. 8, 1863. This had gjccited and united Republican feeling in the North against the President's policy. Meantime President Lincoln had been assassinated and Vice-President John- son had taken the presidential chair. When Congress assembled, in December, 1865, Republican opposition was mani- fest in an enactment that no State should be represented in either House till Con- gress had declared its right to represen- tation. A bill was passed proposing the Fourteenth Amendment to the National Constitution, and declaring the right of representation to any States ratifyin;;. The Civil-Rights Bill followed, and tie bill enlarging the provisions of the freedman's bureau, were passed over the President's veto. According to Con- gress, the Constitution of the United States retained the authority vested in it over States which through their act of withdrawal, had suspended their State governments, since those States were not viewed as "destroyed," but as being in a position for restoration to "their former political relations" in the Union, by con- sent of the law-making power of the United States. The Republicans were divided in their policy, one faction sustaining the Presi- dent in his opinions, the other faction be- ing resolute in the feeling that adher- ence to his opinions was treason to the party. Some indiscreet speeches made by President Johnson during a trip through some Northern and Western States accentuated Republican opposi- tion to his policy. Congress then passed a series of laws, some of them over the President's veto. Among these were the Tenure of Office Act, establishment of universal suffrage in the territories, ad- mission of Nebraska into the Union, and making General Grant irremovable as head of the army. Meantime, but one State, Tennessee, had been admitted, July 24, 1866, none of the others adopted the Fourteenth Amendment. In view of the situation, Congress divided the South into five military districts. A military governor was appointed for each dis- trict, and he was empowered to protect life and property through local courts or military commissions. Each governor was to supervise the election of delegates to a constitutional convention to which all but certain disqualified classes were to be admitted, such delegates to be elected by those eligible to vote. It was provided that such constitutions should be ratified by a popular vote, and then placed before Congress, the next meas- ure to be a ratification of the Four- teenth Amendment by the new Legisla- ture so including the amendment in the Statfj constitution, which act should en- title the State to representation in Con-