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CHAPTER LXXXIII.

RECONSTRUCTION.

Condition of the Republican and Democratic Parties in Congress in December, 1866.

The District of Columbia Elective Franchise Bill passed: Its Provisions. Mr. Johnson vetoes it, but it is passed over the Veto. Territorial Franchise Bill passed. Admission of Nebraska as a State, with the Elective Franchise Proviso. Difficulties in Maturing satisfactorily the Reconstruction Act. - The Provisions of the House Bill. It is materially changed in the Senate. Further Modification in the House Provisions of the Bill as finally passed. - Necessity for the Tenure of Office Act: Its Provisions. Effect of the Passage of the District of Columbia Franchise Bill on Tennessee. Decision of the Supreme Court of Tennessee.

The First Supplementary Reconstruction Act of the Fortieth Congress. It is vetoed, and re-passed: Its Provisions. - Arrangement for the Call of a Summer Session. Mr. Stanbery's Exposition of the Reconstruction Acts. - The Summer Session of 1867.- The Second Supplementary Reconstruction Act: Its Provisions. Appropriations for Carrying out the Reconstruction Acts. The President's Communication. - The Resolution of the House in Reply. - Sharp Talk. · The Completion of Congressional Legislation on the Subject in 1867.Condition of the Desolated States in 1867.

THE elections of the Autumn of 1866 had greatly strengthened and encouraged the Republican majority in Congress, and when the members of the Thirty-ninth Congress met in their second session in December, 1866, they were resolved to complete their work of reconstruction, so far as it was possible to do so, and to pass the necessary bills over the President's veto. The minority (Democrats) were weak in numbers in both houses, but they numbered several men of very considerable ability, and they had been reënforced by the defection from the Republicans of Messrs. Cowan, Doolittle, Dixon, and Norton in the Senate, and Mr. Raymond, and two or three others, on some questions, in the House. Their losses by death and by the unseating of several members whose seats were contested, however, gave them really very little more available strength than in the previous ses

sion, while the Republicans were united and thoroughly in

earnest.

The first measure adopted during the session, having a bearing on the question of reconstruction, was the bill regulating the elective franchise in the District of Columbia. This was a measure of great importance, as, the District of Columbia being under the exclusive government of Congress, the action of that body in regard to conferring the suffrage and other privileges of citizenship upon the negro there, would indicate distinctly what Congress would require from the Rebel States as conditions precedent to their admission into the Union. Its provisions were as follows: Sec. 1 confers the elective franchise on male citizens of the United States, twenty-one years old and upward without distinction on account of race or color, who shall have resided in the District one year next preceding any election therein, excepting paupers, persons under guardianship, those convicted of any infamous crime or offense, and those who may have voluntarily given aid and comfort to the Rebels in the late Rebellion. Sec. 2 provides that any person whose duty it shall be to receive votes at any election within the District of Columbia, who shall reject the vote of any person entitled to vote under this act, shall be liable to an action of tort by the person injured, and on indictment and conviction, to a fine not exceeding $5,000, or to imprisonment not exceeding one year in the jail of the District, or both. Sec. 3 provides that any one willfully disturbing an elector in the exercise of such franchise shall be guilty of a misdemeanor, and on conviction, shall be liable to a fine not exceeding $1,000, or an imprisonment not exceeding thirty days in the jail of the District, or both. Sec. 4 makes it the duty of criminal courts in the District to give this act in special charge to the grand jury at the common circuit of each term of the court. Secs. 5 and 6. The voting lists are to be prepared by the mayors and aldermen of the cities of Washington and Georgetown on and before the first day of March in each

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year, and are to be posted in public places ten days before the annual election. The remaining four sections give other prescriptions as to the manner in which the election shall be held.

This bill passed the Senate December 14, 1866, by a vote of 32 yeas to 13 nays; and the House by 128 yeas to 46 nays. Mr. Johnson vetoed it in a very elaborate message, on the 7th of January, 1867; and the same day the Senate passed it again over the veto, by yeas 29, nays 10; and the next day, the House followed their example by yeas 113, nays 38.

On the 14th of January, 1867, a bill was sent to the President, which had previously passed both houses of Congress by a large majority, which provided that from and after its passage there should be no denial of the elective franchise in any of the territories of the United States, now, or hereafter to be organized, to any citizen thereof, on account of race, color, or previous condition of servitude; and all acts or parts of acts, either of Congress or the legislative assemblies of said territories, inconsistent with the provisions of this act, are declared null and void.

This bill, not being returned by the President within ten days, became a law on the 24th of January, 1867.

The next measure was the admission of Nebraska as a State, with the condition that the new State should by a solemn act assent to the provision that there should be no denial within the State of the elective franchise, or of any other right to any person, by reason of race or color, excepting Indians not taxed. This was vetoed by the President, but passed over his veto, February 9.

The question of reconstruction proper, as applied to the States lately in insurrection, was one of greater difficulty. Several bills were presented in both houses, and very considerable differences of opinion evidently existed among the Republican members. So serious were these at one time as to make it doubtful whether any measure which would be generally satisfactory could be passed during the session. A

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bill at length passed the House, for abrogating the existing provisional governments in the Rebel States, and establishing military rule there, dividing the whole Southern territory into five military districts, and conferring upon the General-in-chief the power of appointing the commanders of these districts. This bill was materially modified, or rather, another bill, combining with it reconstruction measures, and placing the appointing power in the hands of the President, was presented in the Senate, by Senator Sherman of Ohio, which passed that body. To this the House disagreed, and voted to adhere to its original bill. After some time, however, the House receded, and added some important amendments to Sherman's bill, which was then passed by both houses; the vote in the House being 128 yeas to 46 nays, and that in the Senate, 35 yeas to 7 nays.

This measure was one of such importance that we deem it necessary to give the text of it in full. It is as follows:

"AN ACT to provide efficient Government for the Insurrectionary States.

"Whereas, No legal State governments or adequate protection for life or property now exist in the Rebel States of Virginia, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Louisiana, Florida, Texas, and Arkansas; and whereas, it is necessary that peace and good order should be enforced in said States until loyal and republican State governments can be legally established; therefore,

"Be it enacted, etc., That said Rebel States shall be divided into military districts, and made subject to the military authority of the United States, as hereinafter mentioned; and for that purpose Virginia shall constitute the First District; North Carolina and South Carolina the Second District; Georgia, Alabama, and Florida the Third District; Mississippi and Arkansas the Fourth District; and Louisiana and Texas the Fifth District.

"SECTION 2. That it shall be the duty of the President to assign to the command of each of said districts an officer of the army not below the rank of Brigadier-General, and to detail a sufficient mili