Part 10

In consequence of the threatening situation which the President's reactionary policy had precipitated, the belief grew stronger and stronger in the Northern country that the predominance of the Republican party was--and would be for a few years, at least--necessary for the safety and the honor of the Republic; and steps taken to insure that predominance, even such as would have in less critical times evoked strong criticism, were now looked upon with seductive leniency of judgment. Mr. Stockton of New Jersey was unseated in the Senate upon grounds which would hardly pass muster in ordinary times, to make room for a Republican successor, and even Mr. Fessenden approved the transaction. Advantage was taken in the same body of the sickness or casual absence of some Democratic senator to rush through a vote when a two-thirds majority was required to kill a veto; and other proceedings were resorted to at a pinch which were hardly compatible with the famous "courtesy of the Senate." But there was more thorough and lasting work to be done to prepare for the full restoration of the States lately in rebellion. The Republican majority was by no means of one mind as to the constitutional status of the communities that had been in insurrection against the National Government. I have already spoken of the theory of State-suicide advanced by Mr. Stevens and a comparatively small school of extremists. The theory most popular with most of the Republicans, which was finally formulated by the Joint Committee on Reconstruction, was that the rebel States had not been out of the Union, but had lost their working status inside of the Union, and had to be restored to their regular constitutional relations to the Union by action of Congress, upon such conditions as Congress might deem proper.

To meet the dangers which so far had become visible on the horizon, the Joint Committee on Reconstruction devised the Fourteenth Amendment to the Constitution, which was long and laboriously debated in both Houses. In the form in which it was finally adopted it declared (1) that all persons born or naturalized in the United States are citizens of the United States and of the States in which they reside, and that no State shall make or enforce any law abridging the privileges or immunities of citizens, nor deprive any person of life, liberty, or property without due process of law, nor deny to any person the equal protection of the laws; (2) that if in any State the right to vote at any election for the choice of national or State officers is denied or in any way abridged, except for participation in rebellion, or other crime, the basis of representation in Congress or the electoral college shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State; (3) that no person who had taken part in the rebellion, having previously, as a national or State officer, military or civil, sworn to support the Constitution of the United States, shall be a Senator or Representative in Congress or hold any office, civil or military, under the United States, or any State, unless relieved of that disability by a two-thirds vote of each house of Congress; (4) that the validity of the public debt of the United States shall not be questioned, nor shall any debt or obligation contracted in aid of rebellion, or any claim for emancipated slaves be paid.

_The Fourteenth Amendment_

Thus the Fourteenth Amendment stopped short of the extension of the suffrage to negroes--a subject which many Republicans were still afraid to touch directly. But by implication it punished the States denying that extension by reducing the basis of representation; it excluded from office, unless relieved of the disability by a two-thirds vote of Congress, the most influential class of those who had taken an active

## part in the rebellion; and it safeguarded the public debt. With only one

of its provisions serious fault could be found;--not with that which guaranteed to the freedmen the essential civil rights of free men, nor with that which excluded the freedmen from the basis of representation--so long as they were not permitted to vote. Only the advocates of negro suffrage might logically have objected to this clause; inasmuch as it by implication recognized the right of a State to exclude the colored people from the suffrage if the State paid a certain penalty for such exclusion. Neither could the clause safeguarding the public debt and prohibiting the payment of debts incurred in aid of the rebellion be objected to. The really exceptionable provision was that which excluded so large a class of Southern men from public office, and just that class with which a friendly understanding was most desirable. The provision that their disqualification could be removed by a two-thirds vote in each House of Congress mended the mischief thus done a little, but not enough for the public good.

It was not expressly enacted, but it was generally understood, that those of the States lately in rebellion, which ratified the Fourteenth Amendment, would thereby qualify themselves for full restoration in the Union. Tennessee, where a faction of the Union party hostile to President Johnson had gained the ascendency, did so, and was accordingly fully restored by the admission to their seats in Congress of its Senators and Representatives. The full restoration of the other late rebel States would probably have been expedited in the same way, had they followed the example of Tennessee. But President Johnson, as became publicly known in one or two instances, obstinately dissuaded them from doing so, and the fight went on. He also vetoed a second Freedmen's Bureau bill in which some of the provisions he had objected to in his veto of the first were remedied. But things had now come to such a pass between Congress and the President that his veto messages were hardly considered worth listening to, but were promptly overruled almost without debate by two-thirds votes in each House.

_A Campaign to Destroy a President_

Under such circumstances the Congressional election of 1866 came on. The people were to pronounce judgment between the President and Congress. The great quarrel had created excitement so intense as to affect men's balance of mind. About the time of the assembling of Congress Mr. Preston King of New York (the same rotund gentleman with whom, in the National Convention of 1860, I conducted Mr. Ashmun to the chair), who had been a Senator of the United States and had been appointed Collector of Customs by President Johnson, committed suicide by jumping into the North River from a ferry-boat. He had been a Republican of the radical type, and when he took the office he supposed the President to be of the same mind; but Mr. Johnson's course distressed him so much that he became melancholy; his brain gave way, and he sought relief in death. Another suicide which greatly startled the country a few months later, that of Senator Lane of Kansas, was attributed to a similar cause. "Jim" Lane had been one of the most famous free-State fighters in Kansas Territory. Since then he was ranked among the extreme anti-slavery men and as a Senator he was counted upon as a firm opponent of President Johnson's policy. To the astonishment of everybody he voted against the Civil Rights bill. This somewhat mysterious change of front, which nobody seemed able satisfactorily to explain, cost him his confidential intercourse with his former associates in the Senate, and brought upon him stinging manifestations of disapproval from his constituents. He was reported to have expressed profound repentance of what he had done and finally made away with himself as one lost to hope. He was still in the full vigor of manhood--only fifty-one years old--when he sought the grave.

[Illustration: JOHN POTTER STOCKTON

THE DEMOCRATIC SENATOR FROM NEW JERSEY WHO WAS UNSEATED IN THE SENATE OF 1866 TO MAKE ROOM FOR A REPUBLICAN SUCCESSOR. HE WAS LATER REELECTED TO THE SENATE]

The campaign of 1866 was remarkable for its heat and bitterness. In canvasses carried on for the purpose of electing a President, I had seen more enthusiasm, but in none so much animosity and bad blood as in this, an incidental object of which was politically to destroy a president. Andrew Johnson had not only manifested a disposition to lean upon the Democratic party in the pursuit of his policy, but he had also begun to dismiss public officers who refused to coöperate with him politically and to put in their places men who adhered to him. This touched partisan spirit in an exceedingly sensitive spot. The so-called "bread-and-butter brigade" was looked down upon with a contempt that could hardly be expressed in words.

_Killing of Negroes at Memphis and New Orleans_

But there were more serious things to inflame the temper of the North. The Southern whites again proved themselves their own worst enemies. Early in May news came from Memphis of riots in which twenty-four negroes were killed and one white man was wounded. The conclusion lay near and was generally accepted that the whites had been the aggressors and the negroes the victims. In the last days of July more portentous tidings arrived from New Orleans. An attempt was made by Union men to revive the constitutional convention of 1864 for the purpose of remodeling the constitution of the State. The attempt was of questionable legality, but, if wrong, it could easily have been foiled by legal and peaceable means. The municipal government of New Orleans was in possession of the ex-Confederates. It resolved that the meeting of the remnant of the convention should not be held. When it did meet, the police, consisting in an overwhelming majority of ex-Confederate soldiers, aided by a white mob, broke into the hall and fired upon those assembled there. The result was thirty-seven negroes killed and one hundred and nineteen wounded, and three of the white Union men killed and seventeen wounded, against one of the assailants killed and ten wounded. General Sheridan, the commander of the Department, telegraphed to General Grant: "It was no riot; it was an absolute massacre by the police which was not excelled in murderous cruelty by that of Fort Pillow. It was a murder which the Mayor and the police of this city perpetrated without the shadow of necessity." A tremor of horror and rage ran over the North. People asked one another: "Does this mean that the rebellion is to begin again?" I heard the question often.

The Administration felt the blow, and to neutralize its effects a national convention of its adherents, North and South, planned by Thurlow Weed and Secretary Seward, was to serve as the principal means. This "National Union Convention" met in Philadelphia on August 14th. It was respectably attended in point of character as well as of numbers. It opened its proceedings with a spectacular performance which under different conditions might have struck the popular imagination favorably. The delegates marched into the Convention Hall in pairs, one from the South arm in arm with one from the North, Massachusetts and South Carolina leading. But with the Memphis riot and the New Orleans "massacre" and Andrew Johnson's sinister figure in the background, the theatrical exhibition of restored fraternal feeling, although calling forth much cheering on the spot, fell flat, and even became the subject of ridicule, since it earned for the meeting the derisive nickname of the "arm-in-arm convention." The proceedings were rather dull, and much was made by the Republicans of the fact that the Chairman, Senator Doolittle from Wisconsin, was careful not to let Southern members say much lest they say _too_ much. It was also noticed and made much of that among the members of the convention the number of men supposed to curry favor with the Administration for the purpose of getting office--men belonging to the "bread-and-butter-brigade"--was conspicuously large. Among the resolutions passed by the convention was one declaring slavery abolished and the emancipated negro entitled to equal protection in every right of person and property, and another heartily endorsing President Johnson's reconstruction policy.

No doubt many of the respectable and patriotic men who attended that convention thought they had done very valuable work for the general pacification by getting their Southern friends publicly to affirm that slavery was dead never to be revived, and that the civil rights of the freedmen were entitled to equal protection and would have it. But the effect of such declarations upon the popular mind at the North was not as great as had been expected. Such affirmations by respectable Southern gentlemen, who were perfectly sincere, had been heard before. In fact, almost everybody in the South was ready to declare himself likewise, and with equal sincerity, as to the abolition of the old form of chattel slavery. But the question of far superior importance was, what he would put in the place of the old form of chattel slavery. _There_ was the rub, and this had come to be well understood at the North in the light of the reports from the South, which the advocates of President Johnson's policy could not deny nor obscure. The moral effect of the National Union Convention was therefore very feeble.

[Illustration: _From the collection of Joseph Keppler_

SENATOR CARL SCHURZ

FROM A PHOTOGRAPH TAKEN ABOUT 1879]

_Johnson "Swings Around the Circle"_

If the members of the National Union Convention thought that their conciliatory utterances would pour oil on the angry waves of the campaign, they reckoned without their host. When a committee appointed for that purpose presented to President Johnson a copy of its proceedings, there was rather a note of defiance to his opponents, than of conciliation, in his response. "We have witnessed in one department of the government every endeavor to prevent the restoration of peace, harmony, and union," he said. "We have seen hanging upon the verge of the government, as it were, a body called, or which assumes to be, the Congress of the United States, while, in fact, it is a Congress of only a part of the United States. We have seen a Congress in a minority assume to exercise power which, allowed to be consummated, would result in despotism or monarchy itself." Here was again the thinly veiled threat that, because certain States were not represented in it, the validity of the acts of Congress might be attacked. But worse was to follow. It is a well-known fact that presidents, under the influence of the Washington atmosphere, are apt to become victims of the delusion that they are idolized by the American people. Even John Tyler is said to have thought so. It may have been under a similar impression that President Johnson, who had great confidence in the power of his influence over the masses when he personally confronted them, accepted an invitation requesting his presence at the unveiling of a Douglas statue in Chicago, and he made this an occasion for a "presidential progress" through some of the States. He started late in August. Several members of his cabinet, Seward among others, accompanied him, and so did General Grant and Admiral Farragut, by command, to give additional luster to the appearance of the chief.

[Illustration: _Reproduced by permission of the New York Customs House_

SENATOR PRESTON KING

WHOM PRESIDENT JOHNSON APPOINTED COLLECTOR OF THE PORT OF NEW YORK. HIS SUICIDE IN 1865 WAS ATTRIBUTED TO WORRY OVER THE PRESIDENT'S RECONSTRUCTION POLICY]

His journey, the famous "swinging around the circle,"--a favorite phrase of his to describe his fight against the Southern enemies of the Union, the Secessionists, at one time, and against the Northern disunionists, the radical Republicans, at another--was a series of the most disastrous exhibitions. At Philadelphia he was received with studied coldness. At New York he had an official reception, and he used the occasion to rehearse his often-told story of his wonderful advancement from the position of alderman in his native town to the presidency of the United States, with some insignificant remarks about his policy attached. At Cleveland he appeared before a large audience, according to abundant testimony, in a drunken condition. Indeed, the character of his speech cannot be explained in any other way. He descended to the lowest tone of

## partizan stump speaking. He bandied epithets with some of his hearers

who interrupted him. The whole speech was a mixture of inane drivel and reckless aspersion. His visit at Chicago passed without any particular scandal. But the speech he made at St. Louis fairly capped the climax. He accused the Republicans in Congress of substantially having planned the New Orleans massacre. He indulged himself in a muddled tirade about Judas, Christ, and Moses. He declared that all his opponents were after was to hold on to the offices; but that he would kick them out; that they wanted to get rid of him, but that he defied them. And so on. At Indianapolis a disorderly crowd hooted him down and would not let him speak at all.

[Illustration: _Lent by the Century Co._

SENATOR JAMES LANE

ONE OF THE MOST FAMOUS FREE-STATE FIGHTERS IN KANSAS TERRITORY. HIS DEFECTION TO THE SIDE OF PRESIDENT JOHNSON WAS BITTERLY CRITICISED BY HIS CONSTITUENTS, AND WAS THOUGHT TO BE RESPONSIBLE FOR HIS SUICIDE IN 1866]

_New Congress Overwhelmingly Anti-Johnson_

He returned to Washington an utterly discomfited and disgraced man, having gone out to win popular support, and having earned only popular disgust. The humorists, pictorial as well as literary, pounced upon the "swinging around the circle" as a fruitful subject for caricature or satire, turning serious wrath into a bitter laugh. Andrew Johnson became the victim not only of detestation but of ridicule.

The campaign was then--about the middle of September--virtually decided. There was no longer any doubt that the election would not only preserve, but materially increase, the anti-Johnson majority in Congress. But before President Johnson started on his ill-starred journey, arrangements had been made for the other national conventions. One of them was designed to bring Southern loyalists, that is, Southern men who had stood loyally by the National Government, together with Northern Republicans. It met at Philadelphia on the 3rd of September. Senator Zachariah Chandler and myself attended it as delegates sent there by the Republicans of Michigan. It was a large gathering, the roll of which bore many distinguished names from all parts of the country. Southern members having been permitted to say but very little in the Johnson convention a fortnight before, it was a clever stroke of policy on the part of our managers to give the floor to the Southern loyalists altogether. They availed themselves of the opportunity to lay before the people of the country an account of their experiences and sufferings, since the promulgation of the Johnson policy, which could not fail to stir the popular heart. Their recitals of the atrocities committed in the South were indeed horrible. Over a thousand Union citizens had been murdered there since the surrender of Lee and in no case had the assassins been brought to judgment. But after Mr. Johnson's "swing around the circle" no further exertions could have saved his cause, and no further exertion could have very much augmented the majority against him. I am convinced he would have been beaten without his disgraceful escapade. But his self-exhibitions made his defeat overwhelming. The Republicans won in one hundred and forty-three Congressional districts, the Democrats in only forty-nine. President Johnson was more at the mercy of Congress than ever.

During the canvass I was somewhat in demand as a speaker and addressed large meetings at various places. One of my speeches, delivered at Philadelphia on the 8th of September, was printed in pamphlet form and widely circulated as a campaign document. I have read it again--thirty-nine years after its delivery--and I may say that after the additional light and the experience which this lapse of time has given us, I would now draw the diagnosis of the situation then existing substantially as I did in that speech--barring some, not many--extravagances of oratorical coloring, and the treatment of the disqualification clause of the Fourteenth Amendment to the Constitution.

_The Movement Toward Negro Suffrage_

It was in this campaign that the matter of negro suffrage was first discussed on the hustings with a certain frankness. Efforts have since been made, and are now being made, to make the Southern people believe--and, I deeply regret to say, many of them actually do believe--that the introduction of negro suffrage was a device of some

## particularly malignant and vindictive radicals, to subject the South to

the extreme of distress and humiliation. Nothing could be farther from the truth. Admitting that there were people in the North who, before the passions of the War had subsided, wished to see the rebels and their sympathizers and abettors in some way punished for what they had done, negro suffrage never was thought of as a punitive measure. I may say that in all my intercourse with various classes of people--and my opportunities were large--I have never heard it mentioned or suggested, still less advocated, as a punitive measure. It never was in itself popular with the masses--reason enough for the ordinary politicians to be afraid of openly favoring it. There were only two classes of men who at all thought of introducing it generally; those whom, without meaning any disparagement, I would for the sake of convenience call the doctrinaires,--men who, like Mr. Sumner, would insist as a general principle that the negro, being a man, was as a matter of right as much entitled to the suffrage as the white man; and those who, after a faithful and somewhat perplexed wrestle with the complicated problem of reconstruction, finally landed--or, it might almost be said, were stranded--at the conclusion that to enable the negro to protect his own rights as a free man by the exercise of the ballot was after all the simplest way out of the tangle, and at the same time the most in accordance with our democratic principles of government.

[Illustration: SENATOR ZACHARIAH CHANDLER

WHO WAS SENT, TOGETHER WITH CARL SCHURZ, TO THE PHILADELPHIA CONVENTION OF 1866, BY THE REPUBLICANS OF MICHIGAN]