State of parties. Civil War and Reconstruction during their continuance saw the country with two political parties, the Democratic and the Republican, divided upon constitutional questions, on strict and loose construction of the Constitution. The Republican party held factions growing out of the war; but the differences were not on the lines which separated the party from its hereditary opponent. On the power of the government, the party was a unit. On the other hand, the Democratic party was distracted by the attitude of its Southern wing.

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CHAPTER XVIII

LEGISLATIVE AND EXECUTIVE CONFLICT

Situation of Johnson - April 15, 1865. On the 4th of March, 1865, the 38th Congress ended by limitation, and the 39th began. By a constitutional requirement the sessions of Congress open on the first Monday of December, unless called into special session by the President before that date. Lincoln's death on the 15th of April left to his successor, Andrew Johnson, a heritage of complicated problems growing out of the war. Chief of these was that of Reconstruction, which had given Mr. Lincoln so much concern during his last days. Johnson had been an interested observer of the dispute between his predecessor and the radical wing of the Republican party in Congress. As the military governor of Tennessee, appointed by Mr. Lincoln, he was a part of the presidential scheme of Reconstruction.

His treatment by Tennessee. The treatment he had received at the hands of the dominant element in his State, incapacitated him to fully share Mr. Lincoln's clemency toward the insurrectionary States. Having sprung from the lowlands of humanity, his birth and education excluded him from the social rank which controlled affairs in his own State. By dint of obstinate courage and constant application, he rose step by step until he appeared in the Senate chamber as his State's representative. When the slavocracy carried his State into Secession he obstinately and courageously refused to go with it, and retained his seat in the Senate, supported the

government in the suppression of rebellion, and on the 4th of March, 1862, resigned his seat to accept the military governorship of his State to further the efforts of the Union. His denunciation of Secession and slavery was caustic. His bold stand attracted the attention of the Administration party. His unique position as a citizen of a slave State which had seceded, his refusal to abide by the ordinance of Secession, his acceptance of the post of military governor at the hands of the President of the United States to assist in suppressing the insurrection, rendered him a logical candidate for Vice-President in the Baltimore convention. On the first ballot he was nominated over Hannibal Hamlin, the then present incumbent. It is not probable that the possibility of his succeeding to the presidency had entered the mind of any considerable part of the convention.

His utterances on the death of Lincoln. When he was inaugurated as the third accidental President he revealed strong feeling against the leaders of rebellion, and broke out in bitter invective. He momentarily employed the terms "treason" and "traitors," and more than once publicly proclaimed that traitors must meet the penalty of treason. These rabid utterances had a double effect. They pleased the radical wing of the Administration, who told him in language more forcible than elegant, that they believed in him. They exultingly announced that the days of imbecile weakness were at an end. To the conservative element of the country, his utterances suggested unwise severity and alarmed many leaders who had favored the policy of clemency suggested in the policy of Mr. Lincoln. The fears of the latter were soon allayed. Under the influence of his great Secretary of State, Mr. Seward, he at once set himself to the task of Reconstruction. It was but natural that under the influence of Lincoln's Secretary of State, and as heir to Lincoln's plan of Reconstruction, he having been a part of the plan, he would proceed on the line laid down by his predecessor. He determined not to be

hampered in this work by summoning Congress in special

session.

Efforts to complete Lincoln's work. From the time he was inaugurated to the convening of Congress, eight months, he labored unhampered by the element which had troubled Lincoln and which had professed that it believed in Johnson. He had a mind that did its own thinking and a will that disliked opposition. Less politic, less magnanimous and more arrogant than his predecessor, he apparently delighted to exercise his authority in rehabilitation. He esteemed the task of restoration an executive function and he proceeded with no hesitation. A republican government for each State was his plea. To make sure of it he appointed for each State a provisional governor, who was instructed to call a convention to be composed of loyal delegates who had accepted and fulfilled the provisions of the amnesty proclamation by taking an oath of allegiance to the government. The qualifications for electors for this convention were to be the same as existed in the State prior to the ordinance of Secession, which in the language of his proclamation, was "a power the people of the several States comprising the Federal Union have rightfully exercised from the origin of the government to the present time." The provisional governor was to have the assistance of the military commander of the department in which the State was located. The convention was required to provide for the abolition of slavery. On this basis Reconstruction proceeded.

Reconstruction of North Carolina. On the 29th of May, 1865, the President by proclamation announced the Reconstruction of North Carolina. It stated that the armed forces of the Rebellion had been overcome and that it was the President's duty to enforce the constitutional obligation to guarantee to each State a republican form of government. execution of his plan, he appointed William W. Holden as military governor, charged with the duty of prescribing “rules

for convening a convention to be composed of delegates to be chosen from that portion of the people of said State, who were loyal to the United States and to no others, for the purpose of altering or amending the Constitution thereof and with authority to exercise within the limits of said State all the powers necessary and proper to enable such loyal people of the State of North Carolina to restore said State to its constitutional relations with the Federal government, and to present such a Republican form of State government as will entitle the State to the guaranty of the United States therefor and its people to protection by the United States against invasion, insurrection, and domestic violence." The eligibility of an elector or a member of the convention required the voter or member to take the oath of allegiance and to possess such qualifications as were required by the State constitution prior to the time of Secession. This proclamation serves as a type to explain the various proclamations issued for the Reconstruction of all the States.

Mississippi and other States. On the 13th day of June, 1865, the proclamation reconstructing the State of Mississippi was issued. Four days later the plan was applied to Georgia and Texas. Before the end of the month, Alabama and South Carolina were reconstructed. On the 13th day of July, Florida was authorized to proceed to form a State government. In all the States the military commander of the department and all the military forces were ordered to aid and assist the provisional governor in carrying into effect the proclamation. They were enjoined from hindering the loyal people in their organization of a State government as authorized in the proclamation. The Secretary of State was directed to put into operation all laws which properly belonged to his department. The Secretary of the Treasury was directed to put into operation the revenue laws, giving preference in his appointments to the loyal citizens residing in the district. The postmaster-general was directed to establish post-offices and post routes and put