Of the several theories advanced. that held by President Lincoln was the first to receive atten tion. Early in 1862, large. portions of Louisiana, Arkansas, and Tennessee having been recovered by the Federal armies, the President appointed `military governors' in those districts with some what vague and undefined powers. In general they were to take the initiative in the movement to reestablish civil governments and prepare the way for representation in Congress. In his third annual message of December 6, 1S63, the Presi dent announced a more definite and systematic plan of reconstruction, to which was appended a proclamation of amnesty offering a full and complete pardon to all who would take an oath to support the Constitution of the United States and the Union of the States thereunder, as well as all acts of Congress passed during the war, and all proclamations of the President. with ref erence to the slaves. From the benefits of the amnesty were excluded certain classes of men who had held high military or civil offices under the Confederate Government or who had left the service of the United States to engage in the re bellion. He then proposed to restore the State governments in the seceded States to the am nestied class by declaring that whenever a num ber of persons not less than one-tentb of those who had cast votes in such State at the Presi dential election in 1S60 had taken the oath, if they were qualified voters by the State law in force at the time of secession, and had reestab lished a State government republican in form, such government should be recognized by the Executive as the true Government of the State. He said, however. that whether members sent to Congress from any State so reconstructed should be admitted to their seats rested exclusively with the two Houses. The proclamation did not apply to Virginia, both the President and Con gress having from the first recognized the loyal Pierpont Government at Alexandria as the true Government ; nor did it apply to i\lissouri and Kentucky. 'Ten per cent.' governments. so called. were accordingly established in Louisiana and Arkansas in the following year. Representatives were also elected to Congress. but when the new members from the reconstructed States appeared with their credentials neither House would admit them to seats. In Tennessee the President's plan of reconstruction was put into operation early in 1863. Representative's were chosen to Congress. but they were refused admission to their seats in December, 1865. In the meantime Congress had assumed the right to take in hand the matter of reconstruction, and had passed the Wade-Davis Bill, to which reference has already been made. In February, 1863. it also passed a resolution which prohibited the counting- of any electoral votes for President or Vice-President in the elec tion of 1864 from which had passed se cession ordinances. The refusal of the President to sign the Wade-Davis measure. and his proc lamation in regard to the subject in which he stated his objections to the setting aside of the constitutions and governments in Louisiana and _1rkansas. made a breach between the President and Congress inevitable.
After the assassination of President Lincoln, President Johnson took up the policy of his predecessor without material change, and on May 20th issued a proclamation of amnesty and pardon to all persons who had neglected to avail themselves of the benefits extended by the amnesty proclamation of President Lin coln. His proclamation of amnesty differed front that of President Lincoln only in the en largement of the classes of excepted persons. Be side. those who had held high rank in the Con federate military and civil service and those who had resigned positions in the service of the United States to enter the rebellion, and a few' other classes, President Johnson excluded all who had voluntarily taken part in any capacity in the Confederate service and who were the owners of taxable property of the value of more than $20, 000. Persons excluded front the benefits of the amnesty were allowed to make special application to the President, who promised that such clem ency would be extended as appeared to be con sistent with the facts of the case and the peace and dignity of the United States. By subsequent proclamations the President appointed provi sional Governors for the States of North Caro lina, Mississippi, Georgia, Alabama, South Caro lina, and Florida, and directed them to call stitutional conventions in their respective States for the purpose of restoring the said States to their constitutional relations with the United States. The heads of the several exeenfive de
partments were at the same time directed to put the laws of the United States into operation in these States, and the United States judges were required to open the courts and to proceed with the business on their dockets. President Johnson regarded the States of Virginia, Louisiana, Ar kansas, and Tennessee as already reconstructed, and therefore provisional Governors were not ap pointed for those States. During the summer autumn of 1565 conventions were held in all the States not yet reconstructed, except Texas; and when Congress assembled in Decem ber of that year they had all passed ordinances either 'repealing' the ordinances of secession or pronouncing them null and void aS iniAio; they had all abolished slavery by constitutional amend ment; and with one or two exceptions all had passed ordinances repudiating State debts in curred in aid of the rebellion. They had, more over, held elections for members of the legisla ture, for State officers, and for members of Con gress, and the Legislatures had met and with two o• three exceptions had chosen United States Senators and ratified the Thirteenth Amendment to the Constitution of the United States. When, therefore, Congress met in December, the Presi dent was able to inform that body that all the States except Texas, whose convention did not meet until March, 1S66, "had been reconstructed and were ready to resume their places in the. two branches of the National Legislature." Congress, however, did not accept the view of the President, but appointed a joint committee of nine Representatives and six Senators to inquire into the condition of the seceded States and to report by bill or otherwise whether any of them were en titled to representation in Congress. Pending the report of the committee and the action of Con gress thereon, it was resolved that no member should be received into either House from any State lately in arms against the United States. The chief reason for the rejection of the Presi dent's plan was the character of the police legis lation passed by several of the Southern Legisla tures in the autumn of 1865. On account of the general demoralization of the freedmen after emancipation, together with their habits of im pro•idence and shiftlessness, all the Southern States passed stringent police measures to pre vent disorder and pauperism among them. One of the chief objections urged against these laws was that in most eases they applied only to the negro race. In Mississippi, for instance, negroes were prohibited from renting or leasing land in incorporated towns and they were allowed to be competent witnesses only in cases at law in which they were parties. The Republicans in Congress professed to see in these measures an attempt to reenslave the freedmen of the South. In the meantime the Thirteenth Amendment, abolishing slavery, had secured the ratification of the requisite nunmbe• of States and had been pro mulgated by the Secretary of State as the law of the land. In MTh, IS66, Congress passed the Civil Rights Bill (q.v.) conferring the rights of citizenship upon the freedmen. This act estab lished complete equality in the enjoyment of civil rights for all citizens without respect to colo• o• race. On March 27th President Johnson vetoed the bill, but early in April Congress parsed it over his veto. About the same time Congress passed a measure to enlarge the powers of the Freedmen's Bureau (q.v.). It too was vetoed, and was not passed over the veto. In July another measure for the same purpose was passed, was vetoed by the President, and passed over his veto. In the meantime Congress was debating a proposition to tailwind the Constitution so as to place beyond the reach of any subse quent Congress the provisions of the Civil Rights Bill. In June the proposed amendment secured the necessary two-thirds majority of both Houses and was sent to the State Legislatures for ratifi cation.