Wednesday, May 30, 2007

More on American Cival War Results

The Status of the Freedmen. Even more intricate than the issues
involved in restoring the seceded states to the union was the question
of what to do with the newly emancipated slaves. That problem, often put
to abolitionists before the war, had become at last a real concern. The
thirteenth amendment abolishing slavery had not touched it at all. It
declared bondmen free, but did nothing to provide them with work or
homes and did not mention the subject of political rights. All these
matters were left to the states, and the legislatures of some of them,
by their famous "black codes," restored a form of servitude under the
guise of vagrancy and apprentice laws. Such methods were in fact partly
responsible for the reaction that led Congress to abandon Lincoln's
policies and undertake its own program of reconstruction.

Still no extensive effort was made to solve by law the economic problems
of the bondmen. Radical abolitionists had advocated that the slaves when
emancipated should be given outright the fields of their former
masters; but Congress steadily rejected the very idea of confiscation.
The necessity of immediate assistance it recognized by creating in 1865
the Freedmen's Bureau to take care of refugees. It authorized the issue
of food and clothing to the destitute and the renting of abandoned and
certain other lands under federal control to former slaves at reasonable
rates. But the larger problem of the relation of the freedmen to the
land, it left to the slow working of time.

Against sharp protests from conservative men, particularly among the
Democrats, Congress did insist, however, on conferring upon the freedmen
certain rights by national law. These rights fell into broad divisions,
civil and political. By an act passed in 1866, Congress gave to former
slaves the rights of white citizens in the matter of making contracts,
giving testimony in courts, and purchasing, selling, and leasing
property. As it was doubtful whether Congress had the power to enact
this law, there was passed and submitted to the states the fourteenth
amendment which gave citizenship to the freedmen, assured them of the
privileges and immunities of citizens of the United States, and declared
that no state should deprive any person of his life, liberty, or
property without due process of law. Not yet satisfied, Congress
attempted to give social equality to negroes by the second civil rights
bill of 1875 which promised to them, among other things, the full and
equal enjoyment of inns, theaters, public conveyances, and places of
amusement--a law later declared unconstitutional by the Supreme Court.

The matter of political rights was even more hotly contested; but the
radical Republicans, like Charles Sumner, asserted that civil rights
were not secure unless supported by the suffrage. In this same
fourteenth amendment they attempted to guarantee the ballot to all negro
men, leaving the women to take care of themselves. The amendment
declared in effect that when any state deprived adult male citizens of
the right to vote, its representation in Congress should be reduced in
the proportion such persons bore to the voting population.

This provision having failed to accomplish its purpose, the fifteenth
amendment was passed and ratified, expressly declaring that no citizen
should be deprived of the right to vote "on account of race, color, or
previous condition of servitude." To make assurance doubly secure,
Congress enacted in 1870, 1872, and 1873 three drastic laws, sometimes
known as "force bills," providing for the use of federal authorities,
civil and military, in supervising elections in all parts of the Union.
So the federal government, having destroyed chattel slavery, sought by
legal decree to sweep away all its signs and badges, civil, social, and
political. Never, save perhaps in some of the civil conflicts of Greece
or Rome, had there occurred in the affairs of a nation a social
revolution so complete, so drastic, and far-reaching in its results.