CHAPTERIVTHE RESTORATION OF CIVIL GOVERNMENTWhileTennessee escaped both executive and congressional reconstruction, it did not follow in the restoration of its civil government the plan laid down by President Lincoln. The most distinctive feature of Lincoln’s reconstruction policy lay in the fact that it made the old political people in each of the Southern States self-acting nuclei, which were to bring order out of chaos. According to this theory, neither the President nor Congress had the power to reconstruct a State government. The people within a State alone had the right to initiate and carry into effect measures for the rehabilitation of the deranged governmental machinery. It was the duty of the President under Article IV, Section 4, of the Constitution, to see that their efforts in this direction did not prove abortive by reason of domestic violence.The germs of this policy may be seen in the instructions sent to the military governors. It was more fully developed in the amnesty proclamation of Dec. 8, 1863. By the terms of this proclamation, a general pardon was granted to all “who directly or by implication had participated in the rebellion, with certain exceptions specified, upon their taking an oath to henceforth support the Constitution of the United States, and abide by the proclamations of the President and the acts of Congress in relation to slavery.” It was further promised, “that whenever a number of persons in any of the rebel States, equal to not less than one tenth of the votes cast in such State in the presidential election of the year 1860, each having taken the oath aforesaid, and not having violated it, and being a qualified voter by the election law of the State existing immediately before the so-called act of secession, and excluding all others, shall establish a State government which shall be republican in form, and in nowise contravening said oath, such shall be recognized as the true government of the State.”This was, substantially, Lincoln’s plan for reconstruction. It was not carried out in any of the Southern States. In all, except Tennessee, it was succeeded by executive reconstruction under Johnson, which was in turn supplanted by congressional reconstruction. In Tennessee an entirely original plan was adopted. This plan shut out from participation in the work of organizing civil government, all those who had taken part in secession. An oath of past loyalty was made the test of political capacity. In short, the restored civil government in Tennessee was based solely on that portion of its inhabitants that had remained loyal to the Union. These Union men, or Radicals as they chose to call themselves, composed about one third of the population of the State, and represented about one fifth of the taxpayers. It will be the object of this chapter to trace the steps by which this small minority seized the reins of government and exercised for three years absolute control of the State.After the fall of Fort Donelson, on February 15, 1862, the greater part of Tennessee soon came into the possession of the Union army, president Lincoln immediately appointed Andrew Johnson military governor. Athough vested with almost unlimited powers, Governor Johnson had at first little opportunity for their exercise, as the Union army did not remain in peaceful possession of the State. Along the southern border raged the bloody battles of Shiloh, Chickamauga, and Missionary Ridge.By the fall of 1863, the tide of battle had rolled so far southward that the soil of Tennessee was at last free from contending armies. The time had now arrived for the restoration of civil government. But Governor Johnson felt secure in the exercise of his power only so long as it rested upon a military basis. He therefore seemed in no hurry to reorganize the State government. He contented himself with filling the vacant offices, most of which under the laws were elective, by the appointment of his political friends thereto.The leaders of the Union men in the State, the majority of whom were never in sympathy with Johnson, began to grow restive under his military dictatorship.In May, 1864, occurred Johnson’s nomination for the Vice-Presidency. He naturally desired to obtain the electoral vote of his own State. A Convention was therefore called to meet in Nashville for the purpose of nominating an electoral ticket. The Union leaders seized the opportunity which the Convention presented for perfecting an organization of the Union party. A committee was appointed by the Convention, and empowered to issue a call for a second Convention.The second Convention was called to meet in Nashville, Dec. 19, 1864. It failed to convene on the day appointed, as Nashville was at that time threatened by Hood’s army. The defeat of the Confederate forces in the battle of Nashville removed the danger, and the Convention came together on the third day of January, 1865.The work of the Convention was summed up in the passage of one resolution.[9]The first section contained this statement of the authority under which it claimed to act: “Whereas the first article and the first section of the Declaration of Rights in the Constitution of the State of Tennessee declares, ‘That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and that for the advancement of these ends they have at all times an inalienable and indefeasable right to alter, reform, or amend the governments as they may think proper,’ We, the people of Tennessee, in Convention assembled, do propose the following alterations and amendments to the Constitution, which, when ratified by the sovereign loyal people shall be and constitute a permanent part of the Constitution of Tennessee.“ This assertion of constituent powers by the Convention was purely a revolutionary act. The Constitution could be legally changed only in the manner prescribed by the Constitution itself. In the third section of the eleventh article, it provided that all amendments must originate with the State Legislature. In no sense could the Convention be held to represent the Legislature. It was therefore in the eyes of the law a body of private citizens.The second section of the resolution passed by the Convention contained the proposed amendments. The most important were: the abolition of slavery, the declaration of the invalidity of the secession acts, and an article giving the Legislature the power to determine the suffrage. It was further provided that these amendments should be submitted to a vote of the people, and if ratified by the majority of those voting, the military governor was ordered to hold an election for Governor and Legislature. All voters should be required to take the following oath: “I solemnly swear that I will henceforth support the Constitution of the United States, and defend it against the assaults of all its enemies; that I am an active friend of the government of the United States, and the enemy of the so-called Confederate States; that I ardently desire the suppression of the present rebellion against the United States; that I rejoice in the triumph of the armies and navies of the United States, and in the defeat of the armies, navies, and all other armed combinations of the so-called Confederate States; that I will cordially oppose all armistices or negotiations for peace with rebels in arms until the Constitution of the United States and all laws and proclamations made in pursuance thereof, shall be established over all the people of every State and territory embraced within the national Union; and that I will heartily aid and assist the loyal people in whatever measures may be adopted for the attainment of these ends; and further, that I take this oath freely and voluntarily and without mental reservation, so help me God.”This test oath marks the first grave departure from President Lincoln’s plan. He had suggested a simple oath “to henceforth” support the Constitution on the principle, as he expressed in his message to Congress, that “that test is a sufficient one which accepts as sound whoever will make a sworn recantation of his former unsoundness.” This test oath, framed by the Convention, went much further and virtually disfranchised all who had served in the Confederate army.The Convention completed its labors by nominating a candidate for Governor, and a general ticket for the Legislature. It thus combined the functions of a political and constitutional convention.Governor Johnson now had no motive for delaying the reorganization of the State government, as it was only a month until his inauguration as Vice-President. He thereupon gave force to the action of the Convention by a proclamation ordering a vote of the people to be taken in the mode prescribed by the Convention. The election was held on February22d, and resulted in 25,293 for, 48 against. On February 25th, Johnson issued a second proclamation declaring the amendment ratified, and ordering an election for Governor and Legislature. The second election occurred on the 4th of March. W. G. Brownlow, the candidate for Governor, received 23,352 votes against 35 scattering. The legislative candidates received the same number of votes as the election was by general ticket.In the presidential election of 1860 the vote of the State was 145,000. Johnson therefore held that Tennessee had fulfilled the 10 per cent. requirement of Lincoln’s amnesty proclamation. He issued a final proclamation in which he attempted to set the stamp of legality upon the newly elected Governor and Legislature.The energies of the new State government were immediately directed toward securing the continued ascendancy of the Union party. This was at first an easy matter, as one of the new amendments to the Constitution had given the Legislature the power of determining the suffrage qualifications.The Legislature convened on the2dof April. On the 7th Brownlow was inaugurated. His message contained the following brief reference to the all-important question of the franchise: “While I would not recommend you to give way to the impulse of vengeance any more than to the appeals of sympathy and pity, I would urge you to guard the ballot-box faithfully and effectually against the approach of treason, no matter in what character it may come.”[10]Most of the Union leaders in the Legislature desired the absolute disfranchisement of the “rebels,” but it was feared so extreme a measure would arouse hostility in Congress to seating the Representatives from Tennessee. A compromise bill, known as the Arnell Bill,[11]was finally passed. By its provisions the right to vote was restricted to the following persons: “White men over twenty-one years old, who were publicly known to have entertained unconditional Union sentiment from the outbreak of the Rebellion, or who arrived at age since March 4, 1866, and who had not been engaged in armed rebellion against the United States Government, also those who had served in the Federal army, and been honorably discharged, those who had been conscripted by force in the Confederate army, and were known to be Union men, and all those who had voted at the election in March and February, 1865.” All other persons were disfranchised. For all persons who had held civil or diplomatic office under the Confederate Government, or who had held military offices above the ranks of captain in the Confederate army, or lieutenant in the Confederate navy, also for those who had resigned from the Congress of the United States, or the army or navy of the United States, the term of disfranchisement was for fifteen years. For all other persons from whom the suffrage was withheld the disfranchisement was to last only four years.The first election to occur after the passage of the Arnell Franchise Law, was the congressional election of August 3, 1865. All the candidates were Union men, but one set represented the conservative element which opposed disfranchisement and tests oaths. The Radicals felt perfectly confident of defeating the Conservatives, if the provisions of the new law were carried out. But it soon became evident that the Radicals had much to fear both from open violation of the law, and secret intimidation of the voter. Governor Brownlow, on the 10th of July, issued a proclamation declaring “that all who had banded together to defeat the franchise law would be dealt with as rebels.”The election passed off without violence. On the 10th of August, before all the returns were in, Governor Brownlow requested the clerks and sheriffs to give him information as to illegal voting. On the information thus received, he cast out the vote of twenty-five counties. Notwithstanding this action of the Governor, four of the Conservatives were elected.The August election demonstrated to the Union party the necessity of enacting a more efficient machinery for executing the election laws. On January 19, 1866, a new franchise bill was introduced in the Legislature.[12]It made the disfranchisement of the ex-Confederates perpetual. It also established the office of the Commissioner of Registration in each county, and required that certificates of registration issued by these commissioners should be presented by every voter in all elections, municipal, county, and State. The power of appointing and removing these commissioners was given to the Governor. He was also authorized to cast out any registration he considered illegal. This made him absolute judge of elections. The bill was passed May 3, 1866. It was amended in November so as to give the suffrage to the negro. The ascendancy of the Union party in Tennessee was now secured, so far as State statute could accomplish this result.[9]Laws of Tennessee, 1865, Introductory Documents,p.3.[10]Laws of Tennessee, 1865, 1-15.[11]Ibid.,p.32.[12]Acts of Tennessee, 1866-67,p.26.
WhileTennessee escaped both executive and congressional reconstruction, it did not follow in the restoration of its civil government the plan laid down by President Lincoln. The most distinctive feature of Lincoln’s reconstruction policy lay in the fact that it made the old political people in each of the Southern States self-acting nuclei, which were to bring order out of chaos. According to this theory, neither the President nor Congress had the power to reconstruct a State government. The people within a State alone had the right to initiate and carry into effect measures for the rehabilitation of the deranged governmental machinery. It was the duty of the President under Article IV, Section 4, of the Constitution, to see that their efforts in this direction did not prove abortive by reason of domestic violence.
The germs of this policy may be seen in the instructions sent to the military governors. It was more fully developed in the amnesty proclamation of Dec. 8, 1863. By the terms of this proclamation, a general pardon was granted to all “who directly or by implication had participated in the rebellion, with certain exceptions specified, upon their taking an oath to henceforth support the Constitution of the United States, and abide by the proclamations of the President and the acts of Congress in relation to slavery.” It was further promised, “that whenever a number of persons in any of the rebel States, equal to not less than one tenth of the votes cast in such State in the presidential election of the year 1860, each having taken the oath aforesaid, and not having violated it, and being a qualified voter by the election law of the State existing immediately before the so-called act of secession, and excluding all others, shall establish a State government which shall be republican in form, and in nowise contravening said oath, such shall be recognized as the true government of the State.”
This was, substantially, Lincoln’s plan for reconstruction. It was not carried out in any of the Southern States. In all, except Tennessee, it was succeeded by executive reconstruction under Johnson, which was in turn supplanted by congressional reconstruction. In Tennessee an entirely original plan was adopted. This plan shut out from participation in the work of organizing civil government, all those who had taken part in secession. An oath of past loyalty was made the test of political capacity. In short, the restored civil government in Tennessee was based solely on that portion of its inhabitants that had remained loyal to the Union. These Union men, or Radicals as they chose to call themselves, composed about one third of the population of the State, and represented about one fifth of the taxpayers. It will be the object of this chapter to trace the steps by which this small minority seized the reins of government and exercised for three years absolute control of the State.
After the fall of Fort Donelson, on February 15, 1862, the greater part of Tennessee soon came into the possession of the Union army, president Lincoln immediately appointed Andrew Johnson military governor. Athough vested with almost unlimited powers, Governor Johnson had at first little opportunity for their exercise, as the Union army did not remain in peaceful possession of the State. Along the southern border raged the bloody battles of Shiloh, Chickamauga, and Missionary Ridge.
By the fall of 1863, the tide of battle had rolled so far southward that the soil of Tennessee was at last free from contending armies. The time had now arrived for the restoration of civil government. But Governor Johnson felt secure in the exercise of his power only so long as it rested upon a military basis. He therefore seemed in no hurry to reorganize the State government. He contented himself with filling the vacant offices, most of which under the laws were elective, by the appointment of his political friends thereto.
The leaders of the Union men in the State, the majority of whom were never in sympathy with Johnson, began to grow restive under his military dictatorship.
In May, 1864, occurred Johnson’s nomination for the Vice-Presidency. He naturally desired to obtain the electoral vote of his own State. A Convention was therefore called to meet in Nashville for the purpose of nominating an electoral ticket. The Union leaders seized the opportunity which the Convention presented for perfecting an organization of the Union party. A committee was appointed by the Convention, and empowered to issue a call for a second Convention.
The second Convention was called to meet in Nashville, Dec. 19, 1864. It failed to convene on the day appointed, as Nashville was at that time threatened by Hood’s army. The defeat of the Confederate forces in the battle of Nashville removed the danger, and the Convention came together on the third day of January, 1865.
The work of the Convention was summed up in the passage of one resolution.[9]The first section contained this statement of the authority under which it claimed to act: “Whereas the first article and the first section of the Declaration of Rights in the Constitution of the State of Tennessee declares, ‘That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and that for the advancement of these ends they have at all times an inalienable and indefeasable right to alter, reform, or amend the governments as they may think proper,’ We, the people of Tennessee, in Convention assembled, do propose the following alterations and amendments to the Constitution, which, when ratified by the sovereign loyal people shall be and constitute a permanent part of the Constitution of Tennessee.“ This assertion of constituent powers by the Convention was purely a revolutionary act. The Constitution could be legally changed only in the manner prescribed by the Constitution itself. In the third section of the eleventh article, it provided that all amendments must originate with the State Legislature. In no sense could the Convention be held to represent the Legislature. It was therefore in the eyes of the law a body of private citizens.
The second section of the resolution passed by the Convention contained the proposed amendments. The most important were: the abolition of slavery, the declaration of the invalidity of the secession acts, and an article giving the Legislature the power to determine the suffrage. It was further provided that these amendments should be submitted to a vote of the people, and if ratified by the majority of those voting, the military governor was ordered to hold an election for Governor and Legislature. All voters should be required to take the following oath: “I solemnly swear that I will henceforth support the Constitution of the United States, and defend it against the assaults of all its enemies; that I am an active friend of the government of the United States, and the enemy of the so-called Confederate States; that I ardently desire the suppression of the present rebellion against the United States; that I rejoice in the triumph of the armies and navies of the United States, and in the defeat of the armies, navies, and all other armed combinations of the so-called Confederate States; that I will cordially oppose all armistices or negotiations for peace with rebels in arms until the Constitution of the United States and all laws and proclamations made in pursuance thereof, shall be established over all the people of every State and territory embraced within the national Union; and that I will heartily aid and assist the loyal people in whatever measures may be adopted for the attainment of these ends; and further, that I take this oath freely and voluntarily and without mental reservation, so help me God.”
This test oath marks the first grave departure from President Lincoln’s plan. He had suggested a simple oath “to henceforth” support the Constitution on the principle, as he expressed in his message to Congress, that “that test is a sufficient one which accepts as sound whoever will make a sworn recantation of his former unsoundness.” This test oath, framed by the Convention, went much further and virtually disfranchised all who had served in the Confederate army.
The Convention completed its labors by nominating a candidate for Governor, and a general ticket for the Legislature. It thus combined the functions of a political and constitutional convention.
Governor Johnson now had no motive for delaying the reorganization of the State government, as it was only a month until his inauguration as Vice-President. He thereupon gave force to the action of the Convention by a proclamation ordering a vote of the people to be taken in the mode prescribed by the Convention. The election was held on February22d, and resulted in 25,293 for, 48 against. On February 25th, Johnson issued a second proclamation declaring the amendment ratified, and ordering an election for Governor and Legislature. The second election occurred on the 4th of March. W. G. Brownlow, the candidate for Governor, received 23,352 votes against 35 scattering. The legislative candidates received the same number of votes as the election was by general ticket.
In the presidential election of 1860 the vote of the State was 145,000. Johnson therefore held that Tennessee had fulfilled the 10 per cent. requirement of Lincoln’s amnesty proclamation. He issued a final proclamation in which he attempted to set the stamp of legality upon the newly elected Governor and Legislature.
The energies of the new State government were immediately directed toward securing the continued ascendancy of the Union party. This was at first an easy matter, as one of the new amendments to the Constitution had given the Legislature the power of determining the suffrage qualifications.
The Legislature convened on the2dof April. On the 7th Brownlow was inaugurated. His message contained the following brief reference to the all-important question of the franchise: “While I would not recommend you to give way to the impulse of vengeance any more than to the appeals of sympathy and pity, I would urge you to guard the ballot-box faithfully and effectually against the approach of treason, no matter in what character it may come.”[10]
Most of the Union leaders in the Legislature desired the absolute disfranchisement of the “rebels,” but it was feared so extreme a measure would arouse hostility in Congress to seating the Representatives from Tennessee. A compromise bill, known as the Arnell Bill,[11]was finally passed. By its provisions the right to vote was restricted to the following persons: “White men over twenty-one years old, who were publicly known to have entertained unconditional Union sentiment from the outbreak of the Rebellion, or who arrived at age since March 4, 1866, and who had not been engaged in armed rebellion against the United States Government, also those who had served in the Federal army, and been honorably discharged, those who had been conscripted by force in the Confederate army, and were known to be Union men, and all those who had voted at the election in March and February, 1865.” All other persons were disfranchised. For all persons who had held civil or diplomatic office under the Confederate Government, or who had held military offices above the ranks of captain in the Confederate army, or lieutenant in the Confederate navy, also for those who had resigned from the Congress of the United States, or the army or navy of the United States, the term of disfranchisement was for fifteen years. For all other persons from whom the suffrage was withheld the disfranchisement was to last only four years.
The first election to occur after the passage of the Arnell Franchise Law, was the congressional election of August 3, 1865. All the candidates were Union men, but one set represented the conservative element which opposed disfranchisement and tests oaths. The Radicals felt perfectly confident of defeating the Conservatives, if the provisions of the new law were carried out. But it soon became evident that the Radicals had much to fear both from open violation of the law, and secret intimidation of the voter. Governor Brownlow, on the 10th of July, issued a proclamation declaring “that all who had banded together to defeat the franchise law would be dealt with as rebels.”
The election passed off without violence. On the 10th of August, before all the returns were in, Governor Brownlow requested the clerks and sheriffs to give him information as to illegal voting. On the information thus received, he cast out the vote of twenty-five counties. Notwithstanding this action of the Governor, four of the Conservatives were elected.
The August election demonstrated to the Union party the necessity of enacting a more efficient machinery for executing the election laws. On January 19, 1866, a new franchise bill was introduced in the Legislature.[12]It made the disfranchisement of the ex-Confederates perpetual. It also established the office of the Commissioner of Registration in each county, and required that certificates of registration issued by these commissioners should be presented by every voter in all elections, municipal, county, and State. The power of appointing and removing these commissioners was given to the Governor. He was also authorized to cast out any registration he considered illegal. This made him absolute judge of elections. The bill was passed May 3, 1866. It was amended in November so as to give the suffrage to the negro. The ascendancy of the Union party in Tennessee was now secured, so far as State statute could accomplish this result.
[9]Laws of Tennessee, 1865, Introductory Documents,p.3.
[10]Laws of Tennessee, 1865, 1-15.
[11]Ibid.,p.32.
[12]Acts of Tennessee, 1866-67,p.26.