Tag Archives: Andrew Johnson

Lincoln’s Reconstruction Efforts

March 13, 1864 – Federal authorities tried implementing President Abraham Lincoln’s “Ten Percent Plan” in many states, including Louisiana, where Lincoln suggested for the first time that black men be given the right to vote.

In Florida, Lincoln’s private secretary (now major) John Hay had tried to register 10 percent of eligible voters pledging loyalty to the U.S. according to Lincoln’s plan. However, Floridians’ support for the Confederacy, coupled with the abortive Federal invasion in February, made Hay’s efforts a failure.

Hay announced, “I am very sure that we cannot now get the President’s 10th” in Florida. Newspapers critical of Lincoln accused him of wasting “2,000 men in a sordid attempt to manufacture for himself three additional (electoral) votes in the approaching Presidential election.”

Maj Gen Frederick Steele | Image Credit: CivilWarDailyGazette.com

In Arkansas, Major General Frederick Steele’s Federal troops supervised an election of delegates to a state constitutional convention. Only those who pledged loyalty to the U.S. in accordance with Lincoln’s “Ten Percent Plan” were permitted to vote. Not surprisingly, Unionists won overwhelming majorities.

Another election was held four days later, in which Unionist voters elected state officials and ratified a Unionist Arkansas constitution that included abolishing slavery and repudiating secession. The election, supervised by military force, consisted of less than a quarter of the total votes cast in the state in the 1860 canvass. The convention that had adopted the new constitution consisted of delegates from only half the counties in Arkansas.

On the 4th, the Senate confirmed the appointment of Andrew Johnson as Federal military governor of Tennessee. Johnson had been the only U.S. senator from a seceded state who refused to relinquish his seat. The next day, Johnson began the “process for State reconstruction” by calling for an election of county officials as soon as possible. Only those pledging loyalty to the U.S. would be permitted to vote. Johnson declared, “It is not expected that the enemies of the United States will propose to vote, nor is it intended that they be permitted to vote or hold office.”

In Louisiana, Michael Hahn became the new Unionist governor in accordance with Lincoln’s “Ten Percent Plan.” Hahn was a Bavarian immigrant and former Democrat who switched allegiances when Louisiana seceded; he eventually became one of the state’s greatest champions of slave emancipation. Over the past year, Lincoln had relied on Hahn to gauge the political atmosphere in Louisiana.

Major General Nathaniel P. Banks, commanding the Federal Army of the Gulf occupying New Orleans and other parts of Louisiana, had arranged elections for civil officials in which only those who swore allegiance to the U.S. could participate. The elections only took place in areas under Federal military occupation, thus ensuring Unionist results. Hahn won the governorship by portraying himself as a moderate between the conservative J.Q.A. Fellows and the radical Benjamin F. Flanders.

Michael Hahn | Image Credit: Wikipedia.org

The extravagant inaugural ceremonies included 1,000 singers from local army bands singing the “Anvil Chorus” in Lafayette Square. In his inaugural address, Hahn declared that “although the people of a State may err, a State, as a member of the American Union, cannot die.” He continued:

“The Union of these States, handed down by our revolutionary ancestors, is of more value than any falsely styled ‘State rights,’ especially when these ‘rights’ mean sectional institution, founded on a great moral, social and political evil, and inconsistent with the principles of free government. The institution of slavery is opposed alike to the rights of one race and the interests of the other; it is the cause of the present unholy attempt to break up our government; and, unpleasant as the declaration may sound to many of you, I tell you that I regard its universal and immediate extinction as a public and private blessing.”

Lincoln bestowed military powers onto new Governor Hahn in addition to his civil powers as governor, even though over 90 percent of Louisianan voters did not vote for him. Banks began arranging to stage another election, this time to elect delegates to a state convention that would rewrite the Louisiana constitution. It was a foregone conclusion that slavery would be abolished in the new constitution, but a debate raged over whether freed slaves should be allowed to vote.

In January, Lincoln had met delegates representing “the free people of color” of Louisiana, who presented a petition signed by over 1,000 blacks (27 of whom were veterans of the War of 1812) asking for Lincoln’s help in securing the right to vote. Impressed, Lincoln weighed in on the debate in a letter to Hahn. After congratulating him “as the first-free-state Governor of Louisiana,” the president wrote:

“I barely suggest for your private consideration, whether some of the colored people may not be let in–as, for instance, the very intelligent, and especially those who have fought gallantly in our ranks. They would probably help, in some trying time to come, to keep the jewel of liberty in the family of freedom.”

Lincoln closed by writing, “But this is only a suggestion, not to the public, but to you alone.” Many Radical Republicans who might have supported black suffrage boycotted the convention, while the remaining moderates and conservatives approved emancipation but would not grant political equality to the former slaves. However, they did approve a provision empowering the state legislature to allow blacks to vote if it chose to someday revisit the question.

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References

CivilWarDailyGazette.com; Davis, Jefferson, The Rise and Fall of the Confederate Government: All Volumes (Heraklion Press, Kindle Edition 2013, 1889), Loc 16597-605, 16850, 16885; Denney, Robert E., The Civil War Years: A Day-by-Day Chronicle (New York: Gramercy Books, 1992 [1998 edition]), p. 381; Donald, David Herbert, Lincoln (Simon & Schuster, Kindle Edition, 2011), Loc 10369; Faust, Patricia L., Historical Times Illustrated Encyclopedia of the Civil War (New York: Harper & Row, 1986, Patricia L. Faust ed.), p. 332; Foote, Shelby, The Civil War: A Narrative: Volume 2: Fredericksburg to Meridian (Vintage Civil War Library, Knopf Doubleday Publishing Group, Kindle Edition, 2011), p. 905; Foote, Shelby, The Civil War: A Narrative: Volume 3: Red River to Appomattox (Vintage Civil War Library, Knopf Doubleday Publishing Group, Kindle Edition, 2011), Loc 599-609, 1338-48; Fredriksen, John C., Civil War Almanac (New York: Checkmark Books, 2007), p. 405, 409-10; Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 472, 474-76; McPherson, James M., Battle Cry of Freedom: The Civil War Era (Oxford History of the United States Book 6, Oxford University Press, Kindle Edition, 1988), p. 705-07

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Eastern Tennessee: The Sevierville Engagement

January 26, 1864 – Federals and Confederates clashed for two days, resulting in minor victories for both sides in this forbidding region of eastern Tennessee.

Gen J.G. Foster | Image Credit: Wikimedia.org

Major General John G. Foster, commanding the Federal Army of the Ohio from Knoxville, had been pressured by his superior, Major General Ulysses S. Grant, to drive the enemy out of eastern Tennessee. A portion of Foster’s army had clashed with Lieutenant General James Longstreet’s Confederates at Dandridge, and Longstreet had threatened to pursue the Federals all the way back to Knoxville.

Foster feared that Longstreet might have been reinforced to the point that he could lay siege to Knoxville once more. But after receiving further information, Foster reported to Grant on the 22nd, “The enemy presses vigorously, and is about seven miles from town… I am now satisfied that Longstreet has been considerably re-enforced, but not large enough, I think, to warrant his renewing the siege of this place.” Scouts informed Foster that Longstreet’s Confederates still held Dandridge and had been reinforced by a division.

The next day, Federal scouts from Major General Jacob D. Cox’s XXIII Corps probed for nearby Confederates but could not find them. Foster reported that “the rebels have ceased to press vigorously.” With Longstreet no longer an immediate threat, Foster stated that it was “absolutely necessary that the army have rest.” He then informed Major General George H. Thomas, commanding the Army of the Cumberland at Chattanooga, that “the enemy has retired and I am now putting the tired troops in cantonment, where they may rest a little before the spring campaign.”

Foster placed IX Corps between Longstreet and Knoxville, and IV and XXIII corps on the Tennessee River, with the former at Kingston and the latter at Loudon. He continued complaining of supply shortages, stating that “the bread thus far received from Chattanooga has not amounted to one-tenth of the ration. We now have only enough for the hospitals.”

Meanwhile, Grant misinterpreted Foster’s messages to mean that Longstreet was still pursuing the Federals. He asked Foster if he could “organize a cavalry force to work its way past Longstreet south of him, to get into his rear and destroy railroad and transportation, or cannot (Orlando) Willcox (who temporarily commanded IX Corps) do this from the north?” If this could not be done, Grant ordered Foster to see that battle was “given where Longstreet is now.”

Grant then asked Thomas to send the rest of IV Corps to reinforce Foster, and “take the command in person, and on arrival at Knoxville to take command of all the forces” since Foster was suffering from a wound that made it “impossible for him to take the field. In justice to himself, and as I want Longstreet routed and pursued beyond the limits of the State of Tennessee, it is necessary to have a commander physically able for the task.”

Grant wired General-in-Chief Henry W. Halleck, who had pressed Grant to keep the Federal hold on eastern Tennessee:

“Foster telegraphs that Longstreet is still advancing toward Knoxville. I have directed him to get his cavalry to Longstreet’s rear, or give battle if necessary. I will send Thomas with additional troops to insure Longstreet’s being driven from the state.”

Andrew Johnson, Tennessee’s military governor, joined with Grant in urging a command change at Knoxville. However, Johnson did not have Thomas in mind. He wrote President Abraham Lincoln on the 24th, “I hope that it will be consistent with the public interest for General (Ambrose E.) Burnside to be sent back to East Tennessee. He is the man; the people want him; he will inspire more confidence than any other man at this time.” But Burnside had left the Army of the Ohio to oversee soldier recruitment in his native New England.

Gen S.D. Sturgis | Image Credit: Wikipedia.org

While the opposing infantries settled into tenuous winter quarters in eastern Tennessee, the opposing cavalries continued their foraging and scouting operations. Both Federals and Confederates operated around the French Broad River, skirmishing from time to time as the Federals held the south bank and the Confederates held the north. Brigadier General Samuel D. Sturgis, commanding the Federal cavalry, lamented that stripping the countryside of foodstuffs forced civilians to starve:

“I do not know that it can be avoided, but I may say that it is a pity that circumstances should compel us to entirely exhaust the country of these loyal people. If we remain here long they must suffer, and it will be impossible for them to raise anything next year. The necessity for pressing supplies leads immediately to plundering that soldiers find no difficulty in taking the step from the one to the other, and in spite of all I can do to the contrary. It is distressing to witness the sufferings of these people at the hands of the friends for whom they have been so long and so anxiously looking. You cannot help it; neither can I, and I only refer to it because my heart is full of it.”

Both sides had to venture farther and farther from their bases to find food, and soon Longstreet’s Confederates were out near Newport, some 15 miles east of their base. Moxley Sorrell, Longstreet’s aide-de-camp, advised, “As the enemy has now a large force on the south side of the French Broad, it will be necessary for your operations and movements to be conducted with great caution.”

Grant’s orders to drive Longstreet out of the region filtered down to Sturgis, commanding the Federal cavalry, who was to push the Confederates out of their winter quarters at Morristown and Russellville. Foster informed Grant that Sturgis was preparing to move, “but thus far he has found it impossible to execute it from the opposition met with and the worn-down condition of the horses. I do not think it practicable at this time to advance in force and attack Longstreet at Morristown.”

Foster then referred to his own condition, which was made worse by the terrible weather: “The sooner I obtain relief by an operation, the sooner I can return to active duty. Cannot I leave now for this purpose?” Grant briefly considered taking command himself as he began searching for a suitable replacement.

Foster did not want to fight Longstreet, but a fight was coming regardless. Sturgis left his base at Sevierville on the 26th, heading north and east toward Dandridge. As the Federals approached, Longstreet dispatched his cavalry under Major General William T. Martin to cross the French Broad and attack Sturgis’s rear. The Confederates rode to the Fair Gardens area, about 10 miles east of Sevierville.

As skirmishing began, Sturgis initially reported that the Confederates were “making no very determined assault.” However, Martin’s troopers eventually drove one of Sturgis’s regiments to the fork in the Sevierville road leading to either Fair Gardens or Newport.

A Confederate detachment attacked Federals under Colonel Frank Wolford northeast of Sevierville and pushed them toward the town as the day ended. Sturgis reported from Sevierville, “Many of his (Wolford’s) men came into this place and report that the enemy had infantry.” Sturgis began concentrating his cavalry while calling for infantry support. He wrote Foster, “The enemy is evidently very strong and exultant over their last few days’ operations. We will do the best we can, but I do not feel like promising much.”

By the next day, the Confederates had concentrated on the Newport road, with their line running from near the Dickey House southeast to McNutt’s Bridge on the Big East Fork of the Little Pigeon River. On the Federal side, Sturgis was now reinforced by three infantry regiments. Sturgis decided to act first and sent his Federals against Martin’s troopers.

Supported by artillery, the Federals pushed the Confederates back a mile before crossing the East Fork under cover of their guns. The two sides charged and countercharged, with neither giving ground as the Confederates made a stand near McNutt’s Bridge. Colonel Oscar La Grange’s Federal brigade charged a Confederate battery, and a group of soldiers rallied around their flag. According to La Grange, the guns were captured, “the drivers sabered, and the teams stopped in a deep cut within a quarter of a mile.”

Martin finally fell back to Fair Gardens. The Federals sustained 60 to 70 casualties, while the Confederates lost 312 (200 killed or wounded and 112 captured), along with two guns. Sturgis had defeated Longstreet’s cavalry using just one of his three cavalry divisions. Sturgis claimed, “In the whole day’s fighting their loss must be very large.” Longstreet confirmed this:

“General Martin had a severe cavalry fight on the 27th. He was driven back four miles, with a loss of 200 killed, wounded, and missing, and 2 pieces of artillery. The enemy’s cavalry has been greatly increased by the cavalry from Chattanooga. Most of the cavalry force from that place is now here… We can do but little while this superior cavalry force is here to operate on our flank and rear. Do send me a chief of cavalry.”

Sturgis declared, “We will pursue them until we drive them out of the country, or are driven out ourselves.”

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References

CivilWarDailyGazette.com; Fredriksen, John C., Civil War Almanac (New York: Checkmark Books, 2007), p. 391-92; Stanchak, John E., Historical Times Illustrated Encyclopedia of the Civil War (New York: Harper & Row, 1986, Patricia L. Faust ed.), p. 252-53

Reconstruction Gets Under Way in Tennessee

January 21, 1864 – Unionists assembled at Nashville and approved a resolution forming a constitutional convention to restore Tennessee to the Union.

17th U.S. President Andrew Johnson | Image Credit: learnnc.org

Military Governor Andrew Johnson, who attended the assembly, called upon the delegates to form a new government. He urged them, “Begin at the foundation, elect the lower officers, and, step by step, put the government in motion.”

Regarding who should be allowed to vote in the election for convention delegates, Johnson declared that anyone “who has engaged in this Rebellion has been, by his own act, expatriated” and thus had no right to suffrage “until he has filed his declaration and taken the oath of allegiance.” Johnson went further than other governors by equating Confederates with foreigners, but at the same time he opened a path for them to regain their rights as citizens.

Johnson hoped to encourage Confederates to lay down their arms and pledge loyalty to the Union by announcing that he was “for a white man’s Government, and in favor of free white qualified voters controlling this country, without regard to Negroes.”

As for the slavery issue, Johnson said, “Now is the time to settle it.” He alleged that the Confederates had “commenced the destruction of the Government for the preservation of slavery, and the Government is putting down the Rebellion, and, in the preservation of its own existence, has put slavery down, justly and rightfully, and upon correct principles.”

There was no need to debate emancipation, as it was already being done in Tennessee. According to Johnson, the main focus should now be on restoring a Unionist government while “leaving the Negroes out of the question.” After that, the next phase would be “assigning the Negro his new relation” to whites in society. And since slaves outnumbered free blacks in Tennessee, it should be as simple to “contain them in one condition as in another.”

Of the black man, Johnson asserted, “If he can rise by his own energies, in the name of God let him rise,” though he reminded his white Unionist audience that he did not “argue that the Negro race is equal to the Anglo-Saxon–not at all.” In keeping with President Abraham Lincoln’s policy of colonization, Johnson expressed hope that “the Negro will be transferred to Mexico, or some other country congenial to his nature, where there is not that difference in class or distinction, in reference to blood or color.”

After ranging over various other topics, Johnson returned to the task at hand of restoring Tennessee to the Union. He concluded, “Things have a beginning, and you have put the ball in motion.”

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References

CivilWarDailyGazette.com; Denney, Robert E., The Civil War Years: A Day-by-Day Chronicle (New York: Gramercy Books, 1992 [1998 edition]), p. 361; Fredriksen, John C., Civil War Almanac (New York: Checkmark Books, 2007), p. 391; Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 456

The Homestead Act

May 20, 1862 – President Abraham Lincoln signed a bill into law giving away 160-acre plots to settlers who agreed to tend to the land for five years.

President Abraham Lincoln | Image Credit: Wikimedia.org

President Abraham Lincoln | Image Credit: Wikimedia.org

Politicians had debated whether to give free land to settlers since before the U.S. Constitution was drafted in 1787. Southerners had generally opposed free land grants because they would expand the farm base and undercut the value of goods harvested on southern farms. Northerners, particularly Republicans, favored land grants because they encouraged immigration and westward expansion. Now that southern opposition in Congress was gone, the Republican majority approved “An Act to secure Homesteads to actual Settlers on the Public Domain.”

This law allowed U.S. citizens or immigrants, male or female, who were at least 21 years old to claim 160 acres if they pledged to live on it, improve upon it, and cultivate it for at least five years. The claimants could be under 21 if they were heads of households or had served at least two weeks in the military. The available land ranged from Michigan to the Dakota Territory (present-day North and South Dakota, and most of Montana and Wyoming).

Confederates or northerners who had “given aid or comfort” to the Confederates were not eligible to claim a homestead. Some argued that southerners should be included because the land being given away had been secured, at least partly, by southern efforts. Others saw it as a missed opportunity to encourage soldiers to desert the Confederate army in exchange for free land.

The claimants, or homesteaders, had to pay an $18 filing fee, or $10 to temporarily hold a plot. They were allowed to sell the land at $1.25 per acre if they fulfilled a six-month residency that included making some improvements. The terms would go into effect on January 1, 1863.

The Homestead Act fulfilled a key plank in the Republican Party’s platform, and it was strongly supported by Lincoln. It also received some support from key Democrats such as Senator Andrew Johnson of Tennessee, who saw it as a way for poor southern whites to escape from the rigid class structure in the South. Horace Greeley, prominent editor of the New York Tribune, praised the measure because he believed it would “give every poor man a home.”

Opponents argued that giving land away deprived the Federal Treasury of what could have been a large source of revenue to pay for war. Republicans opted to make up for the revenue shortfall by raising taxes and import tariffs. Anti-war politicians contended that the law aimed to entice immigrants into coming to the U.S. primarily so they could be unwittingly recruited into military service.

Within two years, homesteaders had claimed 1,261,000 acres under this law. This increased to three million acres by the war’s end, and 80 million acres claimed by nearly 600,000 homesteaders overall. This led to the agricultural and industrial development of future states west of the Mississippi River, and it helped encourage the great westward expansion (and large-scale immigration) after the war.

However, 420 of the 500 million acres given away went to speculators, cattlemen, miners, lumbermen, and railroad tycoons. Most urban laborers lacked the agricultural knowledge or the money to either pay the $10 temporary hold fee or buy farm equipment. Long-term military enlistees tried claiming homesteads after being discharged but found that the best land was already gone.

The children of homesteaders often claimed plots of their own and connected them to create large plantation-like farms like those in the South, at the expense of the small farmers. Ignorance of the landscape on the Great Plains also hindered settlement, as it was later discovered that at least 1,500 acres were often needed to successfully farm the arid region.

In the short-term, the Homestead Act increased the popularity of Lincoln and the Republicans, which had waned due to military setbacks and questionable war policies.

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References

“About the Homestead Act,” National Park Service (retrieved June 29, 2012); “AMERICAN HISTORY The Homestead Act – Creating Prosperity in America,” (Legends of America, retrieved June 29, 2012); Bolton, Charles C., Poor Whites of the Antebellum South: Tenants and Laborers in Central North Carolina and Northeast Mississippi (1993), p. 67; Denney, Robert E., The Civil War Years: A Day-by-Day Chronicle (New York: Gramercy Books, 1992 [1998 edition]), p. 173; Faust, Patricia L., Historical Times Illustrated Encyclopedia of the Civil War (New York: Harper & Row, 1986, Patricia L. Faust ed.), p. 367-68; Foner, Eric, Free Soil, Free Labor, Free Men: The Ideology of the Republican Party before the Civil War, 1970; Fredriksen, John C., Civil War Almanac (New York: Checkmark Books, 2007), p. 154-55; Hansen, Zeynep K., and Libecap, Gary D., “Small Farms, Externalities, and the Dust Bowl of the 1930s,” Journal of Political Economy (Volume: 112(3), November 21, 2003), p. 665-94; “Homesteader,” The Free Dictionary By Farlex (retrieved June 29, 2012 ); “Horace Greeley,” (Tulane University, August 13, 1999, retrieved 11-22-2007); Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 214; McElroy, Wendy, “The Free-Soil Movement, Part 1,” (The Future of Freedom Foundation, 2001), p. 1; McPherson, James M., Battle Cry of Freedom: The Civil War Era (Oxford History of the United States Book 6, Oxford University Press, Kindle Edition, 1988), p. 450-51; Phillips, Sarah T., “Antebellum Agricultural Reform, Republican Ideology, and Sectional Tension,” Agricultural History (74[4], 2000), p. 799–822; “The Florida Homestead Act of 1862,” Florida Homestead Services (2006, retrieved November 22, 2007), paragraphs 3, 6 and 13 (Includes data on the U.S. Homestead Act ); Trefousse, Hans L., Andrew Johnson: A Biography (Norton, 1989), p. 42; Ward, Geoffrey C., Burns, Ric, Burns, Ken, The Civil War (New York: Alfred A. Knopf, 1990), p. 127; White, Howard Ray, Bloodstains, An Epic History of the Politics that Produced and Sustained the American Civil War and the Political Reconstruction that Followed (Southernbooks, Kindle Edition, 2012), Q262

The Joint Committee on the Conduct of the War

December 9, 1861 – The U.S. Senate approved a measure creating a joint House-Senate military oversight committee whose investigative methods quickly proved controversial.

The recent Federal disaster at Ball’s Bluff had prompted many congressmen to push for creating some kind of a committee to investigate and hold someone responsible. Before such a committee had been formed, Congress sent messages to both Secretary of War Simon Cameron and General-in-Chief George B. McClellan “to ascertain who is responsible for the disastrous movement of our troops at Ball’s Bluff.” Both men similarly responded that “an inquiry on the subject of the resolution would, at this time, be injurious to the public service.” Forming a committee could be more effective in getting answers.

The day after Senate approval, the House of Representatives unanimously approved what became known as the Joint Committee on the Conduct of the Present War. This committee would “have power to send for persons and papers, and to sit during the recess of either house of Congress.” It consisted of three senators:

  • Republican Benjamin F. Wade of Ohio
  • Republican Zachariah Chandler of Michigan
  • Democrat Andrew Johnson of Tennessee

And four representatives:

  • Republican George Julian of Indiana
  • Republican Daniel Gooch of Massachusetts
  • Republican John Covode of Pennsylvania
  • Democrat Moses Odell of New York
Senator Benjamin Wade | Image Credit: CivilWarDailyGazette.com

Senator Benjamin Wade | Image Credit: CivilWarDailyGazette.com

Most Republicans on the committee identified themselves as Radicals, including committee chairman Wade. The Radicals distrusted McClellan, not only because he was a Democrat, but because he had not waged war against the Confederacy aggressively enough for them. Many Democrats denounced the committee as a “Jacobin” body intending to discredit military commanders who did not share their political views. Others praised the committee as a necessary organ to investigate widespread allegations of military incompetence, inefficiency, and corruption.

Committee members held secret hearings in the Capitol basement, divulging only selected portions of testimony to the press. Many witnesses were denied their basic constitutional rights, such as the right to legal counsel or to face accusers, and “evidence” was often based more on rumor than fact. The committee targeted several military commanders for removal more for their political beliefs than their performance in the field.

Nobody was beyond the committee’s reach, including President Lincoln himself. Lincoln had to testify in response to allegations that First Lady Mary Lincoln was “two thirds slavery and one third secesh” because she had several relatives in the Confederate army. Although Lincoln expressed relief that the members were “in a perfectly good mood,” Wade told him, “Mr. President, you are murdering your country by inches in consequence of the inactivity of the military and the want of a distinct policy in regard to slavery.”

This marked just the beginning of the committee’s reign as top inquisitor of the Federal war effort.

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References

Bailey, Ronald H., Forward to Richmond: McClellan’s Peninsular Campaign (Alexandria, VA: Time-Life Books, 1983), p. 65-66; CivilWarDailyGazette.com (multiple dates); Denney, Robert E., The Civil War Years: A Day-by-Day Chronicle (New York: Gramercy Books, 1992 [1998 edition]), p. 100; Donald, David Herbert, Lincoln (Simon & Schuster, Kindle Edition, 2011), Loc 6883-94; Foote, Shelby, The Civil War, A Narrative: Fort Sumter to Perryville (New York: Vintage Books, 1958), p. 108; Fredriksen, John C., Civil War Almanac (New York: Checkmark Books, 2007), p. 89; Goodwin, Doris Kearns, Team of Rivals: The Political Genius of Abraham Lincoln (New York: Simon and Schuster, 2005), p. 425; Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 147-48; McPherson, James M., Battle Cry of Freedom: The Civil War Era (Oxford History of the United States Book 6, Oxford University Press, Kindle Edition, 1988), p. 362; Stanchak, John E., Historical Times Illustrated Encyclopedia of the Civil War (New York: Harper & Row, 1986, Patricia L. Faust ed.), p. 188-89; Ward, Geoffrey C., Burns, Ric, Burns, Ken, The Civil War (New York: Alfred A. Knopf, 1990), p. 80-81; White, Howard Ray, Bloodstains, An Epic History of the Politics that Produced and Sustained the American Civil War and the Political Reconstruction that Followed (Southernbooks, Kindle Edition, 2012), Q461

The Crittenden-Johnson Resolution

July 25, 1861 – Congress approved a resolution defining the Federal government’s goals in the war.

The resolution had been initiated in the House of Representatives on July 22 by Congressman John J. Crittenden of Kentucky to define why the war was being prosecuted. The resolution consisted of two parts, or branches, which members voted on separately. The first branch stated:

“Resolved by the House of Representatives of the Congress of the United States, That the present deplorable civil war has been forced upon the country by the disunionists of the southern States now in revolt against the constitutional government, and in arms around the capital.”

Members approved this branch by a vote of 121-2. The dissenters, Henry C. Burnett of Kentucky and John W. Reid of Missouri, later joined the Confederacy.

The second branch stated:

“That in this national emergency, Congress, banishing all feelings of mere passion or resentment, will recollect only its duty to the whole country; that this war is not waged on their part in any spirit of oppression, or for any purpose of conquest or subjugation, or purpose of overthrowing or interfering with the rights or established institutions of those (Confederate) States, but to defend and maintain the supremacy of the Constitution, and to preserve the Union with all the dignity, equality, and rights of the several States unimpaired; and that as soon as these objects are accomplished the war ought to cease.”

Members approved this branch by a vote of 119-2, with John F. Potter of Wisconsin and Albert G. Riddle of Ohio dissenting. This reflected President Abraham Lincoln’s inaugural pledge to preserve the Union while not interfering with slavery where it already existed. Several Radical Republicans objected to the clause pledging non-interference with Confederate institutions (i.e., slavery) and many, such as Thaddeus Stevens of Pennsylvania, abstained from voting on the measure.

Three days later, the Senate approved the Crittenden Resolution, which became known as the Crittenden-Johnson Resolution with the sponsorship of Senator Andrew Johnson of Tennessee. The senators removed the House’s division between the resolution’s two “branches” and approved the measure by a vote of 30-5.

John J. Crittenden and Andrew Johnson | Image Credit: Wikipedia.org

John J. Crittenden and Andrew Johnson | Image Credit: Wikipedia.org

The resolution sought to highlight the view of most Federal authorities that the southern states had launched an unlawful rebellion, and that the conflict would end as soon as those states stopped rebelling. It also served to unite northern political parties by assuring Democrats that Lincoln and the Republicans would not interfere with slavery while waging war.

Several Radical Republicans approved this resolution, even though they went against its rhetoric by working to use the war to abolish slavery. Three Radical senators voted against the resolution, and 24 Radicals in the House and Senate abstained. Anti-war Democrats and Confederate sympathizers argued that the resolution was illogical because it promised to restore sovereignty to the states while violating that sovereignty by invading those same states.

Nevertheless, this became the only congressional declaration explaining why the Federal government was fighting the war. As such, it served as the only legal basis besides Lincoln’s executive actions, which political opponents argued infringed on the right of Congress, not the president, to make law.

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Sources

Davis, Jefferson, The Rise and Fall of the Confederate Government: All Volumes (Heraklion Press, Kindle Edition 2013, 1889), Loc 15063; Denney, Robert E., The Civil War Years: A Day-by-Day Chronicle (New York: Gramercy Books, 1992 [1998 edition]), p. 60-61; Donald, David Herbert, Lincoln (Simon & Schuster, Kindle Edition, 2011), Loc 6455; Fredriksen, John C., Civil War Almanac (New York: Checkmark Books, 2007), p. 50; Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 100-01; McPherson, James M., Battle Cry of Freedom: The Civil War Era (Oxford History of the United States Book 6, Oxford University Press, Kindle Edition, 1988), p. 312; Schweikart, Larry and Allen, Michael, A Patriot’s History of the United States (New York: Penguin Books, 2004), p. 315; White, Howard Ray, Bloodstains, An Epic History of the Politics that Produced and Sustained the American Civil War and the Political Reconstruction that Followed (Southernbooks, Kindle Edition, 2012), Q361; Wikipedia: Crittenden Johnson Resolution; Woods, Jr., Thomas E., The Politically Incorrect Guide to American History (Washington: Regnery Publishing, 2004), p. 65-66

The Special Session of the 37th U.S. Congress: Legislation

July 24, 1861 – The House of Representatives began considering a new form of direct taxation. In addition, Congress retroactively endorsed President Lincoln’s executive orders and approved recruiting one million three-year volunteers. Meanwhile, the War Department reluctantly accepted some 30,000 two-year volunteers from various states.

U.S. Capitol Building under construction, circa 1861 | Image Credit: Wikimedia.org

U.S. Capitol Building under construction, circa 1861 | Image Credit: Wikimedia.org

The predominantly Republican Congress opened debate on the loyalty of its members. The Senate approved measures expelling U.S. senators from Virginia, North Carolina, Arkansas, and Texas, along with one of the two senators from Tennessee. The House of Representatives approved the expulsion of Congressman John Clark of Missouri by a vote of 94-45. These measures were just a formality because those congressmen had already left to join the Confederacy.

The Senate retained the second senator from Tennessee–Andrew Johnson, who hailed from the predominantly Unionist region of eastern Tennessee. The Senate also seated two senators from “Unionist” Virginia who had been elected by the puppet legislature of the state’s northwestern counties. This legislature, elected by delegates to the Wheeling convention, declared allegiance to the U.S. and was recognized as legitimate by the Lincoln administration, despite its lack of support from most non-northwestern Virginians. The House of Representatives also admitted three congressmen elected by the Unionist Virginians.

To raise revenue for war, President Lincoln signed into law “An act to provide for the collection of duties on imports, and for other purposes.” This authorized the president to regulate trade with the Confederacy. Section 5 empowered Lincoln to allow trade with parts of Confederate states under Federal military occupation. This sanctioned the seizure of southern cotton for cotton-starved northern businesses. Section 9 authorized Federal courts to review claims on confiscated Confederate property.

Opponents of this law argued that it unconstitutionally regulated commerce within a state. Had the Lincoln administration considered the Confederacy to be a foreign nation, this bill could have been legally imposed under international law. However, Lincoln insisted that the Confederacy was merely a rebellious section of the U.S., and as such, under the Constitution the Federal government could not interfere with commerce within a state.

Lincoln also signed a bill into law authorizing a $250 million loan in bonds and treasury notes to the Federal government. According to Treasury Secretary Salmon P. Chase, this was needed to meet war expenditures, but it was not enough. The rest of the money needed to come from direct taxation.

The House Ways and Means Committee, chaired by Radical Republican Thaddeus Stevens of Pennsylvania, began consideration of a new kind of bill that provided for two forms of taxation: direct real estate taxes apportioned among the states based on population, and excise taxes on certain items such as liquor or bank notes. However, the bill met strong opposition from midwesterners, many of whom were farmers who would pay much more in real estate taxes than eastern merchants.

After rejecting several other proposals, committee members drafted a bill that would levy an income tax on individuals and corporations. This marked the first time that the Federal government drafted legislation to directly tax Americans, and many argued that it was unconstitutional. Proponents asserted that the revenue it would generate was badly needed during this wartime emergency.

Other major bills involved raising troops for the war. Lincoln signed two bills into law authorizing the recruitment of 500,000 volunteers each. The second bill offered each volunteer a $100-bonus if they served two years; this aimed to counter this month’s expiration of many 90-day enlistments. Another measure authorized the creation of military boards to inspect officers and remove those unqualified for command. Minimum criteria for competency were adopted, although some officers continued to be elected by their men or appointed by their home state governors.

Lincoln also endorsed confiscating “rebel” property without due process, improving the U.S. Marine Corps, creating the office of assistant secretary of the navy, and providing “for the temporary increase in the navy.” A law indemnified the states for war-related expenses. Another law defined what constituted conspiring to overthrow the Federal government and imposed penalties for such activity. The Republicans rejected bills proposing a peaceful settlement with the Confederacy.

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Sources

Davis, Jefferson, The Rise and Fall of the Confederate Government: All Volumes (Heraklion Press, Kindle Edition 2013, 1889), Loc 17547-82; Denney, Robert E., The Civil War Years: A Day-by-Day Chronicle (New York: Gramercy Books, 1992 [1998 edition]), p. 56-57; Fredriksen, John C., Civil War Almanac (New York: Checkmark Books, 2007), p. 43-44, 50-51; Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 93-96, 101-03; Longacre, Edward G., Historical Times Illustrated Encyclopedia of the Civil War (New York: Harper & Row, 1986, Patricia L. Faust ed.), p. 380; McPherson, James M., Battle Cry of Freedom: The Civil War Era (Oxford History of the United States Book 6, Oxford University Press, Kindle Edition, 1988), p. 298, 322, 327, 348; Pollard, Edward A., Southern History of the War (New York: The Fairfax Press, 1990), p. 98-99; Ward, Geoffrey C., Burns, Ric, Burns, Ken, The Civil War (New York: Alfred A. Knopf, 1990), p. 62-69