Tag Archives: Wade-Davis Bill

The Wade-Davis Bill: Executive Response

July 4, 1864 – President Abraham Lincoln was presented with a bill outlining the congressional plan for reconstructing the Union, and his reaction outraged many.

After the Wade-Davis Reconstruction Bill passed both chambers of Congress, Radical Congressmen Thaddeus Stevens, Elihu Washburne, and John L. Dawson visited Lincoln at the White House to urge him to sign it into law. They returned to the Capitol and informed their fellow Radicals there was a good chance that Lincoln would not. An old friend from Illinois, Radical Congressman Jesse O. Norton, felt the same way after speaking with Lincoln, but there was “no use trying to prevent it.”

16th U.S. President Abraham Lincoln | Image Credit: histmag.org

On the last day of the congressional session, Lincoln went to his Capitol office to sign the last-minute bills into law. He signed several, including a repeal of the Fugitive Slave Act and a repeal of the Enrollment Act provision allowing draftees to pay $300 to avoid conscription. But he set the Wade-Davis bill aside. Senator Zachariah Chandler of Michigan asked him if he would sign it. Lincoln replied, “Mr. Chandler, this bill was placed before me a few minutes before Congress adjourns. It is a matter of too much importance to be swallowed in that way.”

Chandler warned, “If it is vetoed, it will damage us fearfully in the Northwest. The important point is the one prohibiting slavery in the reconstructed states.” Lincoln said, “That is the point on which I doubt the authority of Congress to act.” Chandler countered, “It is no more than you have done yourself.” Lincoln replied, “I conceive that I may in an emergency do things on military grounds which cannot be done constitutionally by Congress.” Chandler angrily left. Lincoln then explained to the remaining congressmen in the room his chief objection to the measure:

“This bill and the position of these gentlemen seem to me, in asserting that the insurrectionary States are no longer in the Union, to make the fatal admission that States, whenever they please, may of their own motion dissolve their connection with the Union. Now we cannot survive that admission, I am convinced.

“If that be true, I am not President; these gentlemen are not Congress. I have laboriously endeavored to avoid that question ever since it first began to be mooted, and thus to avoid confusion and disturbance in our own councils. It was to obviate this question that I earnestly favored the movement for an amendment to the Constitution abolishing slavery, which passed the Senate and failed in the House.

“I thought it much better, if it were possible, to restore the Union without the necessity of a violent quarrel among its friends as to whether certain States have been in or out of the Union during the war–a merely metaphysical question, and one unnecessary to be forced into discussion.”

Leaving the Capitol, Lincoln was warned that failing to endorse the bill might cost him reelection in November. He responded, “If they choose to make a point upon this I do not doubt that they can do harm. They have never been friendly to me and I don’t know that this will make any special difference as to that. At all events, I must keep some consciousness of being somewhere near right; I must keep some standard of principle fixed within myself.” The congressional session ended without Lincoln’s signature on the Wade-Davis bill, thus killing the measure via a pocket veto.

On the 8th, Lincoln issued a public statement explaining why he refused to sign the bill into law. He wrote that he would not “be inflexibly committed to any single plan of restoration,” nor would he accept “that the free-state constitutions and governments, already adopted and installed in Arkansas and Louisiana, shall be set aside and held for naught, thereby repelling and discouraging the loyal citizens who have set up the same, as to further effort.”

Lincoln also refused to acknowledge “a constitutional competency in Congress to abolish slavery in States,” instead “sincerely hoping and expecting that a constitutional amendment, abolishing slavery throughout the nation, may be adopted.”

To appease the Radicals, Lincoln wrote that he was “fully satisfied with the system for restoration contained in the Bill, as one very proper plan for the loyal people of any State choosing to adopt it,” and he offered to provide “Executive aid and assistance to any such people, so soon as the military resistance to the United States shall have been suppressed in any such State.”

This was meaningless because no state would voluntarily choose to adopt the punitive Wade-Davis bill on its own. Radicals already outraged by Lincoln’s veto became even more incensed by Lincoln’s empty pledge to enforce the bill in states that voluntarily adopted it. Thaddeus Stevens fumed, “What an infamous proclamation! The idea of pocketing a bill and then issuing a proclamation as to how far he will conform to it!”

The congressional recess would not stop the Radicals from plotting revenge against the president.

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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. 432; Donald, David Herbert, Lincoln (Simon & Schuster, Kindle Edition, 2011), Loc 10855-98; Faust, Patricia L., Historical Times Illustrated Encyclopedia of the Civil War (New York: Harper & Row, 1986, Patricia L. Faust ed.), p. 794-95; 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 9674-715; Fredriksen, John C., Civil War Almanac (New York: Checkmark Books, 2007), p. 464, 466; Goodwin, Doris Kearns, Team of Rivals: The Political Genius of Abraham Lincoln (New York: Simon and Schuster, 2005), p. 639; Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 532-33, 535; 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. 712-13; Murphy, Richard W., The Nation Reunited: War’s Aftermath (Alexandria, VA: Time-Life Books, 1983), p. 30

The Wade-Davis Bill: Congressional Reconstruction

July 3, 1864 – The U.S. Congress passed a measure that aimed to supersede President Abraham Lincoln’s “Ten Percent Plan” for bringing Confederate states back into the Union after the war.

In December 1863, Lincoln had presented a plan whereby Confederate states could return to the Union if 10 percent of their registered voters swore loyalty to the Union and elected delegates to a constitutional convention that would abolish slavery and repudiate secession. Many members of Congress, especially the Radical Republicans, denounced this plan as too lenient for the “treasonous rebels.” Perhaps more importantly, they opposed any plan that would allow the president, and not Congress, to make the rules.

Congressman Henry W. Davis of Maryland, chairman of the House Committee on the Rebellious States, introduced a congressional reconstruction measure in January. Davis, who feuded with the prominent Blair family (which supported Lincoln) over political power in Maryland, sought to place Congress in charge of restoring the Union. And while Lincoln sought to begin the restoration process immediately, Davis’s plan would not go into effect until the war ended.

Sen. B.F. Wade and Rep. H.W. Davis | Image Credit: Wikipedia.org

Under this plan, a state could begin its restoration process only after 50 percent of its registered voters swore loyalty. And while Lincoln’s oath involved promising prospective loyalty to the Union, Davis’s oath required men to swear they had never voluntarily supported the Confederacy. This meant that northerners would have to move into these states because none of them had half their voters oppose the Confederacy from the beginning.

Davis’s bill called for the president to appoint military governors to rule the Confederate states until the loyal registered voters elected delegates to constitutional conventions. These conventions were required to abolish slavery, and repudiate secession and the war debt.

It also called for the abolition of slavery, even though a constitutional amendment abolishing slavery (which Lincoln supported) was defeated in June. But the bill did not go as far as some Radicals went in calling for giving freed slaves the right to vote. In fact, Lincoln had already urged Governor Michael Hahn of Louisiana to consider granting suffrage to slaves and free blacks in his state.

The measure also banned all Confederate officials and military personnel from voting or holding public office. Only when all these conditions were met could the president declare the state restored the Union, and the declaration required congressional consent. Once restored, the state would be granted its representation in Congress and the Electoral College.

The bill came under House debate in March, when Davis railed against Lincoln and his Ten Percent Plan. Davis declared that until Congress recognized “a state government organized under its auspices, there is no government in the rebel states except the authority of Congress.” Davis also condemned Lincoln’s Emancipation Proclamation, which he called “a political trick” because it technically freed no slaves.

The House, divided between Radicals supporting Davis and conservatives supporting Lincoln (as well as a small group of Democrats both for and against the war) passed the bill in May by a vote of 73 to 59. Leading Radical Thaddeus Stevens of Pennsylvania voted against the measure because he thought it too lenient.

The bill next went to the Senate, where it was taken up by a committee chaired by Radical Republican Benjamin Wade of Ohio. As the congressional session was set to expire on July 3, Wade scrambled to bring the bill to the Senate floor on the 1st for debate. By that time, many senators had already returned to their home states; 20 were absent when the bill passed in the late hours of the 3rd by a vote of 18 to 14. All non-Republicans opposed the measure.

The bill reflected the Radicals’ continuing opposition not only to Lincoln’s view of reconstruction, but also to Lincoln’s reelection, which could be secured by the electoral votes of the three states that had been restored to the Union according to Lincoln’s Ten Percent Plan (Tennessee, Louisiana, and Arkansas). Both the executive and legislative reconstruction plans called into question whether the Federal government had the authority to force states to amend their constitutions.

Since the bill passed both chambers of Congress by far less than the two-thirds majority needed to override a presidential veto, it would require Lincoln’s signature to become law.

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References

CivilWarDailyGazette.com; Donald, David Herbert, Lincoln (Simon & Schuster, Kindle Edition, 2011), Loc 10855-77; Faust, Patricia L., Historical Times Illustrated Encyclopedia of the Civil War (New York: Harper & Row, 1986, Patricia L. Faust ed.), p. 794-95; 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 9674-715; Goodwin, Doris Kearns, Team of Rivals: The Political Genius of Abraham Lincoln (New York: Simon and Schuster, 2005), p. 639; Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 532-33; 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. 706; Murphy, Richard W., The Nation Reunited: War’s Aftermath (Alexandria, VA: Time-Life Books, 1983), p. 30; Wert, Jeffry D., Historical Times Illustrated Encyclopedia of the Civil War (New York: Harper & Row, 1986, Patricia L. Faust ed.), p. 618