16.2 Congress and the remaking of the south, 1865–1866  (Page 3/8)

A chief component of the black codes was designed to fulfill an important economic need in the postwar South. Slavery had been a pillar of economic stability in the region before the war. To maintain agricultural production, the South had relied on slaves to work the land. Now the region was faced with the daunting prospect of making the transition from a slave economy to one where labor was purchased on the open market. Not surprisingly, planters in the southern states were reluctant to make such a transition. Instead, they drafted black laws that would re-create the antebellum economic structure with the façade of a free-labor system.

Black codes used a variety of tactics to tie freed slaves to the land. To work, the freed slaves were forced to sign contracts with their employer. These contracts prevented blacks from working for more than one employer. This meant that, unlike in a free labor market, blacks could not positively influence wages and conditions by choosing to work for the employer who gave them the best terms. The predictable outcome was that freed slaves were forced to work for very low wages. With such low wages, and no ability to supplement income with additional work, workers were reduced to relying on loans from their employers. The debt that these workers incurred ensured that they could never escape from their condition. Those former slaves who attempt to violate these contracts could be fined or beaten. Those who refused to sign contracts at all could be arrested for vagrancy and then made to work for no wages, essentially being reduced to the very definition of a slave.

The black codes left no doubt that the former breakaway Confederate states intended to maintain white supremacy at all costs. These draconian state laws helped spur the congressional Joint Committee on Reconstruction into action. Its members felt that ending slavery with the Thirteenth Amendment did not go far enough. Congress extended the life of the Freedmen’s Bureau to combat the black codes and in April 1866 passed the first Civil Rights Act, which established the citizenship of African Americans. This was a significant step that contradicted the Supreme Court’s 1857 Dred Scott decision, which declared that blacks could never be citizens. The law also gave the federal government the right to intervene in state affairs to protect the rights of citizens, and thus, of African Americans. President Johnson, who continued to insist that restoration of the United States had already been accomplished, vetoed the 1866 Civil Rights Act. However, Congress mustered the necessary votes to override his veto. Despite the Civil Rights Act, the black codes endured, forming the foundation of the racially discriminatory Jim Crow segregation policies that impoverished generations of African Americans.

The fourteenth amendment

Questions swirled about the constitutionality of the Civil Rights Act of 1866. The Supreme Court, in its 1857 decision forbidding black citizenship, had interpreted the Constitution in a certain way; many argued that the 1866 statute, alone, could not alter that interpretation. Seeking to overcome all legal questions, Radical Republicans drafted another constitutional amendment with provisions that followed those of the 1866 Civil Rights Act. In July 1866, the Fourteenth Amendment went to state legislatures for ratification.

The Fourteenth Amendment stated, “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” It gave citizens equal protection under both the state and federal law, overturning the Dred Scott decision. It eliminated the three-fifths compromise of the 1787 Constitution, whereby slaves had been counted as three-fifths of a free white person, and it reduced the number of House representatives and Electoral College electors for any state that denied suffrage to any adult male inhabitant, black or white. As Radical Republicans had proposed in the Wade-Davis bill, individuals who had “engaged in insurrection or rebellion [against] . . . or given aid or comfort to the enemies [of]” the United States were barred from holding political (state or federal) or military office unless pardoned by two-thirds of Congress.

The amendment also answered the question of debts arising from the Civil War by specifying that all debts incurred by fighting to defeat the Confederacy would be honored. Confederate debts, however, would not: “[N]either the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.” Thus, claims by former slaveholders requesting compensation for slave property had no standing. Any state that ratified the Fourteenth Amendment would automatically be readmitted. Yet, all former Confederate states refused to ratify the amendment in 1866.

President Johnson called openly for the rejection of the Fourteenth Amendment, a move that drove a further wedge between him and congressional Republicans. In late summer of 1866, he gave a series of speeches, known as the “swing around the circle,” designed to gather support for his mild version of Reconstruction. Johnson felt that ending slavery went far enough; extending the rights and protections of citizenship to freed people, he believed, went much too far. He continued to believe that blacks were inferior to whites. The president’s “swing around the circle” speeches to gain support for his program and derail the Radical Republicans proved to be a disaster, as hecklers provoked Johnson to make damaging statements. Radical Republicans charged that Johnson had been drunk when he made his speeches. As a result, Johnson’s reputation plummeted.

Section summary

The conflict between President Johnson and the Republican-controlled Congress over the proper steps to be taken with the defeated Confederacy grew in intensity in the years immediately following the Civil War. While the president concluded that all that needed to be done in the South had been done by early 1866, Congress forged ahead to stabilize the defeated Confederacy and extend to freed people citizenship and equality before the law. Congress prevailed over Johnson’s vetoes as the friction between the president and the Republicans increased.