Civil War and Reconstruction in AlabamaFleming, Walter L. (Walter Lynwood)
History
Civil War and Reconstruction in Alabama
Fleming, Walter L. (Walter Lynwood)
Alabama -- History -- Civil War, 1861-1865; Reconstruction (U.S. history, 1865-1877) -- Alabama
Sumner would limit the authority of Congress only by the provisions of the
Declaration of Independence; Stevens would have Congress unchecked by any
law. By martial law and the law of nations, he meant no law at all, as his
utterances show; nothing must stand in the way of the absolute powers of
Congress. Both theories agreed in reducing the states to a territorial
status. Sumner would leave the people of these states the rights of
people in the United States territories. Stevens would deny that they had
any such rights whatever under any law, but that they were to be
considered conquered foes, with their lives, liberty, and property at the
mercy of the conqueror.[872]
The Forfeited Rights theory, patched up to suit the more timid Radicals
who would not concede that the states had succeeded in getting outside of
the Union or that they could be destroyed, was, in effect, the Stevens
theory, though recognizing some kind of a survival of the states. The
names and boundaries of the states alone survived; the political
institutions were entirely destroyed, and must be reconstructed by
Congress.
It is a waste of time to try to find a basis in the old Constitution for
any of the theories advanced. If a legal basis must be had, it will have
to be found in the Constitution as revolutionized by seventy-five years of
development and four years of war. The main purposes of the congressional
plans were to reduce the late dictatorial powers of the President, to
remove forever from political power the political leaders of the South, to
give the ballot to the negro as a measure of revenge and to assure the
continuation in power of the Republican party.[873]
Owing to the fact that Congress was not in session for several months
after the downfall of the Confederacy, the President had a good
opportunity to put into operation the executive plan for restoring the
southern states to their proper standing in the Union.
SEC. 2. PRESIDENTIAL PLAN IN OPERATION
Early Attempts at Restoration
In the early spring of 1865, Governor Watts, in a speech calling upon the
people to make renewed exertions against the invader, said: "We hold more
territory than a year ago, more of Texas, Louisiana, and Arkansas, Georgia
is overrun but is ready to rise. Our financial condition is better than
four years ago. Arms, commissary and quartermaster's stores are more
abundant now."[874] But there were no more men. A month later Lee had
started on the march to Appomattox; two months later Dick Taylor was
surrendering the last Confederate armies east of the Mississippi; three
months later the war governors of Alabama were in northern prisons, and
not a vestige of the Confederate or state governments remained. There was
no government.
Public-domain text, read in full here on John Shaqi.
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