_THE AMERICAN HISTORY SERIES_ RECONSTRUCTION AND THE CONSTITUTION 1866-1876 BY JOHN W. BURGESS, PH.D., LL.D. PROFESSOR OF POLITICAL SCIENCE AND CONSTITUTIONAL LAW, AND DEAN OF THE FACULTY OF POLITICAL SCIENCE, IN COLUMBIA UNIVERSITY NEW YORK CHARLES SCRIBNER'S SONS 1905 COPYRIGHT, 1902, BY CHARLES SCRIBNER'S SONS TROW DIRECTORY PRINTING AND BOOKBINDING COMPANY NEW YORK To the memory of RICHMOND MAYO-SMITH, pupil, colleague, and life-long friend, with grief too deep for words at his loss, this volume is affectionately inscribed by the Author. PREFACE In my preface to "The Middle Period" I wrote that the re-establishment of a real national brotherhood between the North and the South could be attained only on the basis of a sincere and genuine acknowledgment by the South that secession was an error as well as a failure. I come now to supplement this contention with the proposition that a corresponding acknowledgment on the part of the North in regard to Reconstruction between 1866 and 1876 is equally necessary. In making this demand, I must not be understood as questioning in the slightest degree the sincerity of the North in the main purpose of the Reconstruction policy of that period. On the other hand, I maintain that that purpose was entirely praiseworthy. It was simply to secure the civil rights of the newly emancipated race, and to re-establish loyal Commonwealths in the South. But there is now little question that erroneous means were chosen. Two ways were open for the attainment of the end sought. One was that which was followed, namely, placing the political power in the hands of the newly emancipated; and the other was the nationalization of civil liberty by placing it under the protection of the Constitution and the national Judiciary, and holding the districts of the South under Territorial civil government until the white race in those districts should have sufficiently recovered from its temporary disloyalty to the Union to be intrusted again with the powers of Commonwealth local government. There is no doubt in my own mind that the latter was the proper and correct course. And I have just as little doubt that it would have been found to be the truly practicable course. The people in the loyal Commonwealths were ready in 1866 to place civil liberty as a whole under national protection; and not half of the whites of the South entertained, at that moment, disloyal purposes or feelings. Even the solid Democratic South was yet to be made; and I doubt most seriously if it would ever have been made, except for the great mistakes of the Republican party in its choice of means and measures in Reconstruction.