Reconstruction and the Constitution, 1866-1876Burgess, John William
History
Reconstruction and the Constitution, 1866-1876
Burgess, John William
Reconstruction (U.S. history, 1865-1877); United States -- Politics and government -- 1865-1877
In the second place, and by a second proclamation, issued on the same
day, May 29th, the President appointed a Provisional Governor for North
Carolina, and authorized and commanded him to cause the election of
delegates to, and their assembly in, a constitutional convention of the
"State" for the reconstruction of the "State," and its restoration to
its constitutional relations to the United States. The electorate to be
employed by the Provisional Governor should be those persons who were
qualified to vote by the laws of North Carolina in force immediately
before the 20th of May, 1861, and had taken the oath prescribed in the
first proclamation.
This second proclamation also commanded the heads of the departments of
the United States Government to put the laws of the United States into
operation in North Carolina, the United States judges to open the
United States courts and proceed to business, and the military officers
in the district to aid the Provisional {36} Governor in carrying the
duties assigned to him into effect, and to abstain from hindering,
impeding, or discouraging, in any manner, the organization of a "State"
government as authorized by the proclamation.
[Sidenote: The identity of Johnson's plan with that of Lincoln.]
It will thus be seen that Mr. Johnson's plan of Reconstruction was in
substance the same as that of Mr. Lincoln. It rested upon the theory of
the indestructibility of the "States," their perdurance as "States"
throughout the period of rebellion, the commission of treason and
rebellion by combinations of private persons, the right of the
Executive to withdraw his military powers and put his civil powers in
operation, whenever, in his judgment, the circumstances would warrant
him in so doing, and his authority to recognize the old electorates of
the "States" in which rebellion had existed as the respective
constituent bodies of the "States," upon such terms and under such
limitations as he might prescribe. He did not lay down any rule as to
the numerical proportion which the modified electorates should bear to
the old, in order to make their acts legitimate, as Mr. Lincoln did;
and he did declare in his second proclamation that the North Carolina
convention, when convened, or the legislature that might be thereafter
assembled, should prescribe the qualification of electors, and the
eligibility of persons to hold office under the constitution and laws
of the "State," which Mr. Lincoln did not do in his proclamation. But
there is no doubt that Mr. Lincoln would have indorsed this
proposition. He could not have avoided it, while holding the theory
that North Carolina was a "State" simply engaged in amending its
constitution, the theory which his own proclamation apparently set up.
In a word Johnson's policy and acts in reconstructing the "States" in
which secession ordinances had been passed, and rebellion committed,
were {37} but a continuation of those of Mr. Lincoln. If Lincoln was
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