The Sequel of Appomattox: A Chronicle of the Reunion of the StatesFleming, Walter L. (Walter Lynwood)
History
The Sequel of Appomattox: A Chronicle of the Reunion of the States
Fleming, Walter L. (Walter Lynwood)
Reconstruction (U.S. history, 1865-1877); United States -- History -- 1865-1898
Military rule was established in the South with slight friction, but it
was soon found that the reconstruction laws were not sufficiently clear
on two points: first, whether there was any limit to the authority of
the five generals over the local and state governments and, if so,
whether the limiting authority was in the President; and second, whether
the disfranchising provisions in the laws were punitive and hence to be
construed strictly. Attorney-General Stanbery, in May and June, 1867,
drew up opinions in which he maintained that the laws were to be
considered punitive and therefore to be construed strictly. After
discussions in cabinet meetings these opinions received the approval of
all except Stanton, Secretary of War, who had already joined the radical
camp. The Attorney-General's opinion was sent out to the district
commanders for their information and guidance. But Congress did not
intend to permit the President or his Cabinet to direct the process of
reconstruction, and in the Act of July 19, 1867, it gave a radical
interpretation to the reconstruction legislation, declared itself in
control, gave full power to General Grant and to the district commanders
subject only to Grant, directed the removal of all local officials who
opposed the reconstruction policies, and warned the civil and military
officers of the United States that none of them should "be bound in his
action by any opinion of any civil officer of the United States." This
interpretive legislation gave a broad basis for the military government
and resulted in a severe application of the disfranchising provisions of
the laws.
The rule of the five generals lasted in all the States until June, 1868,
and continued in Mississippi, Texas, Virginia, and Georgia until 1870.
There had been, to be sure, some military government in 1865, subject,
however, to the President, and from 1865 to 1867 the army, along with
the Freedmen's Bureau, had exerted a strong influence in the government
of the South, but in the régime now inaugurated the military was
supreme. The generals had a superior at Washington, but whether it was
the President, General Grant, or Congress was not clear until the Act of
July 19, 1867 made Congress the source of authority.
Public-domain text, read in full here on John Shaqi.
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