Johnson and Congressional Reconstruction (1865–1870): Key Concepts, Legislation, and Consequences
Andrew Johnson: Background and Rise to the Presidency
From Tennessee, southern politician who cut a distinctive path through Tennessee politics: congressman, governor, then senator.
Lincoln’s 1864 ticket paired Lincoln (Northern Republican) with Johnson (Southern Unionist from Tennessee) to attract border state support; Johnson was loyal and opposed secession but not a natural choice for the vice presidency under normal circumstances.
Personal traits: very ambitious, self-taught, came from a poor background, and projected himself as the friend of the poor white man in the South against the wealthy planter class.
Age context: about 57 in 1865 (Lincoln earlier was 56 when assassinated); the two shared similar rough age and self-made backgrounds.
Johnson’s self-made image masked a stubborn, inflexible political style: a strong “my way or the highway” approach and intolerance of other opinions.
Notable past statement: Johnson once said, "treason must be made olias and traitors must be punished and impoverished" — signaling a punitive stance toward Confederates.
In April 1865, he became president after Lincoln’s assassination; there was no vice president at that moment due to the line of succession in effect then.
Johnson’s Reconstruction Plan (May 1865) and Early Assumptions
Lincoln’s postwar plan had proposed broad amnesty: pardon for most Confederates with restoration of land and property rights, contingent on taking an oath of loyalty and accepting emancipation.
Higher-ranking Confederates (colonels, generals, wealthy figures) had to apply for pardons directly to Johnson.
Provisional governors would be appointed to form new state constitutions and hold constitutional conventions; newly readmitted states would start anew.
Johnson’s approach emphasized states’ rights: federal intervention in Southern affairs would be limited; local/state solutions would govern rights, including race-related policies.
The Radical Republicans hoped Johnson might align with their agenda, but he diverged early: he rejected robust Reconstruction efforts and did not push for federal protection of Black rights.
Johnson’s version of “restoration” did not force Black suffrage or federal guarantees of civil rights; it left emancipation and Black rights largely to state choice.
Johnson and the Radical Republicans: Core Conflicts over Race and Federal Power
A fundamental divide: Johnson was a staunch states’ rights advocate; he believed the federal government should not interfere in Southern race relations or labor relations.
Racial views: Johnson owned slaves before the war and did not advocate racial equality; he believed white men should rule the South and did not envision cross-racial political collaboration.
He did not foresee cooperation between poor whites and newly emancipated Blacks; this lack of imagination for a multiracial political coalition proved problematic.
In the aftermath of the war, Radical Republicans sought to reshape the South and protect Black rights, but Johnson’s stance clashed with these aims.
Illustrative contrast: a debate over whether Confederate leaders and veterans could be trusted in power vs. attempts to protect newly freed people’s rights.
The political dynamic was further complicated by public sentiment in the South (e.g., Robert E. Lee’s pardon debate vs. Black soldiers’ voting rights).
Black Codes and Northern Alarm (1865–1866)
The first major rewrite of Southern policy by Southern states under Johnson’s lenient framework: Black Codes
Laws designed to restrict and control African Americans after emancipation; varied by state but shared common goals: keep Black labor cheap, regulate mobility, and limit political rights.
Common provisions included labor contract enforcement, restrictions on testifying in court, curfews, licensing to work other than on farms, and penalties for leaving employment.
Georgia and Mississippi examples (as described in the transcript):
Georgia: restrictions tied to lawful home/employment, breach of contract penalties for quitting before expiration, and authority for arrest to force labor alignment.
Mississippi: limits on farmland ownership for African Americans; penalties for labor noncompliance; broader enforcement of labor discipline.
The aim of these codes was to recreate a system close to slavery in its effects, even if not in name.
Northern reaction: Black Codes were seen as a clear violation of emancipation’s promises and a betrayal of the war’s purposes; Northerners demanded federal action to safeguard Black rights and to override such codes.
Charles Sumner’s critique (September 1865, Worcester, MA):
Slavery was abolished in name but not in practice; the Black Codes were a supplementary form of quasi-slavery that still needed to be ended.
The work of liberation was not complete; Black Codes must give way to true equality under law.
Moderates vs. Radicals in the North: Moderates prioritized political stability and practical governance but still faced pushback from the more abolitionist radicals who pushed for broader civil rights and anti-slavery reforms.
The political stakes: Northerners feared Confederate power re-entering Congress and shaping federal policy again; some Southern representatives even included former Confederate generals among those seeking seats.
December 1865: Congress Refuses to Seat Southern Representatives; the Creation of Reconstruction Oversight
Congress reconvened in December 1865 and initially refused to seat newly elected Southern representatives; an impasse signaled that Reconstruction would not proceed on Johnson’s terms.
Joint Committee on Reconstruction established to investigate conditions in the South and to chart a path forward; this was the congressional shift toward oversight and direct control.
Four major groups in Congress (1865): radicals, moderates, conservatives within the Republican party, and Democrats. The most vehemently anti-Johnson faction were the Radicals; the most opposed to Johnson’s approach included both Radicals and some Moderates when Johnson’s positions clashed with broader Reconstruction aims.
The radical vision included strong protections for African Americans and the breakup and redistribution of land; moderates preferred a tempered approach that still constrained Southern political power but within a broader framework of federal-led reform.
Johnson’s political position deteriorated as Congress asserted its own prerogatives and moved toward more forceful reconstruction strategies.
The Moderate Republicans’ Civil Rights Initiative (1866) and Johnson’s Vetoes
In 1866, moderate Republicans introduced two key bills to strengthen federal protection for Black Americans and to support ongoing relief programs:
Extension of the Freedmen’s Bureau funding for another period (social services and aid to the freedpeople).
Civil Rights Bill to define citizenship and equality before the law (to counter Black Codes).
Johnson vetoed both bills:
He claimed the Freedmen’s Bureau extension was unconstitutional because federal social services for African Americans lacked constitutional basis.
He argued the Civil Rights Bill overstepped federal authority and that Blacks were not yet entitled to the same rights as whites.
Congress, however, overrode Johnson’s vetoes with two-thirds majorities in both chambers, thereby enacting the legislation despite presidential opposition.
The veto-and-override sequence signaled a turning point: Reconstruction power began gravitating away from Johnson toward Congress, particularly toward Republicans who now controlled the legislative agenda.
As a consequence, Johnson’s ability to shape Reconstruction effectively diminished; Congress would drive the policy in the coming years.
The Fourteenth Amendment (1866): Citizenship, Equal Protection, and Representation
Congress moved to enshrine civil rights and national citizenship in constitutional form with the Fourteenth Amendment (passed by Congress in April 1866, ratified in 1870).
Key provisions and implications:
Citizenship: Anyone born in the United States is a citizen with equal protection under the laws.
Due process and equal protection: No state can deny life, liberty, or property without due process; and all persons within the jurisdiction must receive equal protection of the laws.
Representation penalty: If a state denies male citizens the right to vote, its representation in the House of Representatives will be reduced in proportion to those disenfranchised male citizens.
Disenfranchisement of former Confederates: Anyone who voluntarily aided the Confederacy during the war could not vote in national elections until 1870.
Formal language (LaTeX representation of core text):
Citizenship and due process/equal protection:
Representation consequence for denying the vote:
Former Confederates disenfranchised:
Political significance: The 14th Amendment was the cornerstone of federal protection for civil rights and a direct response to Black Codes and the South’s attempts to reassert control over African Americans.
Johnson’s response to the 14th Amendment: He opposed it, arguing it exceeded constitutional authority and clashed with his states’ rights philosophy; he attacked the measure as infringing on state sovereignty.
1866 Midterm Elections: Johnson’s Decline and Congressional Resolve
The 1866 elections produced a substantial shift in Congress toward Radical and moderate Republicans who supported stronger federal action in Reconstruction.
Johnson’s attempts to win grassroots support during 1866 backfired; his speeches to the public did not resonate with many Northerners who had just fought a costly war and viewed the South as an enemy.
The result strengthened congressional power over Reconstruction and weakened the President’s ability to direct policy.
The Reconstruction Act of 1867: Military Rule and New Requirements for Readmission
Johnson’s lenient plan was effectively overridden by Congress in 1867 with the Reconstruction Act (often remembered as military rule in the South).
Core features:
The eleven former Confederate states were divided into five military districts, each controlled by a Union general.
Roughly 200,000 Union soldiers were deployed to enforce order and oversee reconstruction.
New state constitutions must guarantee universal male suffrage (the right for all male citizens to vote).
Ratification of the Fourteenth Amendment was required.
Former Confederates who had aided the war could not participate in drafting or voting as part of readmission processes.
Consequences: This Act placed the South under direct military governance and imposed stringent conditions for readmission to the Union, far stricter than Johnson’s plan.
Johnson’s response: He vetoed the Act, but Congress overrode the veto; Johnson’s power to shape Reconstruction effectively ended.
Readmission timeline: By July 1870, Georgia was the last former Confederate state to be readmitted under these terms.
Impeachment and the Tenure of Office Act: Clinton-esque Power Struggles in 1867–1868
Congress passed the Tenure of Office Act (1867) to limit the President’s ability to remove a cabinet member without Senate approval; this targeted Edwin Stanton, the Radicals’ ally and Secretary of War.
In response to Johnson’s attempts to remove Stanton, Congress also passed the Command of the Army Act (1867): all military orders had to go through General Grant rather than Johnson.
The combination of these measures culminated in Johnson’s impeachment in March 1868 by the House of Representatives on grounds related to the Tenure of Office Act and his broader obstruction of Reconstruction.
Senate trial: The Chief Justice of the Supreme Court presided; conviction required a two-thirds vote; Johnson was acquitted by a single vote (one vote short of removal).
The impeachment episode reshaped the balance of power between the presidency and Congress and reinforced congressional dominance in Reconstruction policy.
Aftermath: Johnson did not win nomination in 1868; Ulysses S. Grant was elected president; Johnson later served in the Senate for a period before his death.
Notable contextual nuance: There was no VP at the time; had Johnson been removed, the next in line would have been the president pro tempore of the Senate (initially Ben Wade), a factor some scholars cite as a reason why moderate Republicans supported keeping him in office.
The Fifteenth Amendment: Voting Rights for African American Men
In the wake of combatting Black Codes and securing federal civil rights protections, Congress pushed the Fifteenth Amendment (passed by Congress in 1869, ratified in 1870).
Core provision: The right to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.
Context: The Fifteenth Amendment complemented the Fourteenth by explicitly protecting voting rights for Black men, closing a major loophole that allowed states to undermine citizenship protections through voting restrictions.
Note on scope: At the time, women did not have federal voting rights; the Fifteenth Amendment applied to male citizens (a point often clarified in teaching materials from this period).
Legacy, Real-World Relevance, and Final Reflections
The sequence from Johnson’s lenient initial plan to Congress-led Reconstruction illustrates the struggle over who holds power to shape postwar society: the President vs. Congress, and state vs. federal authority.
The Black Codes highlighted the danger of a rapid readmission of Southern states without guaranteed civil rights protections, and they spurred the creation of the Freedmen’s Bureau’s extended role and new federal civil rights laws.
The Reconstruction Acts (1867) and the Fourteenth/Fifteenth Amendments reframed the Constitution’s guarantees, transforming citizenship and suffrage from mere formal definitions into enforceable federal guarantees.
Ethical and political implications:
Tradeoffs between reconciliation and justice: Should the North prioritize political stability and quick readmission, or should it insist on robust rights protections for newly freed people?
Federalism vs. centralized power: The era demonstrates a dynamic tension between states’ rights and federal obligations to ensure equal protection under the law.
The use of military power in the occupation of the former Confederacy reflects an extraordinary measure designed to enforce constitutional changes but also provoked debates about legitimacy and long-term effects on civil rights.
Key chronological milestones to anchor understanding:
1865: Lincoln’s plan in flux; Johnson becomes President; lenient pardons for many Confederates; early Black Codes emerge.
1866: Fourteenth Amendment proposed; Civil Rights Act and Freedmen’s Bureau extension debated and enacted over Johnson’s veto.
1867: Reconstruction Act establishes military districts and stringent conditions; Tenure of Office Act and Command of the Army Act shape executive power; Johnson impeached but not removed.
1868–1870: Grant’s presidency; Fifteenth Amendment ratified; Georgia’s readmission completes the initial readmission phase.
Quick Reference: Key Terms and Concepts
Freedmen’s Bureau: Federal agency established to aid freed slaves and impoverished whites in the South; its life was extended in 1866 as part of moderate Republican legislation.
Black Codes: State laws aimed at controlling labor and behavior of African Americans and preserving a labor system akin to slavery.
Civil Rights Bill (1866): Legislation to define citizenship and guarantee equal rights; precursor to the 14th Amendment.
Fourteenth Amendment: Citizenship for all born in the U.S.; equal protection under the law; consequences for states that deny suffrage to male citizens.
Fifteenth Amendment: Prohibits voting discrimination based on race, color, or previous condition of servitude; enables Black male suffrage.
Reconstruction Act (1867): Military rule in the South; five districts; victory of federal oversight over Southern governments until requirements are met.
Command of the Army Act (1867): Requires presidential orders to command officials to go through the Army’s commander (General Grant).
Tenure of Office Act (1867): Prevents the President from removing certain officeholders without Senate approval; basis for Johnson’s impeachment.
Impeachment of Andrew Johnson (1868): House charges; Senate trial; acquittal by one vote; crucial to shaping the balance of power during Reconstruction.
Notable dates to remember
1865-04: Lincoln assassinated; Johnson becomes President; early Reconstruction plans launched.
1865-05: Lincoln’s outline for pardons and reintegration of the South is discussed and implemented in part.
1866-04 to 1866-07: Fourteenth Amendment passes through Congress; Civil Rights measures debated and enacted despite presidential vetoes.
1867-04: Reconstruction Act signed into law (over Johnson’s veto); military rule established.
1867-12: Tenure of Office Act and Command of the Army Act shape executive powers and provoked impeachment proceedings.
1868-03: Johnson impeached by the House; Senate trial follows; acquitted by one vote.
1869-1870: Fifteenth Amendment ratified; Georgia readmitted (last of the initial wave in 1870).
Connections to broader themes
The sequence from lenient presidential plans to congressional control reflects a broader pattern in American constitutional development: the expansion of federal power to protect civil rights and regulate interstate affairs, especially during times of national crisis.
The era demonstrates the complexity of rebuilding a nation after civil war, balancing reconciliation, justice, political power, and the foundational question of who determines civil rights for newly freed populations.
The legal and constitutional changes laid groundwork for future civil rights struggles and debates about federal authority, states’ rights, and the role of Congress in governance.