Modern history

The Unmaking of Reconstruction

The violence, intimidation, and fraud perpetrated by Redeemers against black and white Republicans in the South does not fully explain the unmaking of Reconstruction. Although Republicans in Congress enacted legislation combating the KKK and racial discrimination in public facilities, by the early 1870s white Northerners had grown weary of the struggle to protect the rights of freedpeople. In the minds of many, white Northerners had done more than enough for black Southerners, and it was time to focus on other issues. Growing economic problems intensified this feeling. More and more northern whites came to believe that any debt owed to black people for northern complicity in the sin of slavery had been wiped out by the blood shed during the Civil War. By the early 1870s, burying and memorializing the Civil War dead emerged as a common concern among white Americans, in both the North and the South. White America was once again united, if only in the shared belief that it was time to move on, consigning the issues of slavery and civil rights to history.

The Republican Retreat

Most northern whites shared the racial views of their counterparts in the South. Although they had supported protection of black civil rights and suffrage, they still believed that African Americans were inferior to whites, and social integration was no more tolerable to them than it was to white Southerners. They began to sympathize with racist complaints voiced from the South that blacks were not capable of governing honestly and effectively.

In 1872 a group calling themselves Liberal Republicans challenged the reelection of President Grant, the Civil War general who had won the presidency on the Republican ticket in 1868. Financial scandals had racked the Grant administration. This high-level corruption reflected the get-rich-quick schemes connected to economic speculation and development following the Civil War. Outraged by these misdeeds and the rising level of immoral behavior in government and business, Liberal Republicans nominated Horace Greeley, editor of the New York Tribune, to run against Grant. They linked government corruption to the expansion of federal power that accompanied Reconstruction, and called for the removal of troops from the South and amnesty for former Confederates. They also campaigned for civil service reform in order to establish a merit system for government employment and for abolition of the “spoils system”—in which the party in power rewarded loyal supporters with political appointments—that had been in place since the administration of Andrew Jackson.

The Democratic Party believed that Liberal Republicans offered the best chance to defeat Grant, and it endorsed Greeley. Despite the scandals that surrounded him, Grant remained popular. Moreover, the main body of Republicans “waved the bloody shirt,” reminding northern voters that a ballot cast for the opposition tarnished the memory of brave Union soldiers who had died during the war. With the newly created national cemeteries, particularly the one established in Arlington, Virginia, providing a vivid reminder of the hundreds of thousands of soldiers killed, the “bloody shirt” remained a potent symbol. The president won reelection with an even greater margin than he had four years earlier. Nevertheless, the attacks against Grant foreshadowed the Republican retreat on Reconstruction. Among the Democrats sniping at Grant was Andrew Johnson. Johnson had returned to Tennessee, and in 1874 the state legislature chose the former president to serve in the U.S. Senate. He continued to speak out against the presence of federal troops in the South until his death in 1875.

Congressional and Judicial Retreat

By the time Grant began his second term, Congress was already considering bills to restore officeholding rights to former Confederates who had not yet sworn allegiance to the Union. Black representatives, such as Georgia congressman Jefferson Long, as well as some white lawmakers, remained opposed to such measures, but in 1872 Congress removed the penalties placed on former Confederates by the Fourteenth Amendment and permitted nearly all rebel leaders the right to vote and hold office. Two years later, for the first time since the start of the Civil War, the Democrats gained a majority in the House of Representatives and prepared to remove the remaining troops from the South.

Economic concerns increasingly replaced racial considerations as the top priority for northern Republican leaders. Northerners and Southerners began calling more loudly for national unity and reconciliation. In 1873 a financial panic resulting from the collapse of the Northern Pacific Railroad triggered a severe economic depression lasting late into the decade. Tens of thousands of unemployed workers across the country worried more about finding jobs than they did about blacks in the South. Businessmen, too, were plagued with widespread bankruptcy. As workers looked to labor unions for support, business leaders looked to the federal government for assistance. When strikes erupted across the country in 1877, most notably the Great Railway Strike, employers asked the U.S. government to remove troops from the South and dispatch them against strikers in the North and the West.

While Northerners sought a way to extricate themselves from Reconstruction, the Supreme Court weakened enforcement of the civil rights acts. In 1873 the Slaughterhouse cases defined the rights that African Americans were entitled to under the Fourteenth Amendment very narrowly. Reflecting the shift from moral to economic concerns, the justices interpreted the amendment as extending greater protection to corporations in conducting business than that extended to blacks. As a result, blacks had to depend on southern state governments to protect their civil rights, the same state authorities that had deprived them of their rights in the first place. In United States v. Cruikshank (1876), the high court narrowed the Fourteenth Amendment further, ruling that it protected blacks against abuses only by state officials and agencies, not by private groups such as the Ku Klux Klan. Seven years later, the Court struck down the Civil Rights Act of 1875, which had extended “full and equal treatment” in public accommodations for persons of all races.

The Presidential compromise of 1876

The presidential election of 1876 set in motion events that officially brought Reconstruction to an end. The Republicans nominated Rutherford B. Hayes, a Civil War officer and governor of Ohio. A supporter of civil service reform, Hayes was chosen, in part, because he was untainted by the corruption that plagued the Grant administration. The Democrats selected their own crusader against bribery and graft, Governor Samuel J. Tilden of New York, who had prosecuted political corruption in New York City.

The outcome of the election depended on twenty disputed electoral votes, nineteen from the South and one from Oregon. Tilden won 51 percent of the popular vote, but Reconstruction political battles in Florida, Louisiana, and South Carolina put the election up for grabs. In each of these states, the outgoing Republican administration certified Hayes as the winner, while the incoming Democratic regime declared for Tilden.

The Constitution assigns Congress the task of counting and certifying the electoral votes submitted by the states. Normally, this is merely a formality, but 1876 was different. Democrats controlled the House, Republicans controlled the Senate, and neither branch would budge on which votes to count. Hayes needed all twenty for victory; Tilden needed only one. To break the logjam, Congress created a fifteen-member Joint Electoral Commission, composed of seven Democrats, seven Republicans, and one independent (five members of the House, five U.S. senators, and five Supreme Court justices). As it turned out, the independent commissioner, Justice David Davis, resigned, and his replacement, Justice Joseph P. Bradley, voted with the Republicans to count all twenty votes for Hayes, making him president (Map 14.2).

Still, Congress had to ratify this count, and disgruntled southern Democrats in the Senate threatened a filibuster—unlimited debate—to block certification of Hayes. With the March 4, 1877, date for the presidential inauguration creeping perilously close and no winner officially declared, behind-the-scenes negotiations finally helped settle the controversy. A series of meetings between Hayes supporters and southern Democrats led to a bargain. According to the agreement, Democrats would support Hayes in exchange for the president appointing a Southerner to his cabinet, withdrawing the last federal troops from the South, and endorsing construction of a transcontinental railroad through the South. This compromise of 1877 averted a crisis over presidential succession, underscored increased southern Democratic influence within Congress, and marked the end to strong federal protection for African Americans in the South.

REVIEW & RELATE

• Why did northern interest in Reconstruction wane in the 1870s?

• What common values and beliefs among white Americans were reflected in the compromise of 1877?

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