Archive for the ‘Reconstruction’ Category

Obituary: Dr. John Hope Franklin

Dr. John Hope Franklin, eminent historian and pioneer in creating the field of African American history, passed away yesterday at the age of 94. Among his many awards and honors he accrued during his life, he is one of the few historians I have ever heard of who had their own PBS special. Notice too his impact on a seminal court case in civil rights history.

From the Associated Press’s Martha Waggoner:

John Hope Franklin, a towering scholar and pioneer of African-American studies who wrote the seminal text on the black experience in the U.S. and worked on the landmark Supreme Court case that outlawed public school segregation, died Wednesday. He was 94.

David Jarmul, a spokesman at Duke University, where Franklin taught for a decade and was professor emeritus of history, said he died of congestive heart failure at the school’s hospital in Durham.

Born and raised in an all-black community in Oklahoma where he was often subjected to humiliating racism, Franklin was later instrumental in bringing down the legal and historical validations of such a world.

As an author, his book “From Slavery to Freedom” was a landmark integration of black history into American history that remains relevant more than 60 years after being published. As a scholar, his research helped Thurgood Marshall and his team at the NAACP win Brown v. Board of Education, the 1954 case that barred the doctrine of “separate but equal” in the nation’s public schools.

“It was evident how much the lawyers appreciated what the historians could offer,” Franklin later wrote. “For me, and I suspect the same was true for the others, it was exhilarating.”

Franklin himself broke numerous color barriers. He was the first black department chair at a predominantly white institution, Brooklyn College; the first black professor to hold an endowed chair at Duke; and the first black president of the American Historical Association.

He often regarded his country like an exasperated relative, frustrated by racism’s stubborn power, yet refusing to give up. “I want to be out there on the firing line, helping, directing or doing something to try to make this a better world, a better place to live,” Franklin told The Associated Press in 2005.

In November, after Barack Obama broke the ultimate racial barrier in American politics, Franklin called his ascension to the White House “one of the most historic moments, if not the most historic moment, in the history of this country.”

“Because of the life John Hope Franklin lived, the public service he rendered, and the scholarship that was the mark of his distinguished career, we all have a richer understanding of who we are as Americans and our journey as a people,” Obama said in a statement. “Dr. Franklin will be deeply missed, but his legacy is one that will surely endure.”

Obama’s achievement fit with Franklin’s mission as a historian, to document how blacks lived and served alongside whites from the nation’s birth. Black patriots fought at Lexington and Concord, Franklin pointed out in “From Slavery to Freedom,” published in 1947. They crossed the Delaware with Washington and explored with Lewis and Clark.

The book sold more than 3.5 million copies and remains required reading in college classrooms. It was based on research Franklin conducted in libraries and archives that didn’t allow him to eat lunch or use the bathroom because he was black.

“He was working in a profession that more or less banned him at the outset and ended up its leading practitioner,” said Tim Tyson, a history professor at Duke. “And yet, he always managed to keep his grace and his sense of humor.”

Late in life, Franklin received more than 130 honorary degrees and the National Association for the Advancement of Colored People’s Spingarn Award. In 1993, President Bill Clinton honored Franklin with the Charles Frankel Prize, recognizing scholarly contributions that give “eloquence and meaning … to our ideas, hopes and dreams as American citizens.”

Clinton awarded Franklin the Presidential Medal of Freedom, the nation’s highest civilian prize, two years later, and gave him the role for which he was perhaps best known outside academia, as chairman of Clinton’s Initiative on Race. It was a job of which Franklin said, “I am not sure this is an honor. It may be a burden.”

“John Hope Franklin was one of the most important American historians of the 20th century and one of the people I most admired,” Clinton said in a statement. “He graced our country with his life, his scholarship, and his citizenship.”

As he aged, Franklin spent more time in the greenhouse behind his home, where he nursed orchids, than in libraries. He fell in love with the flowers because “they’re full of challenges, mystery” — the same reasons he fell in love with history.

In June, Franklin had a small role in the movie based on the book “Blood Done Signed My Name,” about the public slaying of black man in Oxford in 1970. Tyson, the book’s author, said at the time he wanted Franklin in the movie “because of his dignity and his shining intelligence.”

Franklin attended historically black Fisk University, where he met Aurelia Whittington, who would be his wife, editor, helpmate and rock for 58 years, until her death in 1999. He planned to follow his father into law, but the lively lectures of a white professor, Ted Currier, convinced him history was his field. Currier borrowed $500 to send Franklin to Harvard University for graduate studies.

Franklin’s doctoral thesis was on free blacks in antebellum North Carolina. His wife spent part of their honeymoon in Washington, D.C., at the Census Bureau, helping him finish. The resulting work, “The Free Negro in North Carolina, 1790-1860,” earned Franklin his doctorate and, in 1943, became his first published book. Four years later, he took a job at Howard University. It was the same year “From Slavery to Freedom” was published.

Some of his greatest moments of triumph were marred by bigotry.

His joy at being offered the chair of the Brooklyn College history department in 1956 was tempered by his difficulty getting a loan to buy a house in a “white” neighborhood.

When he was to receive the freedom medal, Franklin hosted a party for some friends at Washington’s Cosmos Club, of which he had long been a member. A white woman walked up to him, handed him a slip of paper and demanded that he get her coat. He politely told the woman that any of the uniformed attendants, “and they were all in uniform,” would be happy to assist her.

Franklin was born Jan. 2, 1915, in the all-black town of Rentiesville, Okla., where his parents moved in the mistaken belief that separation from whites would mean a better life for their young family. But his father’s law office was burned in the race riots in Tulsa, Okla., in 1921, along with the rest of the black section of town.

His mother, Mollie, a teacher, began taking him to school with her when he was 3. He could read and write by 5; by 6, he first became aware of the “racial divide separating me from white America.”

Franklin, his mother and sister Anne were ejected from a train when his mother refused the conductor’s orders to move to the overcrowded “Negro” coach. As they trudged through the woods back to Rentiesville, young John Hope began to cry.

His mother pulled him aside and told him, “There was not a white person on that train or anywhere else who was any better than I was. She admonished me not to waste my energy by fretting but to save it in order to prove that I was as good as any of them.”

The fact that he became a light of the Duke University history department is even more a testament to his gifts, transcending barriers which he had confronted throughout his life in the former Jim Crow South. From the Duke Library’s biography of Dr. Franklin:

John Hope Franklin was the James B. Duke Professor Emeritus of History, and for seven years was Professor of Legal History in the Law School at Duke University. He was a native of Oklahoma and a graduate of Fisk University. He received the A.M. and Ph.D. degrees in history from Harvard University. He has taught at a number of institutions, including Fisk University, St. Augustine’s College, North Carolina Central University, and Howard University. In 1956 he went to Brooklyn College as Chairman of the Department of History; and in 1964, he joined the faculty of the University of Chicago, serving as Chairman of the Department of History from 1967 to 1970. At Chicago, he was the John Matthews Manly Distinguished Service Professor from 1969 to 1982, when he became Professor Emeritus.

Professor Franklin’s numerous publications include The Emancipation Proclamation, The Militant South, The Free Negro in North Carolina, Reconstruction After the Civil War, and A Southern Odyssey: Travelers in the Ante-bellum North. Perhaps his best known book is From Slavery to Freedom: A History of African-Americans, now in its seventh edition. His Jefferson Lecture in the Humanities for 1976 was published in 1985 and received the Clarence L. Holte Literary Prize for that year. In 1990, a collection of essays covering a teaching and writing career of fifty years, was published under the title, Race and History: Selected Essays, 1938-1988. In 1993, he published The Color Line: Legacy for the Twenty-first Century. Professor Franklin’s most recent book, My Life and an Era: The Autobiography of Buck Colbert Franklin, is an autobiography of his father that he edited with his son, John Whittington Franklin. His current research deals with “Dissidents on the Plantation: Runaway Slaves.”

Professor Franklin was active in numerous professional and education organizations. For many years he served on the editorial board of the Journal of Negro History. He also served as President of the following organizations: The American Studies Association (1967), the Southern Historical Association (1970), the United Chapters of Phi Beta Kappa (1973-76), the Organization of American Historians (1975), and the American Historical Association (1979). He has been a member of the Board of Trustees of Fisk University, the Chicago Public Library, and the Chicago Symphony Orchestra Association.

Professor Franklin served on many national commissions and delegations, including the National Council on the Humanities, from which he resigned in 1979, when the President appointed him to the Advisory Commission on Public Diplomacy. He also served on the President’s Advisory Commission on Ambassadorial Appointments. In September and October of 1980, he was a United States delegate to the 21st General Conference of UNESCO. Among many other foreign assignments, Dr. Franklin served as Pitt Professor of American History and Institutions at Cambridge University, Consultant on American Education in the Soviet Union, Fulbright Professor in Australia, and Lecturer in American History in the People’s Republic of China.

Professor Franklin was  the recipient of many honors. In 1978, Who’s Who in America selected Dr. Franklin as one of eight Americans who has made significant contributions to society. In the same year, he was elected to the Oklahoma Hall of Fame. He also received the Jefferson Medal for 1984, awarded by the Council for the Advancement and Support of Education. In 1989, he was the first recipient of the Cleanth Brooks Medal of the Fellowship of Southern Writers, and in 1990 received the Encyclopedia Britannica Gold Medal for the Dissemination of Knowledge. In 1993, Dr. Franklin received the Charles Frankel Prize for contributions to the humanities, and in 1994, the Cosmos Club Award and the Trumpet Award from Turner Broadcasting Corporation. In 1995, he received the first W.E.B. DuBois Award from the Fisk University Alumni Association, the Organization of American Historians’ Award for Outstanding Achievement, the Alpha Phi Alpha Award of Merit, the NAACP’s Spingarn Medal, and the Presidential Medal of Freedom. In 1996, Professor Franklin was elected to the Oklahoma Historians Hall of Frame and in 1997 he received the Peggy V. Helmerich Distinguished Author Award. In addition to his many awards, Dr. Franklin has received honorary degrees from more than one hundred colleges and universities.

Professor Franklin has been extensively written about in various articles and books. Most recently he was the subject of the film First Person Singular: John Hope Franklin. Produced by Lives and Legacies Films, the documentary was featured on PBS in June 1997.

Professor Franklin died of congestive heart failure at Duke Hospital on the morning of March 25th, 2009. He is survived by his son, John Whittington Franklin, daughter-in-law Karen Roberts Franklin, sister-in-law Bertha W. Gibbs, cousin Grant Franklin Sr., a host of nieces, nephews, great-nieces and great-nephews, other family members, many generations of students and friends. There will be a celebration of his life and of his late wife Aurelia Franklin at 11 a.m. June 11 in Duke Chapel in honor of their 69th wedding anniversary. For more information on John Hope Franklin, please visit his memorial web site.

Class assignment from December 5

For those of you gallivanting around with the debate team. or sick, or both….

1. Read the excerpts from the Mississippi Black Code of 1866 and the Wade-Davis Manifesto– these are waaay down this page AND in the chapter 22 archives.

How do the two relate to each other? Why were Radical Republicans outraged by Presidential Reconstruction and its leniency, given the example of the Black Code as an example of egregious behavior on the part of what they termed “whitewashed rebels?”

2. Write a 1 page (250 word minimum) comparison between Presidential and Congressional Reconstruction. At the end of your analysis, explain why you think Reconstruction failed. Use the two documents above, as well as information from chapter 23 (Compromise of 1877, especially!!!!!!) to add detail to your analysis. This will be worked on in class on Monday after the terms check and due on Tuesday at the beginning of class!!!!!

3. Remember, Chapter 23 is due on Monday, and you have a terms check. There will be no debate about this (snort!).

The Wade- Davis Manifesto: Republican Response to Lincoln’s veto of Wade-Davis

Question for Understanding:
1. How does this response indicate an assertion of Congress of its prerogative over wartime presidential power?

The Wade-Davis Manifesto, August 5, 1864

We have read without surprise, but not without indignation, the Proclamation of the President of the 8th of July.

The President, by preventing this bill from becoming a law, holds the electoral votes of the Rebel States at the dictation of his personal ambition.

If those votes turn the balance in his favor, is it to be supposed that his competitor, defeated by such means will acquiesce?

If the Rebel majority assert their supremacy in those States, and send votes which elect an enemy of the Government, will we not repel his claims?
And is not that civil war for the Presidency, inaugurated by the votes of Rebel States?

Seriously impressed with these dangers, Congress, “the proper constitutional authority,” formally declared that there are no State Governments in the Rebel States, and provided for their erection at a proper time; and both the Senate and the House of Representatives rejected the Senators and Representatives chosen under the authority of what the President calls the Free Constitution and Government of Arkansas.

The President’s proclamation “holds for naught” this judgment, and discards the authority of the Supreme Court, and strides headlong toward the anarchy his Proclamation of the 8th of December inaugurated.

If electors for President be allowed to be chosen in either of those States, a sinister light will be cast on the motives which induced the President to “hold for naught” the will of Congress rather than his Government in Louisiana and Arkansas.

That judgment of Congress which the President defies was the exercise of an authority exclusively vested in Congress by the Constitution to determine what is the established Government in a State, and in its own nature and by the highest judicial authority binding on all other departments of the Government.
A more studied outrage on the legislative authority of the people has never been perpetrated.

Congress passed a bill; the President refused to approve it, and then by proclamation puts as much of it in force as he sees fit, and proposes to execute those parts by officers unknown to the laws of the United States and not subject to the confirmation of the Senate!

The bill directed the appointment of Provisional Governors by and with the advice and consent of the Senate.

The President, after defeating the law, proposes to appoint without law, and without the advice and consent of the Senate, Military Governors for the Rebel States!

He has already exercised this dictatorial usurpation in Louisiana, and he defeated the bill to prevent its limitation.

The President has greatly presumed on the forbearance which the supporters of his Administration have so long practiced, in view of the arduous conflict in which we are engaged, and the reckless ferocity of our political opponents.
But he must understand that our support is of a cause and not of a man; that the authority of Congress is paramount and must be respected; that the whole body of the Union men of Congress will not submit to be impeached by him of rash and unconstitutional legislation; and if he wishes our support, he must confine himself to his executive duties-to obey and execute, not make the laws-to suppress by arms armed Rebellion, and leave political reorganization to Congress.

If the supporters of the Government fail to insist on this, they become responsible for the usurpations which they fail to rebuke, and are justly liable to the indignation of the people whose rights and security, committed to their keeping, they sacrifice.

Let them consider the remedy for these usurpations, and, having found it, fearlessly execute it.

Vocabulary for this post:
acquiesce
perpetrated
usurpation
arduous
paramount
rebuke

Mississippi Black Code, 1866

The status of the Negro was the focal problem of Reconstruction. Slavery had been abolished by the Thirteenth Amendment, but the white people of the South were determined to keep the Negro in his place, socially, politically, and economically. This was done by means of the notorious “Black Codes,” passed by several of the state legislatures Northerners regarded these codes as a revival of slavery in disguise. The first such body of statutes, and probably the harshest, was passed in Mississippi in November 1865. Four of the statutes that made up the code are reprinted below.

As you read, find the answers for the following questions:
1. Summarize the provisions and goals of each of the four articles in this law.
2. Evaluate the intent of laws like this. How would Radical Republicans have viewed this type of legislation.
3. Under what circumstances could an African American have been forced to labor without his or her consent?
4. What does the language and terminology used in this law reveal about the attitudes of the lawmakers who wrote it?
5. What does “miscegenation” mean? Look it up. What part of this law deals with miscegenation?

I. Apprentice Law
Section 1. Be it enacted by the legislature of the state of Mississippi, that it shall be the duty of all sheriffs, justices of the peace, and other civil officers of the several counties in this state to report to the Probate courts of their respective counties semiannually, at the January and July terms of said courts, all freedmen, free Negroes, and mulattoes under the age of eighteen within their respective counties, beats, or districts who are orphans, or whose parent or parents have not the means, or who refuse to provide for and support said minors; and thereupon it shall be the duty of said Probate Court to order the clerk of said court. to apprentice said minors to some competent and suitable person, on such terms as the court may direct, having a particular care to the interest of said minors:
—–Provided, that the former owner of said minors shall have the preference when, in the opinion of the court, he or she shall be a Suitable person for that purpose.

Section 2. Be it further enacted, that the said court shall be fully satisfied that the person or persons to whom said minor shall be apprenticed shall be a suitable person to have the charge and care of said minor and fully to protect the interest of said minor. The said court shall require the said master or mistress to execute bond and security, payable to the state of Mississippi, conditioned that he or she shall furnish said minor with sufficient food and clothing; to treat said minor humanely; furnish medical attention in case of sickness; teach or cause to be taught him or her to read and write, if under fifteen years old; and will conform to any law that may be hereafter passed for the regulation of the duties and relation of master and apprentice:
—–Provided, that said apprentice shall be bound by indenture, in case of males until they are twenty-one years old, and in case of females until they are eighteen years old.

Section 3. Be it further enacted, that in the management and control of said apprentices, said master or mistress shall have power to inflict such moderate corporeal chastisement as a father or guardian is allowed to inflict on his or her child or ward at common law:
—–Provided, that in no case shall cruel or inhuman punishment be inflicted.

Section 4. Be it further enacted, that if any apprentice shall leave the employment of his or her master or mistress without his or her consent, said master or mistress may pursue and recapture said apprentice and bring him or her before any justice of the peace of the county, whose duty it shall be to remand said apprentice to the service of his or her master or mistress; and in the event of a refusal on the part of said apprentice so to return, then said justice shall commit said apprentice to the jail of said county, on failure to give bond, until the next term of the county court; and it shall be the duty of said court, at the first term thereafter, to investigate said case; and if the court shall be of opinion that said apprentice left the employment of his or her master or mistress without good cause, to order him or her to be punished, as provided for the punishment of hired freedmen, as may be from time to time provided for by law, for desertion, until he or she shall agree to return to his or her master or mistress:
—–Provided, that the court may grant continuances, as in other cases; and provided, further, that if the court shall believe that said apprentice had good cause to quit his said master or mistress, the court shall discharge said apprentice from said indenture and also enter a judgment against the master or mistress for not more than $100, for the use and benefit of said apprentice, to be collected on execution, as in other cases….

II. Vagrancy Law
Section 1. Be it enacted by the legislature of the state of Mississippi, that all rogues and vagabonds, idle and dissipated persons, beggars, jugglers, or persons practising unlawful games or plays, runaways, common drunkards, common nightwalkers, pilferers, lewd, wanton, or lascivious persons, in speech or behavior, common railers and brawlers, persons who neglect their calling or employment, misspend what they earn, or do not provide for the support of themselves or their families or dependents, and all other idle and disorderly persons, including all who neglect all lawful business, or habitually misspend their time by frequenting houses of ill-fame, gaming houses, or tippling shops, shall be deemed and considered vagrants under the provisions of this act; and, on conviction thereof shall be fined not exceeding $100, with all accruing costs, and be imprisoned at the discretion of the court not exceeding ten days.

Section 2. Be it further enacted, that all freedmen, free Negroes, and mulattoes in this state over the age of eighteen years found on the second Monday in January 1966, or thereafter, with no lawful employment or business, or found unlawfully assembling themselves together either in the day or nighttime, and all white persons so assembling with freedmen, free Negroes, or mulattoes, or usually associating with freedmen, free Negroes, or mulattoes on terms of equality, or living in adultery or fornication with a freedwoman, free Negro, or mulatto, shall be deemed vagrants; and, on conviction thereof, shall be fined in the sum of not exceeding, in the case of a freedman, free Negro, or mulatto, 150, and a white man, $200, and imprisoned at the discretion of the court, the free Negro not exceeding ten days, and the white man not exceeding six months….

III. Civil Rights of Freedmen
Section 1. Be it enacted by the legislature of the state of Mississippi, that all freedmen, free Negroes, and mulattoes may sue and be sued, implead and be impleaded in all the courts of law and equity of this state, and may acquire personal property and choses in action, by descent or purchase, and may dispose of the same in the same manner and to the same extent that white persons may:
—–Provided, that the provisions of this section shall not be construed as to allow any freedman, free Negro, or mulatto to rent or lease any lands or tenements, except in incorporated towns or cities, in which places the corporate authorities shall control the same.

Section 2. Be it further enacted, that all freedmen, free Negroes, and mulattoes may intermarry with each other, in the same manner and under the same regulations that are provided by law for white persons:
—–Provided, that the clerk of probate shall keep separate records of the same.

Section 3. Be it further enacted, that all freedmen, free Negroes, and mulattoes who do now and have heretofore lived and cohabited together as husband and wife shall be taken and held in law as legally married, and the issue shall be taken and held as legitimate for all purposes. That it shall not be lawful for any freedman, free Negro, or mulatto to intermarry with any white person; nor for any white person to intermarry with aiy freedman, free Negro, or mulatto; and any person who shall so intermarry shall be deemed guilty of felony and, on conviction thereof, shall be confined in the state penitentiary for life; and those shall be deemed freedmen, free Negroes, and mulattoes who are of pure Negro blood; and those descended from a Negro to the third generation inclusive, though one ancestor of each generation may have been a white person….

IV. Penal Code
Section 1. Be it enacted by the legislature of the state of Mississippi, that no freedman, free Negro, or mulatto not in the military service of the United States government, and not licensed so to do by the board of police of his or her county, shall keep or carry firearms of’any kind, or any ammunition, dirk, or Bowie knife; and, on conviction thereof in the county court, shall be punished by fine, not exceeding $10, and pay the costs of such proceedings, and all such arms or ammunition shall be forfeited to the informer; and it shall be the duty of every civil and military officer to arrest any freedman, free Negro, or mulatto found with any such arms or ammunition, and cause him or her to be committed for trial in default of bail.

Section 2. Be it further enacted, that any freedman, free Negro, or mulatto committing riots, routs, affrays, trespasses, malicious mischief, cruel treatment to animals, seditious speeches, insulting gestures, language, or acts, or assaults on any person, disturbance of the peace, exercising the function of a minister of the Gospel without a license from some regularly organized church, vending spirituous or intoxicating liquors, or committing any other misdemeanor t e punishment of which is not specifically provided for by law shall, upon conviction thereof in the county court, be fined not less than $10 and not more than $100, and may be imprisoned, at the discretion of the court, not exceeding thirty days.

Section 3. Be it further enacted, that if any white person shall sell, lend, or give to any freedman, free Negro, or mulatto any firearms, dirk, or Bowie knife, or ammunition, or any spirituous or intoxicating liquors, such person or persons so offending, upon conviction thereof in the county court of his or her county, shall be fined not exceeding $50, and may be imprisoned, at the discretion of the court, not exceeding thirty days:
—–Provided, that any master, mistress, or employer of any freedman, free Negro, or mulatto may give to any freedman, free Negro, or mulatto apprenticed to or employed by such master, mistress, or employer spirituous or intoxicating liquors, but not in sufficient quantities to produce intoxication.

Section 4. Be it further enacted, that all the penal and criminal laws now in force in this state defining offenses and prescribing the mode of punishment for crimes and misdemeanors committed by slaves, free Negroes, or mulattoes be and the same are hereby reenacted and declared to be in full force and effect against freedmen, free Negroes, and mulattoes, except so far as the mode and manner of trial and punishment have been changed or altered by law.

Section 5. Be it further enacted, that if any freedman, free Negro, or mulatto convicted of any of the misdemeanors provided against in this act shall fail-or refuse, for the space of five days after conviction, to pay the fine and costs imposed, such person shall be hired out by the sheriff or other officer, at public outcry, to any white person who will pay said fine and all costs and take such convict for the shortest time….

Chapter 22 Outline

This will be due December 1 at the beginning of class.

Chapter 22 Outline for notes

I. What were conditions like in the South in the postwar period?
—–A. Former Confederate officials
—–B. Effects of total war
—–C. Planter class
—–D. Freedmen
———-Exodusters
———-AMA
———-Freedmen’s Bureau
———-Oliver Howard
———-Black Codes
—–E. Sharecropping

II. What were the different plans for Reconstruction, and the important laws passed during this time?
—–A Presidential Reconstruction
———-Lincoln’s “10% Plan”
———-and criticism of it
———-“whitewashed rebels”
—–B. Congressional Reconstruction
———-Wade- Davis Bill
———-Radical Republicans
—–C. Military Reconstruction
———-Reconstruction Act
———-15th Amendment
—–D. Civil Rights Bill and the 14th Amendment
—–E. struggle between Johnson and Radicals
———-“swing ‘round the circle”
———-Tenure in Office Act
———-impeachment
—–F. The 15th Amendment and Women’s Rights

III. Describe the political situation in the South during Reconstruction.
—–A. Radical Regimes
———-Plans
———-“New South”
—–B. Union League
—–C. Scalawags and carpet-baggers
—–D. Southern resistance
———-Redeemers
———-Home Rule Regimes
—–E. KKK
———-Force Acts of 1870
—–F. Violating the 15th Amendment
———-Literacy tests
———-grandfather clauses
———-poll taxes (LOOK THESE UP!!!)

IV. Alaska—this doesn’t fit anywhere else in this chapter!

Response to Literacy Test and Black Code

In the comments section, provide a response to the literacy test or the Black Code. You can explain how it made you feel, explain some aspect you found particularly meaningful, and so on. Make sure you use a pseudonym (look it up!) You have until Thursday to post a comment for credit.

Also, make sure that you complete the questions over the Mississippi Black Code (posted below) by B/C meeting day.

The Wade-Davis Bill

Wade-Davis Bill (1864)

A Bill to guarantee to certain States whose Governments have been usurped or overthrown a Republican Form of Government.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the states declared in rebellion against the United States, the President shall, by and with the advice and con- sent of the Senate, appoint for each a provisional governor, whose pay and emoluments shall not exceed that of a brigadier-general of volunteers, who shall be charged with the civil administration of such state until a state government therein shall be recognized as hereinafter provided.

SEC. 2. And be it further enacted, That so soon as the military resistance to the United States shall have been suppressed in any such state, and the people thereof shall have sufficiently returned to their obedience to the constitution and the laws of the United States, the provisional governor shall direct the marshal of the United States, as speedily as may be, to name a sufficient number of deputies, and to enroll all white male citizens of the United States, resident in the state in their respective counties, and to request each one to take the oath to support the constitution of the United States, and in his enrolment to designate those who take and those who refuse to take that oath, which rolls shall be forthwith returned to the provisional governor; and if the persons taking that oath shall amount to a majority of the persons enrolled in the state, he shall, by proclamation, invite the loyal people of the state to elect delegates to a convention charged to declare the will of the people of the state relative to the reestablish- ment of a state government subject to, and in conformity with, the constitution of the United States.

SEC. 3. And be it further enacted, That the convention shall consist of as many members as both houses of the last constitutional state legislature, apportioned by the provisional governor among the counties, parishes, or districts of the state, in proportion to the white population, returned as electors, by the marshal, in compliance with the provisions of this act. The provisional governor shall, by proclamation, declare the number of delegates to be elected by each county, parish, or election district; name a day of election not less than thirty days thereafter; designate the places of voting in each county, parish, or district, conforming as nearly as may be convenient to the places used in the state elec- tions next preceding the rebellion; appoint one or more commissioners to hold the election at each place of voting, and provide an adequate force to keep the peace during the election.

SEC.4. And be it further enacted, That the delegates shall be elected by the loyal white male citizens of the United States of the age of twenty-one years, and resident at the time in the county, parish, or district in which they shall offer to vote, and enrolled as aforesaid, or absent in the military service of the United States, and who shall take and subscribe the oath of allegiance to the United States in the form contained in the act of congress of July two, eighteen hundred and sixty-two; and all such citizens of the United States who are in the military service of the United States shall vote at the head-quarters of their respective commands, under such regulations as may be prescribed by the pro-visional governor for the taking and return of their votes; but no person who has held or exercised any office, civil or military, state or confederate, under the rebel usurpation, or who has voluntarily borne arms against the United States, shall vote, or be eligible to be elected as delegate, at such election.

SEC.5. And be it further enacted, That the said commissioners, or either of them, shall hold the election in conformity with this act, and, so far as may be consistent therewith, shall proceed in the manner used in the state prior to the rebellion. The oath of allegiance shall be taken and subscribed on thc poll-book by every voter in the form above prescribed, but every person known by or proved to, the commissioners to have held or exercised any office, civil or military, state or confederate, under the rebel usurpation, or to have voluntarily borne arms against the United States, shall be excluded, though he offer to take the oath ; and in case any person who shall have borne arms against the United States shall offer to vote he shall be deemed to have borne arms voluntarily unless he shall prove the contrary by the testimony of a qualified voter. The poll-book, showing the name and oath of each voter, shall be returned to the provisional governor by the commissioners of election or the one acting, and the provisional governor shall canvass such returns, and declare the person having the highest number of votes elected.

SEC. 6. And be it further enacted, That the provisional governor shall, by proclamation, convene the delegates elected as aforesaid, at the capital of the state, on a day not more than three months after the election, giving at least thirty days’ notice of such day. In case the said capital shall in his judgment be unfit, he shall in his proclamation appoint another place. He shall preside over the deliberations of the convention, and administer to each delegate, before taking his seat in the convention, the oath of allegiance to the United States in the form above prescribed.

SEC. 7. And be it further enacted, That the convention shall declare, on behalf of the people of the state, their submission to the constitution and laws of the United States, and shall adopt the following provisions, hereby prescribed by the United States in the execution of the constitutional duty to guarantee a republican form of government to every state, and incorporate them in the con- stitution of the state, that is to say:

First. No person who has held or exercised any office, civil or military, except offices merely ministerial, and military offices below the grade of colonel, state or confederate, under the usurping power, shall vote for or be a member of the legislature, or governor.
Second. Involuntary servitude is forever prohibited, and the freedom of all persons is guaranteed in said state.
Third. No debt, state or confederate, created by or under the sanction of the usurping power, shall be recognized or paid by the state.

SEC. 8. And be it further enacted, That when the convention shall have adopted those provisions, it shaII proceed to re-establish a republican form of government, and ordain a constitution containing those provisions, which, when adopted the convention shall by ordinance provide for submitting to the people of the state, entitled to vote under this law, at an election to be held in the manner prescribed by the act for the election of delegates; but at a time and place named by the convention, at which election the said electors, and none others, shall vote directly for or against such constitution and form of state government, and the returns of said election shall be made to the provisional gov- ernor, who shall canvass the same in the presence of the electors, and if a major- ity of the votes cast shall be for the constitution and form of government, he shall certify the same, with a copy thereof, to the President of the United .States, who, after obtaining the assent of congress, shall, by proclamation, recognize the government so established, and none other, as the constitutional government of the state, and from the date of such recognition, and not before, Senators and Representatives, and electors for President and Vice President may be eleected in such state, according to the laws of the state and of the United States.

SEC. 9. And be it further enacted, That if the convention shall refuse to reestablish the state government on the conditions aforesaid, the provisional gov- ernor shall declare it dissolved; but it shall be the duty of the President, whenever he shall have reason to believe that a sufficient number of the people of the state entitled to vote under this act, in number not less than a majority of those enrolled, as aforesaid, are willing to reestablish a state government on the conditions aforesaid, to direct the provisional governor to order another election of delegates to a convention for the purpose and in the manner prescribed in this act, and to proceed in all respects as hereinbefore provided, either to dissolve the convention, or to certify the state government reestablished by it to the President.

SEC. 10. And be it further enacted, That, until the United States shall have recognized a republican form of state government, the provisional governor in each of said states shall see that this act, and the laws of the United States, and the laws of the state in force when the state government was overthrown by the rebellion, are faithfully executed within the state ; but no law or usage whereby any person was heretofore held in involuntary servitude shall be recognized or enforced by any court or officer in such state, and the laws for the trial and punishment of white persons shall extend to all persons, and jurors shall have the qualifications of voters under this law for delegates to the convention. The President shall appoint such officers provided for by the laws of the state when its government was overthrown as he may find necessary to the civil administration of the slate, all which officers shall be entitled to receive the fees and emoluments provided by the state laws for such officers.

SEC. 11. And be it further enacted, That until the recognition of a state government as aforesaid, the provisional governor shall, under such regulations as he may prescribe, cause to be assessed, levied, and collected, for the year eighteen hundred and sixty-four, and every year thereafter, the taxes provided by the laws of such state to be levied during the fiscal year preceding the overthrow of the state government thereof, in the manner prescribed by the laws of the state, as nearly as may be ; and the officers appointed, as aforesaid, are vested with all powers of levying and collecting such taxes, by distress or sale, as were vested in any officers or tribunal of the state government aforesaid for those purposes. The proceeds of such taxes shall be accounted for to the provisional governor, and be by him applied to the expenses of the administration of the laws in such state, subject to the direction of the President, and the surplus shall be deposited in the treasury of the United States to the credit of such state, to be paid to the state upon an appropriation therefor, to be made when a republican form of government shall be recognized therein by the United States.

SEC. 12. And be it further enacted, that all persons held to involuntary servitude or labor in the states aforesaid are hereby emancipated and discharged therefrom, and they and their posterity shall be forever free. And if any such persons or their posterity shall be restrained of liberty, under pretence of any claim to such service or labor, the courts of the United States shall, on habeas corpus, discharge them.

SEC. 13. And be it further enacted, That if any person declared free by this act, or any law of the United States, or any proclamation of the President, be restrained of liberty, with intent to be held in or reduced to involuntary servi- tude or labor, the person convicted before a court of competent jurisdiction of such act shall be punished by fine of not less than fifteen hundred dollars, and be imprisoned not less than five nor more than twenty years.

SEC. 14. And be it further enacted, That every person who shall hereafter hold or exercise any office, civil or military, except offices merely ministerial, and military offices below the grade of colonel, in the rebel service, state or con- federate, is hereby declared not to be a citizen of the United States.

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Lincoln on the Wade-Davis Bill

Here Lincoln explains his reasons for pocket-vetoing the Wade -Davis Bill, which would have made Reconstruction much harsher upon the South.

Proclamation on the Wade-Davis Bill
Abraham Lincoln, July 8, 1864

Whereas, at the late Session, Congress passed a Bill, “To guarantee to certain States, whose governments have been usurped or overthrown, a republican form of Government.” a copy of which is hereunto annexed:

And whereas, the said Bill was presented to the President of the United States, for his approval, less than one hour before the sine die adjournment of said Session, and was not signed by him:

And whereas, the said Bill contains, among other things, a plan for restoring the States in rebellion to their proper practical relation in the Union, which plan expresses the sense of Congress upon that subject, and which plan it is now thought fit to lay before the people for their consideration:

Now, therefore, I, Abraham Lincoln, President of the United States, do proclaim, declare, and make known, that, while I am, (as I was in December last, when by proclamation I propounded a plan for restoration) unprepared, by a formal approval of this Bill, to be inflexibly committed to any single plan of restoration; and, while I am also unprepared to declare, that the free-state constitutions and governments, already adopted and installed in Arkansas and Louisiana, shall be set aside and held for nought, thereby repelling and discouraging the loyal citizens who have set up the same, as to further effort; or to declare a constitutional competency in Congress to abolish slavery in States, but am at the same time sincerely hoping and expecting that a constitutional amendment, abolishing slavery throughout the nation, may be adopted, nevertheless, I am fully satisfied with the system for restoration contained in the Bill, as one very proper plan for the loyal people of any State choosing to adopt it; and that I am, and at all times shall be, prepared to give the Executive aid and assistance to any such people, so soon as the military resistance to the United States shall have been suppressed in any such State, and the people thereof shall have sufficiently returned to their obedience to the Constitution and the laws of the United States,-in which cases, military Governors will be appointed, with directions to proceed according to the Bill.