Civil War: Fratricide in America, 1850s to 1877

• Capital-Intensive economy vs. Land/labor-intensive economy

• Urban society vs. Rural Society

• State Rights

• Union: Perpetual and Inseparable Union

• Territorial Expansion exacerbates slavery

• Slavery

• Constitutional Crisis

Constitutional Crisis

Polarization of Congress, the Judiciary, and Executive Branch

• Congress is Polarized:

• Missouri Compromise 1820, Compromise of 1850, Kansas/Nebraska Act of 1854

• Supreme Court Polarized:

• Dred Scott Decision of 1857

• Executive Branch Rendered Impotent: Lincoln’s Ambivalence on Slavery, New Republic Party, Electoral College Victory

Lincoln Evolving View on Slavery

• Blacks and Whites are naturally equal but socially unequal

• Union First: With or Without Slavery

• President must adhere/defend Constitution’s recognition of slavery

• Repatriation/Colonization of Slaves: Africa, Mexico, Caribbean (Liberia, Monrovia)

• South uses slaves in military effort, hence, Lincoln rationalized constitutional authority to counteract South.

• Emancipation Proclamation Act of 1863: Military Edict announcing manumission of slaves in rebelling states only.

• Presidential Reconstruction policy focuses on unity

The Problem with Reconstruction

• Which branch of Government has authority over the South?

• Slavery is not abolished after South surrenders

• Treason must be punished

• What to do with displace people/slaves

• Union Military: Freedom for Slaves, 40 Acres and a Mule

Executive Reconstruction: 10% Plan

• Constitutional Power to ensure States with republican form of government

• States must be put back to their “rightful relations to the Union”

• States must convene a state convention expressing Unity, Loyalty, and 10% of the electorate must approve and vote for electors

The Andrew Johnson Factor

• Southern (Tennessee)

• Democrat (Union)

• Executive Pardons (13,000!)

• Executive Cabinet Member Dismissed: Secretary of War Edward Stanton vs. US Grant

• Office of Tenure Act “Violated,” 1867

• Impeachment of Johnson leads to a
“lame duck” presidency

Congressional Reconstruction: 50% Plan

• Radical (abolitionist) vs. Conservative Republicans vs. Copperheads (Union Democrats)

• Constitutional Power: Southern States reverted to territorial status, hence, Congress has authority over them

• Five Military Districts Established in Response to Southern Reactionary: Black Codes

• States must abolish Slavery (protect Republican Party)

• States must ratify 13th, 14th, and 15th Amendments

• Compromise of 1877