RECONSTRUCTION:

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RECONSTRUCTION NORTHERN WAR AIMS
VERSUS SOUTHERN CULTURE
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RECONSTRUCTION
Tests Commitment of Both Sides
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CONSTITUTION OFFERS NO
GUIDELINES FOR RECONSTRUCTION
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CURRENT INTERPRETATION RECONSTRUCTION FAILED
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CURRENT INTERPRETATION RECONSTRUCTION FAILED
Todays Racial Inequalities Are the Fault of
Reconstruction
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CURRENT INTERPRETATION RECONSTRUCTION FAILED
Todays Racial Inequalities Are the Fault of
Reconstruction
Civil Equality Too Mild a Program
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SOUTHERN ATTITUDESREGARDING THERESULTS OF THE
WAR
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U.S. Commanding General
Ulysses S. Grant
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Carl Schurz
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South Refuses to Accept Defeat
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South EnactsPresidential ReconstructionBut
Was Not Persuaded
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ACTION Ex-ConfederatesElected to Office
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ACTION Ex-ConfederatesElected to Office
Confederate Vice President Alexander
Stephens of Georgia
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REACTION Congress Refusesto Seat
Ex-Confederates
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REACTION Congress Refusesto Seat
Ex-Confederates

• Secretary of the House of Representative
• Edward McPherson

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ACTION The Black Codes
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REACTIONThe Civil Rights Act of 1866
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Civil Rights Act Confers Citizenship
Connecticut

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Civil Rights Act Confers Citizenship

• Bans Private Racial Discrimination
• in Property

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Civil Rights Act Confers Citizenship

• Bans Private Racial Discrimination
• in Property
• Equal Benefits of Law
• Same Punishments, Pains and
• Penalties

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Was the Civil Rights Act of
1866Constitutional?Implements Section 2 of
13th Amendment
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• 13th Amendment
• Abolishes Property Rights
• in Persons
• Abolishes Badges and Incidents of
  Slavery

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REACTION

• 14th Amendment
• June 1866

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Enforcement Act of 1870

• Congress Re-Adopts
• Civil Rights Act of 1866

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• 14th Amendment
• Alternative to Permanent
• Military Occupation
• of the South

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14th Amendment

• Citizenship
• Due Process of Law
• Equal Protection of the Laws

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14th Amendment

• U.S. Protects Individuals Against
• Discrimination By State Government

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U.S. Protects Individuals Against
Discrimination By State Government
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SOUTHERN STATESREJECT 14TH AMENDMENT
ACTION
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• CONGRESS ? RATIFICATION
• OF THE 14TH AMENDMENT
• THE SINGLE TEST OF LOYALTY
• TO THE UNITED STATES

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CATCH 22
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REACTION First Reconstruction ActMarch 2,
1867

• Imposes Military Rule
• on the South

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MILITARY RULESUPPORTED BYMODERATE and
RADICALREPUBLICANS
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Republican Senator John Shermanof Ohio
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• SOUTHERNERS
• PREFER
• MILITARY RULE
• TO CIVIL EQUALITY

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Congressional RepublicansOverride Presidential
Veto

• 135 to 48 in House of Representatives
• 38 to 10 in Senate

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RECONSTRUCTION ACTMILITARY GOVERNMENTREPLACES
CIVIL GOVERNMENT
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RECONSTRUCTION ACTMILITARY GOVERNMENTREPLACES
CIVIL GOVERNMENT

• Oversee Formation of New
• State Constitutions

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RECONSTRUCTION ACTMILITARY GOVERNMENTREPLACES
CIVIL GOVERNMENT

• Oversee Formation of New
• State Constitutions
• Black Males Vote

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RECONSTRUCTION ACTMILITARY GOVERNMENTREPLACES
CIVIL GOVERNMENT

• Oversee Formation of New
• State Constitutions
• Black Males Vote
• New Civil Government MUST RATIFY
• 14th Amendment

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Edwin L. GodkinFounder/Editor of The Nation
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• March 1868
• New (Pro-Northern)
• Civil Governments

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INHERENT DILEMMA OF
RECONSTRUCTION

Restoration of White Loyalty and

Racial Equality are
Conflicting Objectives
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• RECONSTRUCTION
• REESTABLISHED
• CONSTITUTIONAL GOVERNMENT
• IN AMERICA

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• Radical Republicans Seek
• Orderly Reunion through
• Civil Equality

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• CIVIL EQUALITY
• ENFORCED
• A MOMENTOUS
• ACHIEVEMENT

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• WAS RECONSTRUCTION
• TOO LIMITED?

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PRESENTISM

• BIASES HISTORICAL ACCURACY

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PRESENTISM

• HISTORY IS A PACK OF TRICKS
• WE PLAY ON THE DEAD!

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• RADICALS ACHIEVED THEIR
• PRIMARY OBJECTIVE ---
• and STOPPED!

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NORTHERN CONCEPT OF AFRICAN-AMERICANS

• Northerners Believe in
• Self Help for ALL

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Northern Middle Class ValuesMust Be Learned
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• Northerners Failed
• to Understand the Depth
• of Southern Culture

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FAITH IN LEGAL ENACTMENTS
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HISTORICAL SATURATION
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Radical Motives NOT Primarily Political
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Radical Motives NOT Primarily Political No
Attempt to Block Democratic Victories
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• Many Northern Republicans
• Defeated for Supporting
• 15th Amendment

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Radical Motives NOTPrimarily Economic
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Radicals Badly Dividedon Economic Policy
Charles Sumner
Thaddeus Stevens
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NO LAND REFORM

• CONGRESS MAY NOT INTERFERE
• with PROPERTY RIGHTS in an
• ERA OF LAISSEZ-FAIRE LIBERALISM

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• NORTHERN BUSINESSMEN
• RELUCTANT TO LOAN MONEY
• TO SOUTHERNERS

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• RADICALS MOTIVATED BY IDEOLOGY ---
• BUT WHAT IDEOLOGY?

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RADICALS NOT

• HUMANITARIANS
• BELIEVERS IN EQUAL INNATE
• RIGHTS
• DEVOUTLY EGALITARIAN
• OFFERING JUSTICE FOR
• CENTURIES OF BONDAGE

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Radicals Believe in Civilization

• Moral Exercise of Freedom
• Improves Ethical Level
• of Human Relationships

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• CIVILIZATION REQUIRES
• ORDER

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ORDER REQUIRESFREE INSTITUTIONS

• Free Institutions Internalize Conflicts
• In Peaceful Forums

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• CIVIL UNREST (DISORDER)
• THREATENS ORDER
• CIVIL INEQUALITIES
• CAUSE CIVIL UNREST

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CIVIL EQUALITY DEFUSES DISORDERRESTORES SOCIAL
HARMONY

• FREED PEOPLE CAN
• PROTEST THEMSELVES

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CIVIL EQUALITY FOR CIVILIZATION
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• CIVILIZATION ALSO REQUIRES
• RETREAT FROM RECONSTRUCTION
• ONCE FREED PEOPLE
• ARE PROTECTED ?
• TIME TO RESTORE WHITE SOUTH

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RADICAL REPUBLICAN GOAL

• PROTECT FREED PEOPLE BY CIVIL EQUALITY ENFORCED
• RESTORE WHITE SOUTH AS BALANCE

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Edwin L. Godkin
what valuable additions did we make to the
art of civilization.
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CIVIL RIGHTS ACT OF 1875

• BANS RACIAL DISCRIMINATION IN
• PUBLIC ACCOMMODATIONS

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Civil Rights Act of 1875 Equal Public
Accommodations
Hotels
Public Conveyances
Places of Amusement
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Primary Sponsors of the
Civil Rights Act of 1875
Senator Charles Sumner Republican - Massachusetts
Benjamin F. Butler Republican - Massachusetts
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Civil Rights Act of 1875 Equal Public
Accommodations
Desegregated Public Schools
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• CIVIL RIGHTS ACT OF 1875
• RESTS ON ENABLING CLAUSE
• OF 14TH AMENDMENT

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WHY DID RADICAL REPUBLICANS PASS THE CIVIL
RIGHTS ACT OF 1875?

• IDEOLOGY
• BELIEF IN CIVIL EQUALITY
• ENFORCED!

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Election of 1874
Lost 100 Seats in House of Representatives
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James A. Garfield, Rep. Ohio
If Ruin Comes From This, I Welcome
Ruin.
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Chief Justice Morrison R. Waite

• U.S. v. CRUIKSHANK (1876)
• The 14th Amendment Does NOT
• Cover Private Discrimination.

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• CIVIL RIGHTS CASES (1883)
• The Civil Rights Act of 1875
• Is Unconstitutional

14th Amendment Does NOT Apply to Private
Discrimination
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JUSTICE JOSEPH BRADLEY

• Civil Rights Act of 1875 NOT
• Supported by 13th Amendment Either

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• EQUAL PUBLIC ACCOMMODATIONS
• AWAITS CIVIL RIGHTS ACT
• OF 1964

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CHIEF JUSTICE EARL WARREN

• Jones v. Alfred Mayer Co. (1968)
• CIVIL RIGHTS ACT OF 1866
• IS CONSTITUTIONAL!

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WHERE ARE WE NOW?