This is an 8-part series on the 14th Amendment to the US Constitution and how it affects among other things, “birthright citizenship.” Today’s offering is: The Chaos After Surrender.
Ed.
As the previous article stated, the period between Appomattox in 1865 and the ratification of the 14th Amendment was probably the most tumultuous period in the history of the United States. It was indeed a second civil war of sorts, with the weapon of choice being words and the ideals of life, liberty and the pursuit of happiness.
The stage was set in 1864 by the re-election of Abraham Lincoln. He believed that the war was coming to an end and the Nation had to come together. He knew there was strife between factions – the radical Republicans wanted severe penalties for diehard Democrats in the South, who only wanted white supremacy to remain. In the midst of this, Lincoln’s primary goal was to restore a Nation “of the people, by the people, for the people”, a dream that started far earlier than that epic battle in Pennsylvania in July of 1863.
Lincoln’s 10 Percent Plan Executive Order, signed December 1863, would allow States to re-enter the Union, if 10% of the eligible male voters would swear allegiance to the Nation. Within months, this 10% Plan was replaced by the radical Republicans in Congress with the Wade Davis Bill, demanding 50% allegiance, that all African Americans could vote, and voting privileges denied any person who took up arms against the United States. The bill passed Congress, but Lincoln provided a pocket veto by refusing to sign it into Law by the time requirement dictated in the Constitution.
Later, in January 1865, in the aftermath of General Sherman’s march to the sea, General Sherman created the 40 Acres and a Mule plan which gave every freed black family exactly that along the coast in Georgia and South Carolina. Many in the South believed this edict violated the V Amendment, in that the landowners lost property without due process of law. In later years, Civil Rights activists used this program as an example of the “bait and switch” techniques used in government.
Congress passed the Freedmen’s Bureau act on March 3rd, 1865. In short, the Nation realized that some 3-million former slaves, or chattel, were legally within the United States by the contents of the Dred Scott Decision in 1857. Many of these people needed assistance in matters of clothing, shelter, food, medical care and other essential needs. If help did not arrive, there would simply be more chaos.
President Lincoln laid out his vision of reunification during his 2nd Inaugural Address on March 4th, 1865, when he stated:
The Confederacy surrendered on April 9th at Appomattox and were given fair terms by General Grant. Grant agreed with Lincoln that the Nation was better off united. Many in the North did not agree.
During this time, support was growing for the 13th Amendment, the abolishment of slavery and involuntary servitude. Of interest is that the Congressional discussion of the 13th Amendment did not include any members from the 11 Confederate States(1), however, the membership of the 38th Congress did include Delegates from all the Territories. Following the Federal votes approving the Amendment, Lincoln sent the Amendment to the (36) States for ratification on February 2nd,1865, even though the war was not over.
Illinois, Rhode Island, Michigan, Maryland, New York, Pennsylvania, West Virginia, Missouri, Maine, Kansas, Massachusetts, Virginia (the government in exile), Ohio, Indiana, Nevada, Louisiana, Minnesota, Wisconsin, Vermont, Tennessee, and Arkansas voted to ratify the 13th Amendment prior to Lincoln’s assassination.
On April 11th, Lincoln gave his final speech. Many Republicans encouraged him to ignore the ratification votes of the former Confederate states, but Lincoln was firm in his commitment that the South never left the Union.
“Again, if we reject Louisiana, we also reject one vote in favor of the proposed amendment to the national Constitution. To meet this proposition, it has been argued that no more than three-fourths of those States which have not attempted secession are necessary to validly ratify the amendment. I do not commit myself against this, further than to say that such a ratification would be questionable, and sure to be persistently questioned; while a ratification by three-fourths of all the States would be unquestioned and unquestionable.” (2)
Lincoln was shot on April 14th, 1865 and died the next day, on April 15th, a day that became the American Citizen Federal Tax due date.
Connecticut and New Hampshire ratified the 13th Amendment after the assassination of Lincoln, which brought the total to 23 States.
The proposed 13th Amendment needed four more State ratifications. President Johnson worked with South Carolina, Alabama, North Carolina and finally Georgia to obtain the required 27 State passage of the 13th Amendment by December 6th, 1865, the start of the 39th Congress. Ultimately, Oregon, California, Florida ratified the 13th Amendment in 1865, Iowa and New Jersey in 1866, Texas in 1870, Delaware in 1901, Kentucky in 1976 and Mississippi in 1995; thus, completing the ratification of all States involved in the War.
But… for the first time in the history of the Amendment process, there were teeth provided to enforce the Amendment. “13th Amendment, Section 2: Congress shall have power to enforce this article by appropriate legislation.” This resulted in South Carolina and Alabama issuing a resolution upon the acceptance of the Amendment — “that it does not confer upon Congress the power to Legislate upon the political status of Freedmen in this State.” (3) This language was to cause great concern in the coming years.
While all States participated in the Amendment process, former Confederate States were denied membership in Congress. With the commencement of the 39th Congress on December 4th, 1865, delegates from Tennessee attempted to present credentials to participate in the Congress. Their petitions were ignored.
President Johnson wanted a new but similar reconstruction plan to Lincoln to return the Nation to “normal”. But his plan did nothing to solve underlying issues between black free persons and whites, it simply restored the original land property to owners, allowed States to start provisional governments, and gave general amnesty to Southerners, with the exception of the Confederate leaders, who had to apply for amnesty.
Congress did not agree and formed a 24-member committee to determine what was required for re-admittance of southern members into Congress (4), which ultimately resulting in the Reconstruction Act of 1867.
With no regard to the actions of Congress in 1865, the South immediately started to undermine the intent of the 13th Amendment, with the creation of Black Codes. These laws were created to hamper the freedom of the African American population, who were free, but not citizens. Each State was different, but the laws denied the total benefits of life, liberty and the pursuit of happiness; rules were tightened on vagrancy, wages, opportunities, home ownership and voting. They became the foundation of the future Jim Crow Laws.
Th 39th Congress attempted to thwart the effects of the Black Codes by passing the Civil Rights Act of 1866, after overriding a Presidential veto.
Section 1 of 10: That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States; and such citizens, of every race and color, without regard to any previous condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall have the same right, in every State and Territory in the United States, to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens, and shall be subject to like punishment, pains, and penalties, and to none other, any law, statute, ordinance, regulation, or custom, to the contrary notwithstanding. (5)
Members of 39th Congress understood that this Civil Rights Act could be easily overturned by a new Congress; they understood that there were no Congressional members from the former 11 Confederate States involved in the discussion, so, they immediately laid the groundwork for the 14th Amendment. A very complex session of Congress had now become more difficult.
Tom Weaver, PATRIOT ©2/15/25
- The Reconstruction Amendments, The Essential Documents Volume 1, Edited by Kurt T.Lash, University of Chicago 2021, page 384
- ibid, page 536
- ibid, page 559 Alabama and page 546 South Carolina
- The Reconstruction Amendments, The Essential Documents Volume 2, Edited by Kurt T.Lash, University of Chicago 2021, page 21
- https://www.britannica.com/topic/Civil-Rights-Act-United-States-1866
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