Presidential Reconstruction

Presidential Reconstruction is the term used to define the phase of Reconstruction led by the President using executive powers. Reconstruction, the process of restoring the states that rebelled against the United States in the American Civil War (1861-5) back into the union, created a Constitutional crisis between the Legislative and Executive Branches of the American government, especially over the separation of powers.

Did the southern states legally leave the Union? If so, their reentry should require legal and legislative action by Congress. If not, and even in defeat, the states kept their constitutional status, then their terms for restoration would be an administrative issue left to the President. The Reconstruction battle between the President and Congress began before the war concluded, and it started with Abraham Lincoln.

Presidential Reconstruction Summary

Presidential Reconstruction began with the presidential veto of the Wade-Davis Bill in 1864. To understand the significance of this veto by Abraham Lincoln, it is essential to understand the context of the Bill and Lincoln’s plan for Reconstruction.

Presidential Reconstruction Meaning

So, what does Presidential Reconstruction actually mean?

Presidential Reconstruction Plan

Let's look at Abraham Lincoln's and and Andrew Johnson's plans for Reconstruction.

Lincoln’s Vision

As a wartime president, Lincoln had the freedom and executive power to lead Reconstruction efforts. In December 1863, Lincoln proposed a plan that allowed for general amnesty to all but high-ranking Confederates; a state would be readmitted when ten percent of a seceded state's voters had to take an oath of loyalty, and the state’s legislature approved the 13^th Amendment abolishing slavery.

Fig. 1 - Abraham Lincoln began presidential reconstruction before the Civil War ended

The Confederate states rejected Lincoln’s plan, and congressional Republicans responded with a harsher plan. The Wade-Davis Bill passed Congress in July 1864. The provisions of the bill for Confederate Reinstatement were:

• An Oath of Loyalty by a majority of the state's white adult men.

• New governments in each state comprised only those men who had not taken up arms against the Union.

• The permanent disenfranchisement of Confederate leaders.

Lincoln responded by pocket-vetoing the bill, leaving it unsigned when Congress adjourned in March 1865. During this time, Lincoln began to seek compromises with Congress over the plan. Lincoln never completed his plan as he was assassinated in April 1865. By accident of timing, his successor, Andrew Johnson, was open to acting on his beliefs on Reconstruction. He believed that Reconstruction was the prerogative of the President, not Congress.

Johnson’s Vision

In May 1865, Johnson began to advance his version of Reconstruction.

• Johnson offered amnesty to all Southerners who took an oath of allegiance, excluding high-ranking Confederate officials.

• Provisional governors would be appointed to oversee the southern states.

• Southern states could be restored to the Union by revoking their ordinances of secession, repudiating Confederate debts, and ratifying the 13^th Amendment.

Within a short period, all the former Confederate states met Johnson’s terms and had functioning republican governments.

Fig. 2 - President Andrew Johnson continued Presidential Reconstruction after the death of Abraham Lincoln

Presidential and Congressional Reconstruction

At first, Republicans in Congress responded favorably to Johnson’s plan. The moderates in Congress approved of Johnson’s argument that it was up to the states, not the federal government, to define the rights of the newly freed enslaved people. Even the Radicals - Republicans seeking a hard line towards the South - held back their reservations. The harsh treatment of the Confederate leaders appealed to them, and they waited for signs of good faith in the South, such as the generous treatment of the freed enslaved people.

These actions of good faith did not happen. The South, still reeling from the wounds of the war, held on to their old system. Slavery was replaced with Black Codes - laws designed to severely restrict the rights and movement of the freed enslaved people in the south.

Instead of following through with his proposed harsh treatment of Confederate leaders, Johnson began to forgive the leaders with leniency. With these weaker pardons, ex-Confederate leaders soon began to filter back into Congress, including Alexander Stephens, the former Vice-President of the Confederacy.

In addition, Congress passed a bill extending the Freedman’s Bureau - an agency created to help freed African Americans with transitioning - and Congress passed a civil rights bill. Johnson vetoed both. Congress could not override the veto for the Freedman’s Bureau but could override the veto for the civil rights bill. In response, Johnson moved to organize support against the Radical Republicans with sympathetic southerners and conservative northern Republicans.

The End of Presidential Reconstruction

With Congress in complete opposition to Johnson, he took the only actions he could to reduce the effectiveness of the emerging Congressional plan - remove the officials in the Executive branch who would be enforcing the plan. In 1867, Johnson removed the Secretary of War, Edwin Stanton, and replaced him with Ulysses S. Grant, believing Grant would remain loyal. However, Grant opposed Johnson's actions and became a public critic of his actions. Grant resigned, allowing Stanton to retake the office.

Fig. 3 - Secretary of War, Edwin Stanton, whose dismissal and issues led to the impeachment of Andrew Johnson

When Johnson formally dismissed Stanton a second time, Congress drew up Articles of Impeachment against President Andrew Johnson for the first time in US history. The House passed the Articles, but the trial in the Senate failed to remove Johnson from office by one vote less than the two-thirds majority required. Though acquitted, Johnson’s administration was severely weakened. His impeachment ended Presidential Reconstruction and paved the way for Radical Reconstruction led by the Republican-controlled legislative branch.