Reconstruction Acts Of 1867
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The Reconstruction Acts, or the Military Reconstruction Acts, (March 2, 1867, 14 Stat. 428-430, c.153; March 23, 1867, 15 Stat. 2-5, c.6; July 19, 1867, 15 Stat. 14-16, c.30; and March 11, 1868, 15 Stat. 41, c.25) were four statutes passed during the
Reconstruction Era The Reconstruction era was a period in American history following the American Civil War (1861–1865) and lasting until approximately the Compromise of 1877. During Reconstruction, attempts were made to rebuild the country after the bloo ...
by the
40th United States Congress The 40th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 1867, ...
addressing the requirement for Southern States to be readmitted to the
Union Union commonly refers to: * Trade union, an organization of workers * Union (set theory), in mathematics, a fundamental operation on sets Union may also refer to: Arts and entertainment Music * Union (band), an American rock group ** ''Un ...
. The actual title of the initial legislation was "An act to provide for the more efficient government of the Rebel States" and was passed on March 4, 1867. Fulfillment of the requirements of the Acts was necessary for the former
Confederate States The Confederate States of America (CSA), commonly referred to as the Confederate States or the Confederacy was an unrecognized breakaway republic in the Southern United States that existed from February 8, 1861, to May 9, 1865. The Confeder ...
to be readmitted to the Union from military and Federal control imposed during and after the American Civil War. The Acts excluded
Tennessee Tennessee ( , ), officially the State of Tennessee, is a landlocked state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to th ...
, which had already ratified the 14th Amendment and had been readmitted to the Union on July 24, 1866.


Background

Reconstruction first began under the Union Army, which implemented policies conducive to their military goals. The succession of
Andrew Johnson Andrew Johnson (December 29, 1808July 31, 1875) was the 17th president of the United States, serving from 1865 to 1869. He assumed the presidency as he was vice president at the time of the assassination of Abraham Lincoln. Johnson was a Dem ...
to the Presidency following the assassination of
Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...
was initially supported by Radicals in Congress, who thought Johnson's policies would be more punitive and far reaching than Lincoln's. However, Johnson took a conciliatory approach and inflicted almost no punishment on the South, even as Southern states passed the
Black Codes The Black Codes, sometimes called the Black Laws, were laws which governed the conduct of African Americans (free and freed blacks). In 1832, James Kent (jurist), James Kent wrote that "in most of the United States, there is a distinction in re ...
and sent Confederates to Congress. Johnson sought to finish Reconstruction by December 1865, before Congress would meet again. He was unsuccessful at this goal and when Congress met in 1866, they passed the
Freedmen's Bureau Bill The Freedmen's Bureau bills provided legislative authorization for the Freedmen's Bureau (formally known as the Bureau of Refugees, Freedmen and Abandoned Lands), which was set up by U.S. President Abraham Lincoln in 1865 as part of the United State ...
and the
Civil Rights Act of 1866 The Civil Rights Act of 1866 (, enacted April 9, 1866, reenacted 1870) was the first United States federal law to define citizenship and affirm that all citizens are equally protected by the law. It was mainly intended, in the wake of the Amer ...
, both over Johnson's veto. Johnson's hostility to Congressional plans led to growing discontent in Congress with his administration. The midterm elections of 1866 produced a resounding endorsement of Radical policy and rejection of Johnson's. Support grew among Congressional Republicans to wipe away the current Johnson state governments and their abuses and to create new governments.


History

The passage of the Reconstruction Acts marks the beginning of Congressional Reconstruction. The Acts set forth the requirements for the late rebel states to regain entry into the Union. For reentry, each state had to draft a new state constitution, which would have to be approved by Congress. These constitutions would have to enfranchise the freedmen and abolish the Black Codes. A key addition of the Acts included the creation of five military districts in the South, each commanded by a general, which would serve as the highest authority for the region, though few generals were actively involved in day to day affaires, especially after new constitutions were passed. The states were also required to ratify the
Fourteenth Amendment to the United States Constitution The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and ...
. President
Andrew Johnson Andrew Johnson (December 29, 1808July 31, 1875) was the 17th president of the United States, serving from 1865 to 1869. He assumed the presidency as he was vice president at the time of the assassination of Abraham Lincoln. Johnson was a Dem ...
's vetoes of these measures were overridden by Congress. General
George Meade George Gordon Meade (December 31, 1815 – November 6, 1872) was a United States Army officer and civil engineer best known for decisively defeating Confederate States Army, Confederate Full General (CSA), General Robert E. Lee at the Battle ...
(of the
Third Military District The Third Military District of the U.S. Army was one of five temporary administrative units of the U.S. War Department that existed in the American South. The district was stipulated by the Reconstruction Acts during the Reconstruction period follo ...
) appointed Brig. General
Thomas H. Ruger Thomas Howard Ruger (April 2, 1833 – June 3, 1907) was an American soldier and lawyer who served as a Union general in the American Civil War. After the war, he was a superintendent of the United States Military Academy at West Point, New ...
to replace
Governor of Georgia The governor of Georgia is the head of government of Georgia and the commander-in-chief of the state's military forces. The governor also has a duty to enforce state laws, the power to either veto or approve bills passed by the Georgia Legisl ...
Charles J. Jenkins Charles Jones Jenkins (January 6, 1805June 14, 1883) was an American politician from Georgia. A Democrat, Jenkins served as Attorney General of Georgia from 1831–1834. He then went on to serve as Governor of Georgia from December 14, 1865 to ...
, who had been elected as the only candidate in 1865 to succeed
James Johnson James Johnson may refer to: Artists, actors, authors, and musicians *James Austin Johnson (born 1989), American comedian & actor, ''Saturday Night Live'' cast member *James B. Johnson (born 1944), author of science nonfiction novels *James P. John ...
, who had been appointed by President Andrew Johnson. After ''
Ex parte McCardle ''Ex parte McCardle'', 74 U.S. (7 Wall.) 506 (1869), is a United States Supreme Court decision that examines the extent of the jurisdiction of the Supreme Court to review decisions of lower courts under federal statutory law. Case history During ...
'' (1869) came before the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
, Congress feared that the Court might strike the Reconstruction Acts down as unconstitutional. To prevent this, Congress repealed the
Habeas Corpus Act 1867 The Habeas Corpus Act of 1867 (sess. ii, chap. 28, ) is an act of Congress that significantly expanded the jurisdiction of federal courts to issue writs of habeas corpus. Passed February 5, 1867, the Act amended the Judiciary Act of 1789 to grant ...
, eliminating the Supreme Court's jurisdiction over the case.


See also

*
Reconstruction Amendments The , or the , are the Thirteenth, Fourteenth, and Fifteenth amendments to the United States Constitution, adopted between 1865 and 1870. The amendments were a part of the implementation of the Reconstruction of the American South which occ ...
*
First Military District The First Military District of the U.S. Army was one of five temporary administrative units of the U.S. War Department that existed in the American South. The district was stipulated by the Reconstruction Acts during the Reconstruction period f ...
(
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
) *
Second Military District The Second Military District of the U.S. Army was one of five temporary administrative units of the U.S. War Department that existed in the American South. The district was stipulated by the Reconstruction Acts during the Reconstruction period foll ...
(
North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
,
South Carolina )''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...
) *
Third Military District The Third Military District of the U.S. Army was one of five temporary administrative units of the U.S. War Department that existed in the American South. The district was stipulated by the Reconstruction Acts during the Reconstruction period follo ...
(
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
,
Alabama (We dare defend our rights) , anthem = "Alabama (state song), Alabama" , image_map = Alabama in United States.svg , seat = Montgomery, Alabama, Montgomery , LargestCity = Huntsville, Alabama, Huntsville , LargestCounty = Baldwin County, Al ...
and
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
) *
Fourth Military District The Fourth Military District of the U.S. Army was one of five temporary administrative units of the U.S. War Department that existed in the American South. The district was stipulated by the Reconstruction Acts during the Reconstruction period fo ...
(
Arkansas Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the Osage ...
and
Mississippi Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...
) *
Fifth Military District The Fifth Military District of the U.S. Army was one of five temporary administrative units of the U.S. War Department that existed in the American South from 1867 to 1870. The district was stipulated by the Reconstruction Acts during the Reconst ...
(
Texas Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
and
Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
)


References


Further reading

* Kevin J. Coleman (2015)
''The Voting Rights Act of 1965: Background and Overview''
(PDF). This
Congressional Research Service The Congressional Research Service (CRS) is a public policy research institute of the United States Congress. Operating within the Library of Congress, it works primarily and directly for members of Congress and their committees and staff on a c ...
document describes at its pages 4–5 the four Reconstruction Acts passed in 1867 and 1868 in the context of the United States reconstruction after the end of the Civil as envisioned by the United States Congress
Archived
from the original on June 22, 2021.


External links

{{Authority control 39th United States Congress 40th United States Congress 1867 in American law 1867 in American politics 1868 in American law 1868 in American politics Andrew Johnson administration controversies Political repression in the United States Reconstruction Era legislation United States constitutional law United States federal legislation