Monday, April 20, 2015

Sesquicentennial, Part XLVII: Epilogue, Part 2: Picking Up The Pieces...

--FIRST -PREV NEXT-

"Laws are to govern all alike -- those opposed as well as those who favor them." -- President Ulysses S. Grant, March 4, 1869

Reconstruction meant a lot of things.

Politically, it meant the re-integration of the Union. Physically, it literally meant the re-construction of cities, rail lines, and other infrastructure that had been blasted to rubble. It had many other meanings as well, so many that it's probably a hopeless task to cover it in one, two, or a hundred essays. The fact that it's still a matter of contention a century and a half later should tell you how complicated and convoluted a matter it is.

If it was a failure, it was also a limited success. I'd like to talk about the successes first.

The longest-lasting success was a fundamental alteration of the nature of the United States. Originally, the United States were envisioned as a compact amongst independent, sovereign States; banded together for the purpose of securing and protecting their independence first from Great Britain, and then from anyone else who might take an interest. And, by and large, this was how the United States of America thought of themselves, up until the 1860s.

That nation died in the conflagration that began at Fort Sumter and ended at Appomattox.

The United States that emerged from the Civil War thought of itself -- unquestioningly and unflinchingly -- as a single Union. One nation. Indivisible. You've probably said those three words fairly often, and may not have given much thought to what they meant. It's an expression of a new national identity, an identity Americans didn't actually have before. The Union veterans who returned home still felt an attachment to their home States, to be sure, but they'd stood shoulder-to-shoulder with their brothers-in-arms from other States, and had fought and bled for the same cause. The former Confederates who returned home could say the same. Like Shelby Foote once said, North and South alike, they no longer thought of the United States as an "are", they thought of it as an "is".

More to the point, though, the War established the supremacy of the Federal government over the States. It's pointless to elaborate. What was Appomattox, if not the ultimate expression of Federal supremacy? While you hear grumbling from time to time about States' Rights, and while we still have clear divisions of power amongst and between the various levels of government in this country, where the Federal tier asserts supremacy, they get it.

The next longest-lasting success were the three so-called Reconstruction Amendments to the United States Constitution.

Constitutional Amendments are important. The Constitution is the Law of the Land. What the Constitution permits is allowed everywhere, what it forbids is allowed nowhere. So when an Amendment adds a new thou shalt or thou shalt not, that's kind of a big deal. The Reconstruction Era added three new chapters to our fundamental law.

The Thirteenth Amendment was the only one President Lincoln lived to see. This was the amendment that banned slavery, everywhere in the United States and for all time. It was presented to the States for ratification on January 31, 1865. Lincoln didn't see it come into force, though; with its ratification by Georgia on December 8th, it was declared to have become law by Secretary of State William Seward on December 18th.

The Fourteenth Amendment proved to be far more important, though, and far more sweeping. The first section of the Fourteenth Amendment is probably the most-litigated section in the entire Constitution. Citizenship, due process, privileges and immunities, equal protection -- all of those come from the first section of the Fourteenth Amendment. It, along with the Fifteenth Amendment guaranteeing the right to vote regardless of "race, color, or previous condition of servitude," were bitterly contested by the South. But both Amendments entered force anyway: the Fourteenth in 1868 and the Fifteenth in 1870. Whether or not the spirit of the law has always been observed is open to question .. but the law, once on the books, could be litigated by people demanding equal protection under the law.

Another of the successes of Reconstruction is less obvious. It's an old story. Revolution is followed by counter-revolution, coup, junta, in an endless cycle of recrimination and revenge. This was largely avoided after the Civil War. The soldiers were simply sent home, with none of them being tried for treason. Well, poor old Henry Wirz was hanged for commanding the Andersonville prison camp, held to account for the hell-hole it became. But besides him, not a single Confederate officer danced his last jig at the end of a rope. Lincoln didn't want to exact revenge, he wanted reconciliation. That is why he instructed Grant to offer Lee the terms he did, and Sherman offered similar terms to Johnson. The defeated rebels were simply allowed to pick up the pieces, and get on with their lives. Now, don't get me wrong, there was plenty of rancor in the hearts of ex-Confederates ... but with time, and generations, it does tend to fade. There's still ribbing between Northerner and Southerner, but it's verbal and not physical. We've managed to avoid the endless cycle of revenge that has riven so many countries over the years.

Of course, that masks some spectacular instances of post-War violence. But that's for next time, when we talk about Reconstruction's failures.

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