Lincoln’s Plan For Reconstruction

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On the legal or prosecuting front the effect of the pardon policy was explained in an instruction from the office of the attorney general of the United States to district attorneys throughout the country. It was made known that the “President’s pardon of a person guilty of ... rebellion . . . [would] relieve that person for the penalties” of that crime. District attorneys were therefore directed to discontinue proceedings in United States courts whenever the accused should take the oath and comply with the stated conditions.

Such a statement would make it appear that the transition from a kind of rebellious guilt to complete relief from penalty was easy, automatic, and practically instantaneous, but it soon became evident that the matter was not so simple as that. Lincoln found that he had to make a distinction in applying his offer of pardon in return for the oath. What about Confederate soldiers held by Union authorities as prisoners of war? On this point the President issued a letter clarifying the proclamation, declaring that his pardon did not apply to men in custody or on parole as prisoners of war. It did apply, he explained, to persons yet at large (i. e., free from arrest) who would come forward and take the oath. It was also explained that those excluded from the general amnesty could apply to the President for clemency and their cases would have due consideration.

What it amounted to was that Lincoln himself was generous in the application of his pardon both to soldiers and civilians, and the same was true of the attorney general’s office; but army officers were not prepared, in return for the oath, to deliver prisoners nor give up penalties for offences of various sorts, such as violation of rules of war. No one statement applies. Some enemies held as prisoners, on establishing loyalty, were discharged from custody by the President on assurance of good faith by three congressmen. This showed, as in many cases, that Lincoln’s general rules were subject to individual exceptions.

III With a scorn of fine-spun theories and an urgent wish to get ahead with the job of reconstruction, the President proceeded, so far as possible, to make restoration a reality wherever, and as soon as, any reasonable opportunity offered in the seceded South.

In Lincoln’s plan of reconstruction the effort in Louisiana was of vital importance. From the time that New Orleans fell to Union arms on May 1, 1862, the President saw, in terms of Federal occupation, an early opportunity to make reconstruction a wartime reality. Let Louisiana be restored, he thought, let this be done in a reasonable manner with Washington approval, let it be seen that the plan would work, and other states would follow. To go into all the details of the Louisiana story, treating its complications month by month, would be a tedious process. It will be convenient to reduce this elaborate Louisiana story to four successive phases:

First Phase in Louisiana: Military Rule Under Butler and Shepley . The first phase was that of army rule under General B. F. Butler. Immediate adjustments were of course necessary from the moment when New Orleans, largest city of the South, together with a large portion of Louisiana, came under the Union flag. Governmental officials in the occupied region, including merely local functionaries in city or parish, were now under Federal authority—not in terms of any deliberation as to procedure by Congress or the Executive, but simply by the fortunes of war. Where men in local office stood ready to co-operate with the occupying power, they had a good chance of being retained; if un-cooperative, they were dismissed. For a time the mayor and council of New Orleans were continued in office subject to General Butler’s authority with some relaxation of military pressure, but this situation did not last long. Within a month the mayor was deposed and imprisoned, and George F. Shepley, acting closely with Butler, took over mayoral functions. Then in June, 1862, Shepley became military governor of Louisiana; soon afterward he had the rank of brigadier general.

This was military occupation, and of course it was intended only as a temporary condition. It amounted to martial law which has been defined as the will of the military commander; this meant that the sometimes eccentric will of General Butler was paramount. If nothing offered in the form of a re-established and recognized state government, the abnormal and temporary regime would continue.

It thus came about that Federal rule in Louisiana, the first step toward what Lincoln regarded as restoration of loyalty and normal conditions, got off to a bad start. The name of “Beast Butler” became a hated byword in the South, with far-reaching complications in Federal-Confederate relations; it came as a considerable relief when President Lincoln removed him from his Louisiana command on December 16, 1862. His successor, as commander of the military forces stationed in Louisiana and Texas, was Major General Nathaniel P. Banks, with Shepley retaining his position as “military governor of Louisiana.”

Under Butler little or nothing had been done toward wartime governmental reconstruction in the state, but this problem, dear to Lincoln’s heart, was tackled under the President’s urging during the Banks-Shepley regime.