The Supreme Court from 20012009. Frank is the author, coauthor or editor of several books, including judging lincoln, lincoln as hero, and most recently the lincoln assassination riddle, which was published in 2016. The most important of his publications is the one he coauthored with harold and me, which was published in 2006. His awards include the Abraham Lincoln associations lincoln the lawyer award and the aura of lincoln, the highest honor bestowed by the state of illinois. Frank also married well. [ laughter ] we are reminded, we are reminded that great men usually have extraordinary women at their sides who are doing their own thing. I and frank certainly is in that category. He will address the topic reconstruction after lincoln. [ applause ] thank you very much, edna, and youre absolutely right. I married a great lady. Believe be weve been married 50 years. [ applause ] and how anyone could put up with me for 50 years is deserving of great awards. [ laughter ] this paper could also be called reconstruction, what went wrong. This is not a happy paper, and youre going to have to stay with me because of the pan rora of people, white and black, legalities, the cal any of our government, the lack of support for many americans, north and south. Winning the, on the battlefield may be relatively easy, compared to winning the peace afterward. Abraham lincoln was a political genius in keeping together conservatives, moderates and radicals during the american civil war, especially after he found generals who could win battles. But things change. And the longer thime passes the more likely it is that president s lose their influence. Most president s find that the window for opportunity is limited to the first 100 days phenomenon or the first 1,000 days. Assassinations cut short plans and people tire of a policy that does not end quickly. Lincoln understood how to win a major civil war as a political revolution, but imemploymenting his new birth of freedom as a gigantic peacetime project involving a social revolution was difficult. If a bullet had not killed him, even his expectations might have been diminished in achieving rekux. He had expected the civil war to be short. But, as others tried to implement reconstruction, they soon realized it would end up a very longterm project. This presentation focuses primarily on Andrew Johnsons approach to reconstruction, which was nearly opposite to what lincoln had envisioned and wanted. And ulysses s. Grants approach, which was more like lincolns approach and produced some shortterm, positive results, but the nations focus changed during his second term. Johnson barely survived impeachment, while grants policy was ended in the bar gain of 1877, a national copout. In personality, and outlook, president Andrew Johnson was illsuited for the responsibility he now shouldered following lincolns assassination. A lonely, stubborn man, he was intolerant of criticism and unable to compromise. He lacked lincolns political skills and keen sense of northern public opinion. Though johnson had supported emancipation during the war, he held deeply racist views. A selfproclaimed spokesman for poor white farmers of the south, he condemned the old planter air stock crassy but believed africanamericans had no role to play in reconstruction. Thus, he provided enlightened leadership. Johnson in may, 1865 outlined his plan for reuniting the nation. He issued a series of proclamations and more amnesties than any president in American History. But rather than mag nam muss acts, he offered a pardon to all southern whites, except confederate leaders and wealthy planters, and most of these subsequently received individual pardons who took an oath of ally jans. He also ordered state conventions elected by whites alone. Apart from the requirement that they abolish slavery, repudiate secession and abrogate the confederate debt, the new governme governments were granted a free hand in managing their own affairs. Previously, johnson had spoken of severely punish being traitors, and most white southerners believed that his proposals were surprisingly lenient. Radical republicans criticized johnsons plan of reconstruction for ignoring the rights of the former slaves. But at the outset, most northerners believed the policy deserved a chance to succeed. The conduct of the new southern governments under johnsons program, however, turned most of the republican north against the president. Johnson assumed that when elections were held for governors, legislators and congress men, yoe men would replace those who had led the south to secession. Republicans and black leaders like Frederick Douglass were further outraged by reports of violence directed against former slaves and northern visitors in the south. But what aroused the most opposition were laws passed by the new southern governments. The black codes, which granted free People Limited rights, such as the right to own property and bring suit in court, but africanamericans could not testify against whites, nor could they serve on juries or in state militias, nor could they vote. The blacks were required to sign yearly contracts and made the unemployed subject to being hired out to white landowners. Some states limited occupations open to blacks and prevented them from acquiring land. The black codes, wrote one republican, were attempts to restore all of slavery but in na name. After congress reassembled in 1865, johnson announced reconstruction was over. This led moderates to join radicals like thaddeus stevens. Then they established a joint committee to investigate the progress of reconstruction. Remember, the president had said it was over. No more. Early in 1866, lyman trumpable reestablished the freedmans bureau. The second, the civil rights bill was described by one congressman as within one of th important bills presented to the house for its action. The bill left the new southern governments in place but required them to accord blacks the same civil rights as whites. It made no mention of the right to vote. Passed passed by overwhelming majorities, the civil rights bill made the first attempt to define the essence of freedom and the rights of american citizenship. In empowering the federal government to guarantee the principle of equality before the law, regardless of race against violations by the states, it embodied a profound change in federal state relations. To the surprise of congress, johnson vetoed both bills. Johnson offered no possibility of compromising with congress. He insisted, instead that his own Reconstruction Program be left unchanged. The vetoes made a complete breach inevitable. In 1866, the civil rights bill became the first major law in American History passed over a president ial veto. I might want to add parent threatically that this Civil Rights Act of 1866 is still relevant today and still used by the department of justice to enforce Civil Liberties, for all people. In june, Congress Approved the 14th amendment, which broadened the federal governments power to protect the rights of all americans. It forebade states from abridging the privileges and immunities of american citizens or depriving any citizen of the equal protection of the laws. In a compromise, it did not give blacks the right to vote but threatened to reduce the souths representation in congress if black men were tipped continuee denied the ballot. It prevented many confederates from Holding State and National Office and empowered congress to take further steps to enforce the amendments provisions. The most important since the adoption of the bill of rights, the 14th amendment established equality before the law as a fundamental rights of american citizens. It shifted the balance of power within the nation by make being the federal government, not the states, the ultimate protector of citizens rights. A sharp departure from prewar sentiments. In authorizing future congresses to define the meaning of equal rights, it made equality before the law a dynamic, elastic principle. The 14th amendment and the congressional policy of guaranteeing the civil rights for blacks became the central issues of the Political Campaign of 1866. Congress now demanded that in order that they regain seats in the house and senate, the Southern States ratify the amendment. Johnson denounced the proposal and embarked on a speaking tour of the north, the swing around the circle, as it was called. Denouncing his critics, the president made wild accusations that the radicals were plotting to assassinate him. His behavior further undermined public support for his policies, just as his drunken behavior had done at his inauguration as Vice President. In the northern Congressional Elections that fall, republicans won a sweeping victory. Nonetheless, egged on by johnson, every Southern State but tennessee refused to ratify the 14th amendment, the intransense of johnson and the bulk of the white south further pushed moderate republicans to the radicals. In march 1867, over johnsons veto, congress adopted the reconstruction act, which divided the south into five military districts. Temporarily barred many confederates from voting or Holding Office and called for creation of new governments in the south with black men given the right to vote. Only after the new governments ratified the 14th paymenamendme could the Southern States be readmitted to the union. Thus began the period of congressional or radical reconstruction, which lasted until the fall of the last southern republican government in 1877. It was the nations first real experiment in interracial democracy. In order to shield his policy against president ial interference, congress in march 1867, adopted the tenure of office act, barring the president from removing certain officeholders, including cabinet members, without the consent of the senate. In february, 1868, johnson removed secretary of war, edwin m. Stanton, an ally of the radicals. The house of representatives responded by approving articles of impeachment against the president. To me, one of Abraham Lincolns worse decisions was to allow the removal of Hannibal Hamlin of Vice President ial candidate in 1864. Virtually all republicans, by this point, considered johnson a failure as president. And an obstacle to a lasting renstruction. But some moderates disliked the prospect of elevating to the presiden presiden presidency benjamin wade, a radical, who would succeed johnson if johnson were in fact impeached. Wade, in some ways, was a mirror image of johnson in terms of personality. The final tally to convict johnson was one vote short of the twothirds necessary to remove him from office. Seven republicans had joined the democrats in voting to acquit the president. Johnsons acquittal weakened the radicals position and made the nomination of ulysses s. Grant as the partys president ial candidate inevitable. Appomattox shown here, ensured grants victory as president and would allow grant to really be considered a hero of the government even eclipsing lincoln, until after grants death. The nations greatest war hero initially had supported johnsons policies. Grant came to side with congress, but radicals worried that he lacked strong ideological convictions. His democratic opponent, horatio seymour, was the colorless, former new york governor. Reconstruction was the central issue of the 1868 campaign. The campaign was bitter. Republicans identified their opponents with secession and treason, a tactic known as waving the bloody shirt. Democrats appealed openly to racism, charging that reconstruction would lead to interracial marriage and black supremacy throughout the nation. Grant won the election, although, by a margin many republicans found uncomfortably close. He received overwhelming support from black voters in the south, but seymour may well have carry add majority of the nations white vote. Nonetheless, the result was a vindication of a republican Reconstruction Program that inspired congress to adopt the eras third amendment to the constitution. In february, 1869, Congress Approved the 15th amendment, prohibit being the federal and state governments from depriving any citizen of the right to vote because of race. Bitterly opposed by the democratic party, it became part of the constitution in 1870. As late as 186le 8, even after congress had enfranchised black men in the south. On eight Northern State also allowed black men to vote. In march, the American Antislavery Society disbanded, its work they thought, now complete. Reconstruction policy was now essentially complete. Hen henceforth, the focus of reconstruction remained in the south. The act of 1867 which brought black sufficient rrage to the s brought political organization. Determined to exercise their new rights as citizens, thousands joined the union league, closely linked to the republican party. And the vast majority of africanamericans registered to vote. In 1870, all the former Confederate States met the conditions of congress and had been readmitted to the union and nearly all were under the control of the republican party. The new constitutions drafted in 1868 and 1869 by the first public bodies in American History with substantial black representation of about 1,000 delegates throughout the south over one quarter were black. They made the structure of southern government more democratic, modernized the tax system and guaranteed the civil and Political Rights of black citizens. A few states initially had barred former confederates from voting, fwbut this policy was quickly abandoned. Although democrats charged that negro rule had come to the south, nowhere did blacks control the workings of state government, and nowhere did they hold office in numbers equal to their proportion of the total population, which ranged from about 60 in South Carolina to around 33 in arkansas, north carolina, tennessee and texas. None, nonetheless, the fact that well over 1500 africanamericans occupied positions of political power in the rekruconstructed sh marked a stunning change in government. The new Southern Republican Party also brought to power whites who had enjoyed little authority before the civil war. Given the fact that many of the reconstruction governors and legislators lacked governmental experience, their record is still remarkable. The new government established the souths first statesupported Public School systems. As well as numerous hospitals and asylums for orphans and the insane. Their institutions were open to blacks and whites, although generally, they were segregated. Only in new orleans were Public Schools integrated during reconstruction. And only in South Carolina did the State University admit black students. Elsewhere, separate colleges were established for blacks. By the 1870s in a region whose prewar leaders had made it illegal for blacks to learn and read and had done little to promote the education among poorer whites, over half the children were attending Public Schools. In assuming public responsibility for education, reconstruction governments followed a path blazed by the north. Their efforts to guarantee africanamericans equal treatment and transportation and places of public accommodation, however, launched these governments into an unknown area in american law. Racial segregation or the complete exclusion of blacks from public and private facilities was widespread throughout the country. Black demands for the outlawing of such discrimination produced deep divisions in the republican party. But, in the deep south, where blacks made up the vast majority of the republican voting population, laws were enacted making it illegal for railroads, hotels and other institutions to discriminate on the basis of race. Enforcement of these laws varied considerably. But reconstruction established for the first time at the state level a standard of equal citizenship and recognition of blacks right to public services. Republican governments also took steps to assist the poor of both races, and to promote the souths economic recovery. The black codes were repealed. The property of Small Farmers protected against being seized for debt. And the tax system revised to shift the burden from propertyless blacks who had paid a disproportionate share during president ial reconstruction to planters and other landowners. The former slaves, however, were disappointed that little was done to assist them in acquiring land. Only South Carolina took effective action, establishing a commission to purchase land for resale on longterm credit, to poor families. Rather than land distribution, the reconstruction governments penned their hopes for southern Economic Growth and opportunity for africanamericans on a program of Regional Economic development. Railroad construction was at center piece. The key, they believed, to linking the south with northern markets and transforming the region into a society of booming factories, bustling towns and diversified agriculture. The program had mixed results. A few states, georgia, alabama, arkansas and texas, witnessed significant new Railroad Construction between 1868 and 1872, but Economic Development in general remained weak, with abundant opportunities existing in the west, few Northern Investors ventured to the reconstruction south. Thus, to their supporters, the governments of radical reconstruction presented a complex pat tern of achievement and disappointment. It failed to materialize. And most africanamericans remained locked in poverty. On the other hand, biracial, democratic government, a thing unknown in American History for the first time functioned effectively in many parts of the south. Public facilities were rebuilt and expanded, School Systems established. And legal codes purged of racism. The conservative oligarchy that had dominated southern government from colonial times to 1867 found itself largely excluded from political power while those who had previously been outsiders poorer white southerners, men from the north and especially southern slaves, cast ballots, sat on juries and enacted and administered laws. The effect upon africanamericans was strikingly visible. The southerns traditional leaders, planters, merchants and democratic politicians bitterly opposed the new southern governments, denouncing them as corrupt, inefficient and embodiments of wartime defeat and black supremacy. There was corruption during reconstruction, but it was confined to no race, region or party. The most basic reasons for opposition to reconstruction, however, was that most white southerners could not accept the idea of former slaves voting, Holding Office and enjoying equality before the law. They had always regarded blacks as an inferior race whose proper place was as dependent laborers. Reconstruction, they believed, had to be overthrown in order to restore White Supremacy in southern government and to ensure planters a disciplined, reliable, labor force. The violence that greeted the advent of republican governments after 1867 was pervasive, organized and specifically motivated by politics. In wide areas of the south, reconstructions opponents resorted to terror to secure their achl restoring democratic rule, capital d. Societi societies sprang up whose purpose was to prevent blacks from voting. The most notorious such organization was the ku klux klan, which, in effect, served as a military arm of the democratic party. Founded in 1866 as a tennessee social club, the klan was soon transformed into an organization of terrorist criminals, which spread into every nearly, into nearly every Southern State. Led by planters, merchants and democratic politicians, men who liked to style themselves the souths respectable citizens and natural rulers, the klan committed some of the most brutal acts of violence in American History. Grants election did not end the klans activities. Indeed, in some arparts of the sout south, klan violence accelerated in 1869, 1870. White republicans, local officeholders, teachers and Party Organizers were often victimized. In 1870, william luke, an irishborn teacher was lynched along with 2004 black men. Female teachers were beaten along with male. Although some northern republicans opposed further intervention in the south, most agreed with senator john sherman of ohio, who affirmed that the power of the nation must crush, as we once before have done, this organized civil war. In 1870 and 1871, three acts outlawing terrorist societies and allowing the president to use the army against them. These laws continued the expansion of National Authority during reconstruction by defining certain crimes, those aimed at depriving citizens of their civil and Political Rights as federal offenses rather than merely violations of state law. Federal grant authorized federal marshals backed up by troops to arrest hundreds of accused klans men after wellpublicized trials in which many were jailed. Peace reigned in the former confederacy, at least for a while. Despite the Grant Administrations Effective Response to klan terrorism, the norths commitment to reconstruction waned during the 1870s. Many radical leaders, including thaddeus stevens, who had died in 1868, had passed from the scene. Within the republican party, their place was taken by politicians, less committed to the ideal of equal rights for blacks. Many northerners felt that the south should be able to solve its own problems without constant interference from washington. Theyd given them the right to vote and crushed the ku klux klan. Now blacks should rely on their own resources, not demand further assistance from the north. Other factors also weakened northern support for reconstruction. In 1873, the country plunged. Republicans were in no mood to divert further attention to the south. Congress did enact one final piece of civil rights legislation, the Civil Rights Act of 1875, which outlawed Racial Discrimination in places of public accommodation. This was a tribute to charles sumner, who had devoted his career to promoting the principle of quality before the law, but who died 1874. One of reason republicans adopted the Civil Rights Act was that democrats, for the First Time Since before the civil war, swept the elections of 1874 and would control the house of representatives beginning in december 1875. Meanwhile, the Supreme Court, to my own personal chagrin began whittling away at the guarantees of black rights that congress had adopted. Henceforth, southern republicans, white and black, could expect little further help from washington. Reconstruction was on the defensive. In those states where reconstruction survived, violence, again, reared its head, and this time the Grant Administration showed no desire to intervene. In contrast to the klans activities conducted at night by disguised men, the violence of 1875 and 1876 took place in broad daylight. As if to flaunt democrats conviction that they had nothing to fear from washington. As in the winter of 1860, 61, americans, again, 16 years later, faced a political and constitutional crisis as a result of the president ial election of 1876. In january 1877, unable to resolve the crisis on its own, congress appointed a 15member electoral commission, composed of senators, representatives and Supreme Court justices, republicans enjoyed an 87 majority on the commission, and to no ones surprise, the members decided that rutherford b. Hayes had carried the disputed Southern States and was elected. The bargain of 1877 recognized democratic control of the remaining Southern States and democrats would not block the certification of hayes election by congress. He became president , ended federal intervention in the south and ordered United States troops who had been guarding the state houses in South Carolina and louisiana to return to their barracks, not to leave the region entirely, as is widely believed, the redeemers, as the southern democrats who overturned republican rule called themselves, now ruled the entire south. Rye constructi reconstruction had come to an end. Perhaps Abraham Lincoln was naive about his hope to reconstruct the south. I had thought the civil war would be a short one. And after that, turned into a false hope. Most of his time was spent at how to win a long one. The transition from a slave to a free society would take and require a social revolution. The Johnson Administration seems to confirm the founders wisdom about character and the danger of demagogues. Ulysses s. Grants Administration Confirms lincolns remark that americans are the almost chosen people. Grant was running a race against time. Not only in regard to white southerners who had been displaced from power, but also the flash flood of his cronies whom he trusted. Yet, grant did yoeman service to lincolns dream in suggesting that justice in an open society would eventually become more likely in the long term. Thank you all very much. [ applause ] judge, thank you for that. Thank you. Question, do you know how active or passive, if any a role, rutherford about. B. Hayes took in that bargain. I dont think much. I think his political operatives really handled all of the machinations and shenanigans to get him the office. I think he had a deft hand, like lincolns own chicanery in politics, you would have third parties do your bidding, and i think that was the case here. The head of the History Department of youngstown state always made the statement that john wilks booth dlid lincoln favor by shooting him. As lovers of lincoln and respectful of his statesmanship, i have to think that lincoln had so much more political skill than his successor, that he would have done a lot better in ameal rating the conflict between the executive branch and the legislative branch. And while not a total success, because, remember, were talking about a social revolution here. Even if, had lincoln served his second term in full, i think we would still, in some form or another still be required to pass the civil rights legislation of the 1960s and also deal with our Supreme Court in a way that took, even though it might not have taken 100 years, but certainly a number of years long after lincolns life to get into the spirit of Civil Liberties and equality for all. Yes, judge . Chief, implicit in the tone of your remarks is that washington dropped the ball and that they should have been what else is new . [ laughter ] im sorry, im sorry for that sarcastic remark, but please. Washington d. C. And the northern leadership should have been ruthless in their pursuit of justice in the south. And girded themselves, if they had any vision for ten years of just recrimination and the gnashing of teeth. Am i reading that correctly . Because otherwise, we have what we had, which was 100 years of injustice and a country that never really healed for almost a century. Its an excellent question, and yes, i am disappointed in the, almost peaks and valleys of actions or inaction from washington, but i have to state this. The people who are in washington in both the executive and legislative branches are elected by the people. And its like the old pogo cartoon, remember . We have met the enemy . And they are us . And i have to think, now, as well as then, were the ones who must decide in the end what kind of leadership we want in washington. And also, the second point, which i tried to make here, is that people and this is normal. People tire. They tire of war. And i dont mean the war of combat, i mean the war against injustice. And we tend to put it aside in a form of survival. And ive always thought, since i was a young man, that we needed a part of us to be committed to the basic principles of the declaration of independence, which we all know was more revered by lincoln than the constitution. That all men are created equal. Yes. [ applause ] yes, as an attorney, i must address you as your honor. Chief will do. [ laughter ] ive not faced a Supreme Court justice. I really appreciated your positive remarks about how things might have been different had lincoln not been assassinated. But i heard a fairly responsible, i thought responsible story, and suggest that had lincoln not been assassinated, we would have no Lincoln Memorial. I would like your reflection. That was just from one well, what can i say . I mean, weve had memorials for other president s who have not achieved, i think, the greatness and the results that lincoln, i think, at some point, if he continued to be the statesman that he was during his first term that there would be a memorial, maybe not the Lincoln Memorial that we know today, which is so symbolic, i think, in part, because of his death. But i think, i think we would remember him with respect and fondness. Yes. I was wondering if you are familiar with a recent book published by michelle alexander, called the new jim crow . It is her contention in this book that we, in effect have jim crow still. Today. And she writes an eloquent, very sobering book that i highly recommend to look at the issues of the jim crow today. Well, i agree with you in many respects. Ive not read the book, but ive certainly heard about it, and i think the racism that confronted lincoln and the radical republicans and Andrew Johnson and during the both president ial and congressional reconstruction, if you want to call it that, is still with us today. And i think, i have to say this. As a mediator, we could not mediate the civil war, because when that first boat load of slaves went into jamestown harbor in virginia in 1619, i think it was, we were doomed. That was it. Once we created an enslaved culture, the only way we could get out of it is exactly what happened between 1861 and 1865 and what many great americans, men and women have tried to do to defray us, to get us away from this injustice of enslaving another people. Thank you all, youve been great. [ applause ]. In case you missed it, on cspan, cia director mike pompeo on National Security and wikileaks. Because while we do our best to quietly collect information on those who pose very real threats to our country, individuals such as Julian Assange and Edward Snowden seek to use that information for themselves. They care nothing about the damage they cause to National Security. Former pakistani president musharraf. Think must understand pakistans sacrifices. The role that weve played and the sacrifices weve given fighting terrorism, and we still have sacrifice fighting terrorism. Nato secretarygeneral jens stoltenberg. We have been dedicated to the task since we were founded in 1949. And ha we athat is an alliancew protect each other. Nobel laureate, malala yousafzai. 130 Million Girls are out of school today. They may not have the studies, and they may not know the statistics, but they understand that education is the only part to a brighter future. Secretary of state Rex Tillerson on u. S. russia relations. We currently assess the state of u. S. russia relations. I assess the view that the current state of u. S. russia relations is at a low point. There is a low level of trust between our two countries. The worlds two foremost Nuclear Powers cannot have this kind of relationship. Cspan programs are available at cspan. Org on our home page and by searching the video like library. The messages behind the Holocaust Museum and the National September 11th memorial and museum. That begins at 8 00 p. M. Here on cspan 3. Author and historian harold holzer. He describes president lincolns efforts to court the german american vote. This talk was part of the annual Lincoln Forum symposium. Its about an hour. Here at the Lincoln Forum, weve spent some time talking about immigration at our sessions this week. Its instructive that our student essay contest this year was about immigration, and lets face it. Its a fraught issue. Its a provocative issue, its an unresolved i