The Wade-Davis Bill

Wade-Davis Bill (1864)

A Bill to guarantee to certain States whose Governments have been usurped or overthrown a Republican Form of Government.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the states declared in rebellion against the United States, the President shall, by and with the advice and con- sent of the Senate, appoint for each a provisional governor, whose pay and emoluments shall not exceed that of a brigadier-general of volunteers, who shall be charged with the civil administration of such state until a state government therein shall be recognized as hereinafter provided.

SEC. 2. And be it further enacted, That so soon as the military resistance to the United States shall have been suppressed in any such state, and the people thereof shall have sufficiently returned to their obedience to the constitution and the laws of the United States, the provisional governor shall direct the marshal of the United States, as speedily as may be, to name a sufficient number of deputies, and to enroll all white male citizens of the United States, resident in the state in their respective counties, and to request each one to take the oath to support the constitution of the United States, and in his enrolment to designate those who take and those who refuse to take that oath, which rolls shall be forthwith returned to the provisional governor; and if the persons taking that oath shall amount to a majority of the persons enrolled in the state, he shall, by proclamation, invite the loyal people of the state to elect delegates to a convention charged to declare the will of the people of the state relative to the reestablish- ment of a state government subject to, and in conformity with, the constitution of the United States.

SEC. 3. And be it further enacted, That the convention shall consist of as many members as both houses of the last constitutional state legislature, apportioned by the provisional governor among the counties, parishes, or districts of the state, in proportion to the white population, returned as electors, by the marshal, in compliance with the provisions of this act. The provisional governor shall, by proclamation, declare the number of delegates to be elected by each county, parish, or election district; name a day of election not less than thirty days thereafter; designate the places of voting in each county, parish, or district, conforming as nearly as may be convenient to the places used in the state elec- tions next preceding the rebellion; appoint one or more commissioners to hold the election at each place of voting, and provide an adequate force to keep the peace during the election.

SEC.4. And be it further enacted, That the delegates shall be elected by the loyal white male citizens of the United States of the age of twenty-one years, and resident at the time in the county, parish, or district in which they shall offer to vote, and enrolled as aforesaid, or absent in the military service of the United States, and who shall take and subscribe the oath of allegiance to the United States in the form contained in the act of congress of July two, eighteen hundred and sixty-two; and all such citizens of the United States who are in the military service of the United States shall vote at the head-quarters of their respective commands, under such regulations as may be prescribed by the pro-visional governor for the taking and return of their votes; but no person who has held or exercised any office, civil or military, state or confederate, under the rebel usurpation, or who has voluntarily borne arms against the United States, shall vote, or be eligible to be elected as delegate, at such election.

SEC.5. And be it further enacted, That the said commissioners, or either of them, shall hold the election in conformity with this act, and, so far as may be consistent therewith, shall proceed in the manner used in the state prior to the rebellion. The oath of allegiance shall be taken and subscribed on thc poll-book by every voter in the form above prescribed, but every person known by or proved to, the commissioners to have held or exercised any office, civil or military, state or confederate, under the rebel usurpation, or to have voluntarily borne arms against the United States, shall be excluded, though he offer to take the oath ; and in case any person who shall have borne arms against the United States shall offer to vote he shall be deemed to have borne arms voluntarily unless he shall prove the contrary by the testimony of a qualified voter. The poll-book, showing the name and oath of each voter, shall be returned to the provisional governor by the commissioners of election or the one acting, and the provisional governor shall canvass such returns, and declare the person having the highest number of votes elected.

SEC. 6. And be it further enacted, That the provisional governor shall, by proclamation, convene the delegates elected as aforesaid, at the capital of the state, on a day not more than three months after the election, giving at least thirty days’ notice of such day. In case the said capital shall in his judgment be unfit, he shall in his proclamation appoint another place. He shall preside over the deliberations of the convention, and administer to each delegate, before taking his seat in the convention, the oath of allegiance to the United States in the form above prescribed.

SEC. 7. And be it further enacted, That the convention shall declare, on behalf of the people of the state, their submission to the constitution and laws of the United States, and shall adopt the following provisions, hereby prescribed by the United States in the execution of the constitutional duty to guarantee a republican form of government to every state, and incorporate them in the con- stitution of the state, that is to say:

First. No person who has held or exercised any office, civil or military, except offices merely ministerial, and military offices below the grade of colonel, state or confederate, under the usurping power, shall vote for or be a member of the legislature, or governor.
Second. Involuntary servitude is forever prohibited, and the freedom of all persons is guaranteed in said state.
Third. No debt, state or confederate, created by or under the sanction of the usurping power, shall be recognized or paid by the state.

SEC. 8. And be it further enacted, That when the convention shall have adopted those provisions, it shaII proceed to re-establish a republican form of government, and ordain a constitution containing those provisions, which, when adopted the convention shall by ordinance provide for submitting to the people of the state, entitled to vote under this law, at an election to be held in the manner prescribed by the act for the election of delegates; but at a time and place named by the convention, at which election the said electors, and none others, shall vote directly for or against such constitution and form of state government, and the returns of said election shall be made to the provisional gov- ernor, who shall canvass the same in the presence of the electors, and if a major- ity of the votes cast shall be for the constitution and form of government, he shall certify the same, with a copy thereof, to the President of the United .States, who, after obtaining the assent of congress, shall, by proclamation, recognize the government so established, and none other, as the constitutional government of the state, and from the date of such recognition, and not before, Senators and Representatives, and electors for President and Vice President may be eleected in such state, according to the laws of the state and of the United States.

SEC. 9. And be it further enacted, That if the convention shall refuse to reestablish the state government on the conditions aforesaid, the provisional gov- ernor shall declare it dissolved; but it shall be the duty of the President, whenever he shall have reason to believe that a sufficient number of the people of the state entitled to vote under this act, in number not less than a majority of those enrolled, as aforesaid, are willing to reestablish a state government on the conditions aforesaid, to direct the provisional governor to order another election of delegates to a convention for the purpose and in the manner prescribed in this act, and to proceed in all respects as hereinbefore provided, either to dissolve the convention, or to certify the state government reestablished by it to the President.

SEC. 10. And be it further enacted, That, until the United States shall have recognized a republican form of state government, the provisional governor in each of said states shall see that this act, and the laws of the United States, and the laws of the state in force when the state government was overthrown by the rebellion, are faithfully executed within the state ; but no law or usage whereby any person was heretofore held in involuntary servitude shall be recognized or enforced by any court or officer in such state, and the laws for the trial and punishment of white persons shall extend to all persons, and jurors shall have the qualifications of voters under this law for delegates to the convention. The President shall appoint such officers provided for by the laws of the state when its government was overthrown as he may find necessary to the civil administration of the slate, all which officers shall be entitled to receive the fees and emoluments provided by the state laws for such officers.

SEC. 11. And be it further enacted, That until the recognition of a state government as aforesaid, the provisional governor shall, under such regulations as he may prescribe, cause to be assessed, levied, and collected, for the year eighteen hundred and sixty-four, and every year thereafter, the taxes provided by the laws of such state to be levied during the fiscal year preceding the overthrow of the state government thereof, in the manner prescribed by the laws of the state, as nearly as may be ; and the officers appointed, as aforesaid, are vested with all powers of levying and collecting such taxes, by distress or sale, as were vested in any officers or tribunal of the state government aforesaid for those purposes. The proceeds of such taxes shall be accounted for to the provisional governor, and be by him applied to the expenses of the administration of the laws in such state, subject to the direction of the President, and the surplus shall be deposited in the treasury of the United States to the credit of such state, to be paid to the state upon an appropriation therefor, to be made when a republican form of government shall be recognized therein by the United States.

SEC. 12. And be it further enacted, that all persons held to involuntary servitude or labor in the states aforesaid are hereby emancipated and discharged therefrom, and they and their posterity shall be forever free. And if any such persons or their posterity shall be restrained of liberty, under pretence of any claim to such service or labor, the courts of the United States shall, on habeas corpus, discharge them.

SEC. 13. And be it further enacted, That if any person declared free by this act, or any law of the United States, or any proclamation of the President, be restrained of liberty, with intent to be held in or reduced to involuntary servi- tude or labor, the person convicted before a court of competent jurisdiction of such act shall be punished by fine of not less than fifteen hundred dollars, and be imprisoned not less than five nor more than twenty years.

SEC. 14. And be it further enacted, That every person who shall hereafter hold or exercise any office, civil or military, except offices merely ministerial, and military offices below the grade of colonel, in the rebel service, state or con- federate, is hereby declared not to be a citizen of the United States.

Links for further information:
The 100 Greatest Documents that Shaped America

Lincoln on the Wade-Davis Bill

Here Lincoln explains his reasons for pocket-vetoing the Wade -Davis Bill, which would have made Reconstruction much harsher upon the South.

Proclamation on the Wade-Davis Bill
Abraham Lincoln, July 8, 1864

Whereas, at the late Session, Congress passed a Bill, “To guarantee to certain States, whose governments have been usurped or overthrown, a republican form of Government.” a copy of which is hereunto annexed:

And whereas, the said Bill was presented to the President of the United States, for his approval, less than one hour before the sine die adjournment of said Session, and was not signed by him:

And whereas, the said Bill contains, among other things, a plan for restoring the States in rebellion to their proper practical relation in the Union, which plan expresses the sense of Congress upon that subject, and which plan it is now thought fit to lay before the people for their consideration:

Now, therefore, I, Abraham Lincoln, President of the United States, do proclaim, declare, and make known, that, while I am, (as I was in December last, when by proclamation I propounded a plan for restoration) unprepared, by a formal approval of this Bill, to be inflexibly committed to any single plan of restoration; and, while I am also unprepared to declare, that the free-state constitutions and governments, already adopted and installed in Arkansas and Louisiana, shall be set aside and held for nought, thereby repelling and discouraging the loyal citizens who have set up the same, as to further effort; or to declare a constitutional competency in Congress to abolish slavery in States, but am at the same time sincerely hoping and expecting that a constitutional amendment, abolishing slavery throughout the nation, may be adopted, nevertheless, I am fully satisfied with the system for restoration contained in the Bill, as one very proper plan for the loyal people of any State choosing to adopt it; and that I am, and at all times shall be, prepared to give the Executive aid and assistance to any such people, so soon as the military resistance to the United States shall have been suppressed in any such State, and the people thereof shall have sufficiently returned to their obedience to the Constitution and the laws of the United States,-in which cases, military Governors will be appointed, with directions to proceed according to the Bill.

Ain’t I a Woman?

There is no copy of this speech that exists, and many people claim it is not historically accurate, since it was written down later by those who had heard it. I still like it. Delivered in 1851 at a Women’s Convention in Akron, Ohio, it is a wonderful manifesto of the double burden African American women bore during the 19th century.

“Ain’t I a Woman?”
Sojourner Truth, May 28-29, 1851

“Well, children, where there is so much racket there must be something out of kilter. I think that ‘twixt the negroes of the South and the women of the North, all talking about rights, the white men will be in a fix pretty soon. But what’s all this here talking about?

That man over there says that women need to be helped into carriages and lifted over ditches, and to have the best place everywhere. Nobody ever helps me into carriages, or over mud-puddles, or gives me any best place! And ain’t I a woman? Look at me! Look at my arm! I could have ploughed and planted, and gathered into barns, and no man could head me! And ain’t I a woman? I could work as much and eat as much as a man- when I could get it- and bear the lash as well! And ain’t I a woman? I have borne thirteen children, and seen them most all sold off to slavery, and when I cried out with my mother’s grief, none but Jesus heard me! And ain’t I a woman?

Then they talk about this thing in the head; what’s this they call it? [Intellect, somebody whispers] That’s it, honey. What’s that got to do with women’s rights or negro’s rights? If my cup won’t hold but a pint, and yours holds a quart, wouldn’t you be mean not to let me have my little half measure-full?

Then that little man in black there, he says women can’t have as much rights as men, ’cause Christ wasn’t a woman! Where did your Christ come from? Where did your Christ come from? From God and a woman! Man had nothing to do with Him.

If the first woman God ever made was strong enough to turn the world upside down all alone, these women together ought to be able to turn it back, and get it right side up again! And now they is asking to do it, the men better let them.
Obliged to you for hearing me, and now old Sojourner ain’t got nothing more to say.”

Links for further information:
More background on the speech

Make sure you read the Gettysburg Address carefully

Just a hint…

“Like two ferrets crawled up on his face and died…”

Brigadier General Ambrose Burnside, loser at Fredericksburg.

See? They defy gravity.

Hood’s order against looting

General John B. Hood’s General Field Order No. 14
HDQRS. ARMY OF TENNESSEE,
In the Field, August 12, 1864

As you read, consider the following questions:
1. Why did this order have to be given? What is the significance?

I. The lawless seizure and destruction of private property by straggling soldiers in the rear and on the flanks of this army has become intolerable. It must come to an end. It is believed to be chargeable to worthless men, especially from mounted commands, who are odious alike to the citizen and the well-disposed soldier. Citizens and soldiers are, therefore, called upon to arrest and forward to the provost-marshal-general all persons guilty of wanton destruction or illegal seizure of property, that examples may be immediately made. The laws of war justify the execution of such offenders, and those laws shall govern.

II. Officers are held responsible that their men conduct themselves properly. In any cases where it is shown that an officer, high or low, has permitted or failed to take proper steps to prevent such depredations as those complained of herein, he shall be deprived of his commission.

III. Hereafter all cavalry horses must be branded. Division and brigade commanders will determine the manner so as to best designate the commands to which they belong. No purchase or exchange of horses will be permitted except by authority of the company and regimental commanders. In each case of such purchase or exchange the soldier must receive a written statement of the transaction. Any soldier otherwise introducing a horse into any command will be immediately arrested. General, field, and company officers are expected, and, are earnestly requested, to give this matter their attention. Officers failing must be arrested. In procuring forage, the least possible damage must be done the farmer. Too much attention cannot be given this. At best, he is compelled to suffer.

IV. Citizens are warned not to purchase from or exchange horses with soldiers, except when the authority for the transaction is previously had from the company and regimental commanders. Otherwise they may lose their property and will fail to receive the support of the military authorities.

By command of General Hood:

A.P. Mason,
Major and Assistant Adjutant-General.

Reminders

Read the primary source documents (below) for chapter 22 (Emancipation Proclamation, Anti-Treason Law, and Anaconda Plan) and do the questions by Tuesday, Nov. 21!

Terms check chapter 22, Monday, November 20!

Outline Notes Chapter 22 due Tuesday, Nov 21!

Test Chapters 20-22 on Monday, Nov 27!

6th hour is as cute as a bug’s ear!

7th hour is as tough as all get out!

1st hour is comatose and needs to wake up!

Chapter 21 Outline for notes

Now that you have done them yourself, here is how I laid out the outline for Chapter 21:

Chapter 21 Outline for notes

I. Comparison of military strengths and weaknesses of the Union and the Confederacy
—-A. Military leadership
—-B. Supplies
—-C. Population
—-D. Presdent Lincoln vs. President Davis

II. Economics
—-A. Northern manufacturing
—-B. King Cotton
—-C. Income tax and tariffs
—-D. National Banking System
—-E. Confederate bonds and inflation

III. Diplomacy and foreign relations
—-A. Ft. Sumter
—-B. Keeping the Border States in the Union
——–1. How does this influence the stated war aims?
—-C. Influence of the British
——–1. Trent Affair
——–2. Alabama
——–3. Laird rams
——–4. Dominion of Canada
—-D. The French

IV. Civil Liberties
—-A. Conscription
——–1. $300 men
—-B. Habeas Corpus
——–1. in Maryland
——–2. in Missouri
—-C. Blockade
—-D. EXTRA CREDIT: Ex parte Merryman ,Ex parte Milligan and Vallandingham affair

TABASCO assignment due November 15/16

Do a TABASCO over Lincoln’s First Inaugural. Bring the completed analysis with you to the next class. You can find the Tabasco worksheet under “Study Skills.”

Chapter 21 Outline notes- owning the process

After having read Chapter 21 tonight, please compse 3-5 broad questions which summarize all the material presented in chapter 21, just as I usually do when giving you your outlines.

Bring these with you in written form to class tomorrow so that we can make sure you understand the main ideas of the chapter and complete your notes correctly

Remember there is a term check over Ch 21 tomorrow as well.