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Реферат: The Impact the Civil War 1861-1865 on Economic, Politic and Industry Development in the USA
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NATIONAL PEDAGOGOC UNIVERSITY FOREIGN PHILOLOGY DEPARTMENT Tne Impact the Civil War 1861-1865 on Economic, Politic and Industry
Development in the USA Written by 53-th group student Tatiana Ryabchun Kyiv, 2000 Reconstruction (1865-77), in U.S. history, period during and after the American
Civil War in which attempts were made to solve the political, social, and
economic problems arising from the readmission to the Union of the 11
Confederate states that had seceded at or before the outbreak of war. As early as 1862, Pres. Abraham Lincoln had appointed provisional
military governors for Louisiana, Tennessee, and North Carolina. The
following year, initial steps were taken to reestablish governments in
newly occupied states in which at least 10 percent of the voting population
had taken the prescribed oath of allegiance. Aware that the presidential
plan omitted any provision for social or economic reconstruction, the
Radical Republicans in Congress resented such a lenient political
arrangement under solely executive jurisdiction. As a result, the stricter
Wade-Davis Bill was passed in 1864 but pocket vetoed by the President. After Lincoln's assassination (April 1865), Pres. Andrew Johnson
further alienated Congress by continuing Lincoln's moderate policies. The
Fourteenth Amendment, defining national citizenship so as to include
blacks, passed Congress in June 1866 and was ratified, despite rejection by
most Southern states (July 28, 1868). In response to Johnson's intemperate
outbursts against the opposition as well as to several reactionary
developments in the South (e.g., race riots and passage of the repugnant
black codes severely restricting rights of blacks), the North gave a
smashing victory to the Radical Republicans in the 1866 congressional
election. That victory launched the era of congressional Reconstruction (usually
called Radical Reconstruction), which lasted 10 years starting with the
Reconstruction Acts of 1867. Under that legislation, the 10 remaining
Southern states (Tennessee had been readmitted to the Union in 1866) were
divided into five military districts; and, under supervision of the U.S.
Army, all were readmitted between 1868 and 1870. Each state had to accept
the Fourteenth or, if readmitted after its passage, the Fifteenth
Constitutional Amendment, intended to ensure civil rights of the freedmen.
The newly created state governments were generally Republican in character
and were governed by political coalitions of blacks, carpetbaggers
(Northerners who had gone into the South), and scalawags (Southerners who
collaborated with the blacks and carpetbaggers). The Republican governments
of the former Confederate states were seen by most Southern whites as
artificial creations imposed from without, and the conservative element in
the region remained hostile to them. Southerners particularly resented the
activities of the Freedmen's Bureau, which Congress had established to
feed, protect, and help educate the newly emancipated blacks. This
resentment led to formation of secret terroristic organizations, such as
the Ku Klux Klan and the Knights of the White Camelia. The use of fraud,
violence, and intimidation helped Southern conservatives regain control of
their state governments, and, by the time the last Federal troops had been
withdrawn in 1877, the Democratic Party was back in power. About 1900, many U.S. historians espoused a theory of racial
inferiority of blacks. The Reconstruction governments were viewed as an
abyss of corruption resulting from Northern vindictiveness and the desire
for political and economic domination. Later, revisionist historians noted
that not only was public and private dishonesty widespread in all regions
of the country at that time but also that a number of constructive reforms
actually were introduced into the South during that period: courts were
reorganized, judicial procedures improved, public-school systems
established, and more feasible methods of taxation devised. Many provisions
of the state constitutions adopted during the postwar years have continued
in existence. The Reconstruction experience led to an increase in sectional
bitterness, an intensification of the racial issue, and the development of
one-party politics in the South. Scholarship has suggested that the most
fundamental failure of Reconstruction was in not effecting a distribution
of land in the South that would have offered an economic base to support
the newly won political rights of black citizens. Wade-Davis Bill
(1864), unsuccessful attempt by Radical Republicans and others in the U.S.
Congress to set Reconstruction policy before the end of the Civil War. The
bill, sponsored by senators Benjamin F. Wade and Henry W. Davis, provided
for the appointment of provisional military governors in the seceded
states. When a majority of a state's white citizens swore allegiance to the
Union, a constitutional convention could be called. Each state's
constitution was to be required to abolish slavery, repudiate secession,
and disqualify Confederate officials from voting or holding office. In
order to qualify for the franchise, a person would be required to take an
oath that he had never voluntarily given aid to the Confederacy. President
Abraham Lincoln's pocket veto of the bill presaged the struggle that was to
take place after the war between President Andrew Johnson and the Radical
Republicans in Congress. Property law
Ownership as the absolute right to possession
One may thus define ownership in the same way that the legal philosopher
Felix Cohen defined property: "That is property to which the following
label can be attached: To the world: Keep off X unless you have my
permission, which I may grant or withhold. Signed: Private citizen.
Endorsed: The state." Cohen, however, goes on to warn that all the terms of
the definition "shade off imperceptibly into other things." Consider, for
example, the large range of possibilities encompassed in the phrase
"permission, which I may grant or withhold." In all Western legal systems
there are a number of situations in which the law will either assume that
permission has been granted or will require the private citizen to grant
his permission. The situations tend to be dramatic: Firefighters, for
example, are usually allowed to enter private property to prevent the
spread of a fire and frequently are authorized to destroy private property
in order to prevent the spread of a fire.
In the 1960s a number of U.S. Supreme Court cases starkly posed the
conflict between the property owner's right to exclude and civil rights, in
the context of "sit-ins" in restaurants that were excluding customers on
racial grounds. These cases suggested, if they did not quite hold, that in
this context the possessory right of the restaurant owner would have to
yield to the civil-rights claim of those sitting in. In the same period a
number of courts held that owners of farms could not exclude visitors from
agricultural migrant labour camps.
The conflict in these cases between property rights and civil rights was
made starker by the practice in the United States of treating social issues
as constitutional controversies. The issue, however, of the use of property
to discriminate against members of the society whom the property owner
disfavours is present throughout the Western world. Ultimately in the
United States the problem of restaurant sit-ins was resolved by national
legislation that made it the duty of anyone providing food or lodging to
serve all comers without regard to race. Similar legislation exists in many
Western countries, as does legislation allowing access to premises in which
workers are employed. Black code
in the United States, any of numerous laws enacted in the states of the
former Confederacy after the American Civil War, in 1865 and 1866; the laws
were designed to replace the social controls of slavery that had been
removed by the Emancipation Proclamation and the Thirteenth Amendment to
the Constitution, and were thus intended to assure continuance of white
supremacy.
The black codes had their roots in the slave codes that had formerly been
in effect. The general philosophy supporting the institution of chattel
slavery in America was based on the concept that slaves were property, not
persons, and that the law must protect not only the property but also the
property owner from the danger of violence. Slave rebellions were not
unknown, and the possibility of uprisings was a constant source of anxiety
in colonies and then states with large slave populations. (In Virginia
during 1780-1864, 1,418 slaves were convicted of crimes; 91 of these
convictions were for insurrection and 346 for murder.) Slaves also ran
away. In the British possessions in the New World, the settlers were free
to promulgate any regulations they saw fit to govern their labour supply.
As early as the 17th century, a set of rules was in effect in Virginia and
elsewhere; but the codes were constantly being altered to adapt to new
needs, and they varied from one colony, and later one state, to another.
All the slave codes, however, had certain provisions in common. In all of
them the colour line was firmly drawn, and any amount of Negro blood
established the race of a person, whether slave or free, as Negro. The
status of the offspring followed that of the mother, so that the child of a
free father and a slave mother was a slave. Slaves had few legal rights: in
court their testimony was inadmissible in any litigation involving whites;
they could make no contract, nor could they own property; even if attacked,
they could not strike a white person. There were numerous restrictions to
enforce social control: slaves could not be away from their owner's
premises without permission; they could not assemble unless a white person
was present; they could not own firearms; they could not be taught to read
or write, or transmit or possess "inflammatory" literature; they were not
permitted to marry.
Obedience to the slave codes was exacted in a variety of ways. Such
punishments as whipping, branding, and imprisonment were commonly used, but
death (which meant destruction of property) was rarely called for except in
such extreme cases as the rape or murder of a white person. White patrols
kept the slaves under surveillance, especially at night. Slave codes were
not always strictly enforced, but whenever any signs of unrest were
detected the appropriate machinery of the state would be alerted and the
laws more strictly enforced.
The black codes enacted immediately after the American Civil War, though
varying from state to state, were all intended to secure a steady supply of
cheap labour, and all continued to assume the inferiority of the freed
slaves. There were vagrancy laws that declared a black to be vagrant if
unemployed and without permanent residence; a person so defined could be
arrested, fined, and bound out for a term of labour if unable to pay the
fine. Apprentice laws provided for the "hiring out" of orphans and other
young dependents to whites, who often turned out to be their former owners.
Some states limited the type of property blacks could own, and in others
blacks were excluded from certain businesses or from the skilled trades.
Former slaves were forbidden to carry firearms or to testify in court,
except in cases concerning other blacks. Legal marriage between blacks was
provided for, but interracial marriage was prohibited.
It was Northern reaction to the black codes (as well as to the bloody
antiblack riots in Memphis and New Orleans in 1866; see New Orleans Race
Riot) that helped produce Radical Reconstruction (see Reconstruction) and
the Fourteenth and Fifteenth amendments. The Freedmen's Bureau was created
in 1865 to help the former slaves. Reconstruction did away with the black
codes, but, after Reconstruction was over, many of their provisions were
reenacted in the Jim Crow laws, which were not finally done away with until
passage of the Civil Rights Act of 1964. References: 1. Garraty, John A
A short history of the American nation, - 6th ed. – New York Collons
college publ, 1992
2. Ray Allen Willington,
American frontier heritage,- New Mexico, Press 1991
3. Thomas A. Bailey
David M. Kennedy
The American pageant, - 9th ed.- Toronto