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vely thanked God。 The moderates had now fallen away from the President； and at least for this session of Congress； his policies were wrecked。 On the 16th of July； the supplementary Freedmen's Bureau Act was passed over the veto； and on the 24th of July Tennessee was readmitted to representation by a law the preamble of which asserted unmistakably that Congress had assumed control of reconstruction。
Meanwhile the Joint Committee on Reconstruction had made a report asserting that the Southerners had forfeited all constitutional rights； that their state governments were not in constitutional form； and that restoration could be accomplished only when Congress and the President acted together in fixing the terms of readmission。 The uncompromising hostility of the South； the Committee asserted； made necessary adequate safeguards which should include the disfranchisement of the white leaders； either Negro suffrage or a reduction of white representation； and repudiation of the Confederate war debt with recognition of the validity of the United States debt。 These terms were embodied in the Fourteenth Amendment； which was adopted by Congress and sent to the States on June 13； 1866。
In the congressional campaign of 1866； reconstruction was almost the sole issue。 For success the Administration must gain at least one…third of one house； while the radicals were fighting for two…thirds of each House。 If the Administration should fail to make the necessary gain； the work accomplished by the Presidents would be destroyed。 The campaign was bitter and extended through the summer and fall。 Four national conventions were held： the National Union party at Philadelphia made a respectable showing in support of the President； the Southern Unionists； guided by the Northern radicals met at the same place； a soldiers' and sailors' convention at Cleveland supported the Administration； and another convention of soldiers and sailors at Pittsburgh endorsed the radical policies。 A convention of Confederate soldiers and sailors at Memphis endorsed the President； but the Southern support and that of the Northern Democrats did not encourage moderate Republicans to vote for the Administration。 Three members of Johnson's CabinetHarlan； Speed； and Dennisonresigned because they were unwilling to follow their chief further in opposing Congress。
The radicals had plenty of campaign material in the testimony collected by the Joint Committee； in the reports of the Freedmen's Bureau； and in the bloody race riots which had occurred in Memphis and New Orleans。 The greatest blunder of the Administration was Johnson's speechmaking tour to the West which he called 〃Swinging Around the Circle。〃 Every time he made a speech he was heckled by persons in the crowd； lost his temper； denounced Congress and the radical leaders； and conducted himself in an undignified manner。 The election returns showed more than a two…thirds majority in each House against the President。 The Fortieth Congress would therefore be safely radical； and in consequence the Thirty…ninth was encouraged to be more radical during its last session。
Public interest now for a time turned to the South； where the Fourteenth Amendment was before the state legislatures。 The radicals； taunted with having no plan of reconstruction beyond a desire to keep the Southern States out of the Union； professed to see in the ratification of the Fourteenth Amendment a good opportunity to readmit the States on a safe basis。 The elections of 1866 had pointed to the ratification of the proposed amendment as an essential preliminary to readmission。 But would additional demands be made upon the South？ Sumner； Stevens； and Fessenden were sure that Negro suffrage also must come； but Wade； Chase； Garfield； and others believed that nothing beyond the terms of the Fourteenth Amendment would be asked。
In the Southern legislatures there was little disposition to ratify the amendment。 The rapid development of the radical policies during 1866 had convinced most Southerners that nothing short of a general humiliation and complete revolution in the South would satisfy the dominant party； and there were few who wished to be 〃parties to our own dishonor。〃 The President advised the States not to accept the amendment； but several Southern leaders favored it； fearing that worse would come if they should reject it。 Only in the legislatures of Alabama and Florida was there any serious disposition to accept the amendment； and in the end all the unreconstructed States voted adversely during the fall and winter of 1866…67。 This unanimity of action was due in part to the belief that； even if the amendment were ratified； the Southern states would still be excluded； and in part to the general dislike of the proscriptive section which would disfranchise all Confederates of prominence and result in the breaking up of the state governments。 The example of unhappy Tennessee； which had ratified the Fourteenth Amendment and had been readmitted； was not one to encourage conservative people in the other Southern states。
The rejection of the amendment put the question of reconstruction squarely before Congress。 There was no longer a possibility of accomplishing the reconstruction of the Southern states by means of constitutional amendments。 Some of the Border and Northern states were already showing signs of uneasiness at the continued exclusion of the South。 But if the Constitutional Amendment had failed； other means of reconstruction were at hand； for the radicals now controlled the Thirty…ninth Congress； from which the Southern representatives were excluded； and would also control the Fortieth Congress。
Under the lead of Stevens and Sumner； the radicals now perfected their plans。 On January 8；1867； their first measure； conferring the franchise upon Negroes in the District of Columbia； was passed over the presidential veto； though the proposal had been voted down a few weeks earlier by a vote of 6525 to 35 in Washington and 812 to 1 in Georgetown。 In the next place； by an act of January 31； 1867； the franchise was extended to Negroes in the territories； and on March 2； 1867； three important measures were enacted： the Tenure of Office Act and a rider to the Army Appropriation Actboth designed to limit the power of the Presidentand the first Reconstruction Act。 By the Tenure of Office Act； the President was prohibited from removing officeholders except with the consent of the Senate； and by the Army Act he was forbidden to issue orders except through General Grant or to relieve him of command or to assign him to command away from Washington unless at the General's own request or with the previous approval of the Senate。 The first measure was meant to check the removal of radical officeholders by Johnson； and the other； which was secretly drawn up for Boutwell by Stanton； was designed to prevent the President from exercising his constitutional command of the army。
The first Reconstruction Act declared that no legal state government existed in the ten unreconstructed states and that there was no adequate protection for life and property。 The Johnson and Lincoln governments in those States were declared to have no legal status and to be subject wholly to the authority of the United States to modify or abolish。 The ten states were divided into five military districts； over each of which a general officer was to be placed in command。 Military tribunals were to supersede the civil courts where necessary。 Stevens was willing to rest here； though some of his less radical followers； disliking military rule but desiring to force Negro suffrage； inserted a provision in the law that a State might be readmitted to representation upon the following conditions： a constitutional convention must be held； the members of which were elected by males of voting age without regard to color； excluding whites who would be disfranchised by the proposed Fourteenth Amendment； a constitution including the same rule of suffrage must be framed； ratified by the same electorate； and approved by Congress； and lastly； the legislatures elected under this constitution must ratify the proposed Fourteenth Amendment； after which； if the Fourteenth Amendment should have become a part of the Federal Constitution； the State should be readmitted to representation。
In order that the administration of this radical legislation might be supervised by its friends； the Thirty…ninth Congress had passed a law requiring the Fortieth Congress to meet on the 4th of March instead of in December as was customary。 According to the Reconstruction Act of the 2nd of March； it was left to the state government or to the people of a state to make the first move towards reconstruction。 If they preferred； they might remain under military rule。 Either by design or by carelessness no machinery of administration was provided for the execution of the act。 When it became evident that the Southerners preferred military rule； the new Congress passed a Supplementary Reconstruction Act on the 23d of March designed to force the earlier act into operation。 The five commanding generals were directed to register the blacks of voting age and the whites who were not disfranchised； to hold elections for conventions； to call the convent