tribunals as he wished. Under his direction each state was to frame and
adopt a new constitution which must provide for negro suffrage. When
Congress should approve the constitution and when a legislature elected
under its provisions should adopt the Fourteenth Amendment, the state
might be readmitted to the Union.

The Reconstruction Act was remarkable in several features. The provision
imposing negro suffrage was carried through the Senate with difficulty
and only as the result of the tireless activity of Charles Sumner.
Sumner and other radicals were determined that the blacks should be
enfranchised in order that they might protect themselves from hostile
local legislation and also in order that they might form part of a
southern Republican party. Even more noteworthy was the military
character of the Act. The President had already exercised his
prerogative of declaring the country at peace on August 20, 1866, more
than six months before the Act was passed. In the decision in the
Milligan case, which preceded the Act by nearly three months, the
Supreme Court had decided that military tribunals were illegal except
where war made the operation of civil courts impossible. Military
reconstruction was illogical, not to say unlawful, therefore, but
Congress was more interested in a method that promised the speedy
accomplishment of its purposes than it was in the opinions of the
executive and judicial departments.

Despite his dissent from its provisions, the President at once set
military reconstruction in operation. When he mitigated its harshness,
however, where latitude was allowed him, Congress passed additional
acts, over the veto, of course, extending and defining the powers of
the commanding generals. Armed with complete authority, the generals
proceeded to remove many of the ordinary civil officers and to replace