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The Severest Justice By Ishan Sharma
The severest justice may not always be the best policy
Chapter 1
Ulysses S. Grant, the most illustrious warrior and statesman of modern times, the captain whose invincible sword saved the republic from dismemberment, made liberty the law of the land. A man too broad for prejudice, too humane to despise the humblest, too great to be small at any point. In him, the negro found a protector, the Indian a friend, a vanquished foe a brother, an imperiled nation a savior.
From: “A History of Reconstruction” by John Langdon (1996)
The assassinations of President Abraham Lincoln and his Vice President Andrew Johnson on April 14, 1865 led to the unprecedented succession of a president pro tempore of the Senate, a virtually unknown man, to the highest office of the country. Acting President Lafayette S. Foster’s liberalism[1] made him hated by many Americans in this radical era. However, ultimately, his eleven month-long presidency, with most of it occurring in a period in which Congress was not in session, did not seriously impact Reconstruction; today he is virtually unknown. Yet, how did he accede to the presidency at a time of great strife? We must examine the political climate of this era to learn why.
In 1864, the Civil War was still raging. Although Confederate defeat was imminent, many political questions still remained. It was still unknown what to do with the South following the war’s end and how to reincorporate it and make it a loyal part of the Union. In the election of the aforementioned year, after slimly averting radicals led by John Fremont bolting his party, President Lincoln joined forces with War Democrats, led by a prominent Southern Unionist (and the only Southern Congressman to remain loyal) by the name of Andrew Johnson, and formed the National Union Party, with Johnson nominated as Lincoln’s vice presidential candidate.
The National Union Party was in favor of continuing the war effort and the ticket (although the radicals did not share this opinion) was in favor of a post-war Reconstruction based upon reconciliation of the South and North. On the other hand, the rump Democrats nominated (the unpopular) General George B. McClellan as their presidential candidate and former Congressman George H. Pendleton as his running mate. They ran upon a campaign promise of peace, although McClellan, as a general who fought in the Civil War, did not truly believe in this promise. It certainly comes to no surprise he did not campaign very hard
Although at the very beginning of the campaign it seemed as if the victor of the election would be McClellan (Lincoln signed a pledge that in the event of electoral defeat he would do his utmost to defeat the Confederacy before his tenure was up), as the war effort continued and the US was able to capture a large amount of Confederate territory (for instance, Sherman was able to defeat the Confederates in Georgia and capture Atlanta). Even the most pessimistic Americans were convinced that Confederate defeat was imminent. Ultimately, these victories led to the Lincoln/Johnson ticket prevailing over the McClellan/Pendleton in what remains one of the largest Republican electoral victories to date. The Union was preserved.
Soon after Lincoln’s second inauguration, John Wilkes Booth, a prominent actor and a Confederate sympathizer (although he hid this fact), decided that he wanted Lincoln dead. To that end, alongside his co-conspirators Lewis Powell, David Herold, and George Atzerodt, they sought to kill President Lincoln, Vice President Johnson, and Secretary of State William Seward in order to cause a succession crisis (not knowing that Foster rather than Seward was to become president following the death of Lincoln and Johnson). Booth was to assassinate Lincoln, Powell and Herold were to assassinate Seward, and Atzerodt was to assassinate Johnson.
Atzerodt was assigned by Booth to go to the Kirkwood House, where Johnson was currently residing, to go to Johnson’s room at 10:15 PM and shoot him. Despite some last-minute reluctance on April 14 1865, after renting a room in the Kirkwood directly above Johnson’s room, Atzerodt got to work[2]. Asking the bartender in the bar downstairs, he found out that Johnson was most likely in his room sleeping or perhaps working. When the door to Johnson’s room would be opened by army men who came to tell him of his succession to the presidency the next day, it was seen that Johnson had his hands clasped around Atzerodt’s neck with his throat slit, while Atzerodt had a bloody knife in his hand. Both were found to be dead. From what we can determine, it seems like Atzerodt attempted to slit the throat of Johnson, but Johnson woke up to see what was happening and choked Atzerodt to death, but not before Johnson had his throat slit by his assassin. Of course, with no witnesses, we may never know exactly what happened.
Concurrent to the above assassination, Powell went to Seward’s house. Carrying a revolver and a knife, he knocked on the door and told the butler that he had medicine from Seward’s doctor and was to administer it to him (as Seward recently had a carriage accident). As Powell walked up to Seward’s room, he was stopped by Seward’s son, Assistant Secretary of State Frederick Seward. Although Powell said the same story, Frederick Seward was not convinced and told him that his father was asleep. Powell then stabbed Frederick Seward and hit him on the head with his gun after panicking. When Seward’s daughter Fanny Seward opened the door wondering what all of this sound was, Powell barged in and stabbed Seward many times on his face and neck, slicing open his cheek. Although numerous people such as Augustus Seward, Seward’s son and an army major, attempted to pursue Powell, he was able to escape. Afterward, Seward was lifted up into his bed, where he said “I am not dead; send for a doctor, send for the police, close the house”. Powell’s stabs had not hit anything important. Seward’s cheek would heal, but it was permanently scarred.
The assassination of Lincoln occurred concurrently to the two other assassinations at around the same time. Lincoln was watching a play at Ford’s Theater. Notably, he invited General Ulysses Grant to join him, but as Mrs. Grant had no wish to converse with the First Lady, Grant declined the invitation. If he had accepted the invitation, he would have probably brought in a military guard that may have been able to stop Booth from his evil acts. Booth, a famous actor, was accepted into the presidential box. Knowing the play that was running by heart (as he acted in it many times), when nearly everyone in the theatre (including Lincoln) laughed at an especially funny line, Booth shot Lincoln, perhaps believing that the laughter would cover his gunshot.
Henry Rathbone, a major in the presidential box with Lincoln, jumped from his seat and attempted to block Booth from escaping and grabbed him. Booth stabbed Rathbone, but after recovering, he grabbed Booth’s coat, causing Booth to fall to the stage. Raising himself up despite his injuries, Booth crossed the stage, making the audience believe that this was all part of the play. However, he raised up his bloody knife and yelled “sic semper tyrannis”, meaning “Thus Always to Tyrants”, the former motto of Virginia[3] and the motto of Virginia at the time. Major Joseph Stewart, a man in the audience, walked up to the stage and began to pursue Booth while most of the audience still thought this was part of the play. As it became apparent that this was not part of the play, the audience broke out into chaos. This cover was used by Booth to escape.
A military surgeon by the name of Charles Leale was also watching the play when he realized what was happening. Walking through the crowd, he was able to get to the presidential box and examined the wounds of Lincoln. Feeling around, the bullet wound was found. Although it was too deep to be easily treated, he was able to loosen blood clots. As it became evident that Lincoln should be moved, he was moved across the street where other surgeons arrived to take care of him. It was here that he died at 7:22 AM, less than a day after he was shot.
The public was enraged[4] by these events and clamored for a hunt of the conspirators…
From: “The Book of Presidential Inaugurations” by William Wesley (2011)-
LAFAYETTE S. FOSTER: In the wake of the deaths of President Abraham Lincoln and Vice President Andrew Johnson, the Presidential Succession Act of 1792 went into play for the first time in the nation’s history and president pro tempore of the Senate Lafayette S. Foster was brought to the Peterson House, where Lincoln had recently died, and was inaugurated as Acting President (not President as he felt that as he was never elected, he had no right to be such a president) for the next eleven months (until the election of 1865 was held).
In his swearing-in speech, he swore to capture the conspirators and continue the war effort, although everyone knew the war was coming very close to victory as this was after the great surrender of General Lee at Appomattox House. He spoke of his reluctance to become Acting President, but stated he would do his job to the best of his ability. Of course, his inauguration was vastly overshadowed by the deaths of Lincoln and Johnson, but this speech has been well received by historians. His acting presidency, of course, was marked by great amounts of reluctance towards virtually every issue except, of course, for the Thirteenth Amendment, a move which angered many radicals (most notably future Secretary of State Thaddeus Stevens, who advocated for splitting up plantation land amongst Negroes in a plan that was too radical even for most radicals).
According to the President Act of 1792, the electors would meet in the first Wednesday in the December of 1865. Of course, with the Act having made in an era in which each state chose the way its electors would be chosen, it did not say when the popular election should occur. It was decided that it would be held in early November, as with most other elections.
From: “A History of the Civil War” by John Langdon (1996)
The Battle of Appomattox House, generally regarded as the end of the Civil War. However, in truth, it was not the end of the war. Indeed, the true end came under Foster’s brief acting presidency. Of course, with the US having already recaptured nearly all of the Confederacy, this stage of the war was marked by a variety of surrenders. Every Confederate general from Joseph E. Johnston to Edmund Kirby Smith surrendered to the victorious American forces. It should also be noted that the final battle of the Civil War, the Battle of Palmetto Ranch, was held in Southern Texas at the banks of the Rio Grande. A Union victory[5] in which many Confederates were taken prisoner, it led to the recapture of all of Texas and the surrender of the remaining Confederate forces.
Of course, in any case, these final battles and surrenders were greatly overshadowed by the funeral of Lincoln and the hunt and trial for the conspirators of his assassination[6] and by the time that these events were done, the Civil War was just about done. By this point, it was time for the election of 1865…
From: “The Book of Presidential Elections” by William Smith (1982)
1865 ELECTION: This election was unlike any other. Occurring only one year after the previous election due to the deaths of President Lincoln and Vice President Johnson, the landslide Unionist victory was not a surprise at all. What was widely unknown was who the nominees would be.
The National Union Convention of 1865 (having been named as such in honor of Abraham Lincoln, a death that remained prominent in public memory), despite seeing a small dispute over the party’s naming, went very smoothly. Even though at the very beginning of the Convention there were a number of candidates, when it came time for the actual nomination, most of the delegates decided there was only one choice that would ensure the party’s victory. The first and only presidential ballot led to General Ulysses S. Grant winning an overwhelming majority of the delegates[7]. At a time when the nation needed him, Grant accepted the nomination of his party. On the other hand, the question of who Grant’s running mate should be was one that had to be answered. It remained unknown whether he should be a liberal or a radical. Ultimately, Benjamin Wade, a radical Senator, defeated Speaker of the House Schulyer Colfax[8] by a fair margin. This move angered many liberals and contributed to the growing rift between the two main wings of the NUP.
On the other hand, the Democratic National Convention saw a large number of candidates run for the presidency. The first few ballots saw inconclusive results. Many delegates wanted to draft the president of the Convention, Horatio Seymour as a compromise candidate but he did not want the nomination[9]. Although while he was sleeping many delegates nominated him, when he woke up the following morning he refused any nomination, a move that split the Convention further[10]. Ultimately, after fifty-three ballots, Senator Thomas A. Hendricks was nominated by the Convention. The next great question was who the vice presidential candidate should be. The Convention, exhausted by the previous balloting, nominated former Senator Augustus C. Doge as his running mate unanimously on the first ballot.
The Unionist campaign was based upon two planks. It stressed the extreme popularity of Grant, the recent victory in the Civil War, and sought to uphold Lincoln’s great plans for the post-war United States. Suffice to say, these planks were highly popular among many northerners; indeed, it made Democratic victory impossible. Even the election itself – occurring three years earlier than it should have – reminded many voters of Lincoln’s recent death. Nevertheless, the NUP as a whole (although this was not true for Grant) campaigned fiercely against the Democrats. In one notable instance, the New York Times ran an ad showing him greeting New York draft rioters as “my friends”[11].
On the other hand, the Democratic Party ran a fierce campaign against the radicalism of the NUP. They sought to put an end to the ongoing military occupation of the South, which they saw as an illegal act and unnecessarily cruel. Hendricks talked of reconstructing the South, but in a sensible way. This moderate rhetoric (they ran a campaign saying very few colour-phobic[12] comments) demonstrates how the Democrats saw that upon half of their party betraying the nation to form the Confederacy (as most Confederate politicians were ex-Democrats) they came to the distinct realization that they had to moderate themselves to an extent to remain a competitor to the greatly dominant NUP.
The results of the election were foreseen by many. Only the most optimistic Democrats did not see this happening.
Ulysses S. Grant/Benjamin Wade (National Union Party): 215 Electoral Votes (56.4%) Thomas A. Hendricks/Augustus C. Doge (Democratic Party): 18 Electoral Votes (44.5%)
Note: The Southern states sent electors directly chosen by their respective assemblies (all of which were controlled by Unionists and Republicans and voted as one may expect), but their votes were ultimately not counted[13].
With Lincoln’s death remaining quite prominent in public memory and a respectable general like Ulysses Grant winning the nomination of the NUP (even the latter alone would have led to such a landslide[14]), the Unionists were able to sweep the nation and win every state save New Jersey and Kentucky. Indeed, the Unionists did even better than they had in 1864, as this time they also won the state of Delaware by the smallest of margins. The NUP could now implement its radical ideas of Reconstruction. Of course, with Congress coming into session in the December of 1865, a very important constitutional amendment in the eyes of Unionists and even many moderate Democrats could now be implemented…
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[1] Not OTL liberalism. We would probably call such an ideology conservatism. Foster was indeed a conservative Republican. After losing his spot on the Senate, he ran for the federal House of Representatives… as a Democrat. He was subsequently defeated.
[2] This is the POD. OTL, Atzerodt lost his nerve and got drunk, wandering around the city, before booking a room in another hotel.
[3] IOTL, this remains the motto of Virginia.
[4] Not any more so than OTL as the public was so enraged by Lincoln’s death it could not be enraged any further; one cannot wet a river.
[5] Unlike OTL, in which it was a Confederate victory. Of course, in both cases, it hasn’t caused much to change as it was so minor.
[6] Both of these events went largely as OTL.
[7] This may seem extremely convergent, but Grant was extremely popular in the wake of the American Civil War. Even in 1864, Mary Todd Lincoln was scared that the delegates at the National Union Convention would vote for Grant rather than Lincoln. Nothing short of a Sherman-like denial could stop him from winning the nomination of his party.
[8] He was able to defeat Wade and won the vice presidential nomination of his party in 1868 IOTL and served such a role from 1869-73.
[9] As what happened in 1868 IOTL.
[10] This happened IOTL as well, except Seward accepted and ultimately won the nomination of his party.
[11] The New York Times actually ran such an ad in the 1868 election IOTL.
[12] White supremacist. This was the preferred term in the Reconstruction Era IOTL.
[13] This happened in 1864 in Tennessee and Louisiana.
[14] This is not true at all. IOTL, in 1868, Grant only prevailed over Seymour by about three hundred thousand votes and four percent of the popular, a surprisingly low margin that showed that the Democratic campaign won the hearts of many Americans, Southerner and Northerner. ITTL, the greater Republican showing is because the death of Lincoln was very recent, thus making many more people vote for the NUP.