Although Grant genuinely wanted to see blacks’ civil and political rights protected, he understood that most Northerners had grown weary of reconstruction and were increasingly willing to let southern whites manage their own affairs. Citizens wanted to shift their attention to other issues, especially after the nation slipped into a devastating economic depression in 1873. More than eighteen thousand businesses collapsed, leaving more than a million workers on the streets. Northern businessmen wanted to invest in the South but believed that recurrent federal intrusion was itself a major cause of instability in the region. Republican leaders began to question the wisdom of their party’s alliance with the South’s lower classes — its small farmers and sharecroppers. One member of Grant’s administration proposed allying with the “thinking and influential native southerners…the intelligent, well-to-do, and controlling class.”
Congress, too, wanted to leave reconstruction behind, but southern Republicans made that difficult. When the South’s Republicans begged for federal protection from Klan violence, Congress enacted three laws in 1870 and 1871 that were intended to break the back of white terrorism. The severest of the three, the Ku Klux Klan Act (1871), made interference with voting rights a felony. Federal marshals arrested thousands of Klansmen and came close to destroying the Klan, but they did not end all terrorism against blacks. Congress also passed the Civil Rights Act of 1875, which boldly outlawed racial discrimination in transportation, public accommodations, and juries. But federal authorities never enforced the law aggressively, and segregated facilities remained the rule throughout the South.
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By the early 1870s, the Republican Party had lost its leading champions of African American rights to death or defeat at the polls. Other Republicans concluded that the quest for black equality was mistaken or hopelessly naive. In May 1872, Congress restored the right of officeholding to all but three hundred ex-rebels. Many Republicans had come to believe that traditional white leaders offered the best hope for honesty, order, and prosperity in the South.
Underlying the North’s abandonment of reconstruction was unyielding racial prejudice. Northerners had learned to accept black freedom during the war, but deep-seated prejudice prevented many from accepting black equality. Even the actions they took on behalf of blacks often served partisan political advantage. Northerners generally supported Indiana senator Thomas A. Hendricks’s harsh declaration that “this is a white man’s Government, made by the white man for the white man.”
The U.S. Supreme Court also did its part to undermine reconstruction. The Court issued a series of decisions that significantly weakened the federal government’s ability to protect black Southerners. In the Slaughterhouse cases (1873), the Court distinguished between national and state citizenship and ruled that the Fourteenth Amendment protected only those rights that stemmed from the federal government, such as voting in federal elections and interstate travel. Since the Court decided that most rights derived from the states, it sharply curtailed the federal government’s authority to defend black citizens. Even more devastating, the United States v. Cruikshank ruling (1876) said that the reconstruction amendments gave Congress the power to legislate against discrimination only by states, not by individuals. The “suppression of ordinary crime,” such as assault, remained a state responsibility. The Supreme Court did not declare reconstruction unconstitutional but eroded its legal foundation.
The mood of the North found political expression in the election of 1874, when for the first time in eighteen years the Democrats gained control of the House of Representatives. As one Republican observed, the people had grown tired of the “negro question, with all its complications, and the reconstruction of Southern States, with all its interminable embroilments.” Reconstruction had come apart. The people were tired of it. Grant grew increasingly unwilling to enforce it. Congress gradually abandoned it. And the Supreme Court denied the constitutionality of significant parts of it. Rather than defend reconstruction from its southern enemies, Northerners steadily backed away from the challenge. By the early 1870s, southern Republicans faced the forces of reaction largely on their own.