Some land was expropriated on grounds the taxes were delinquent, and sold at auction. But only a few blacks could afford to buy this. In the South Carolina Sea Islands, out of 16,000 acres up for sale in March of 1863, freedmen who pooled their money were able to buy 2,000 acres, the rest being bought by northern investors and speculators. A freedman on the Islands dictated a letter to a former teacher now in Philadelphia:

My Dear Young Missus: Do, my missus, tell Linkum dat we wants land — dis bery land dat is rich wid de sweat ob de face and de blood ob we back… We could a bin buy all we want, but dey make de lots too big, and cut we out.

De word cum from Mass Linkum's self, dat we take out claims and hold on ter um, an' plant um, and he will see dat we get um, every man ten or twenty acre. We too glad. We stake out an' list, but fore de time for plant, dese commissionaries sells to white folks all de best land. Where Linkum?

In early 1865, General William T. Sherman held a conference in Savannah, Georgia, with twenty Negro ministers and church officials, mostly former slaves, at which one of them expressed their need: "The way we can best take care of ourselves is to have land, and till it by our labor…" Four days later Sherman issued "Special Field Order No. 15," designating the entire southern coastline 30 miles inland for exclusive Negro settlement. Freedmen could settle there, taking no more than 40 acres per family. By June 1865, forty thousand freedmen had moved onto new farms in this area. But President Andrew Johnson, in August of 1865, restored this land to the Confederate owners, and the freedmen were forced off, some at bayonet point.

Ex-slave Thomas Hall told the Federal Writers' Project:

Lincoln got the praise for freeing us, but did he do it? He gave us freedom without giving us any chance to live to ourselves and we still had to depend on the southern white man for work, food, and clothing, and he held us out of necessity and want in a state of servitude but little better than slavery.

The American government had set out to fight the slave states in 1861, not to end slavery, but to retain the enormous national territory and market and resources. Yet, victory required a crusade, and the momentum of that crusade brought new forces into national politics: more blacks determined to make their freedom mean something; more whites-whether Freedman's Bureau officials, or teachers in the Sea Islands, or «carpetbaggers» with various mixtures of humanitarianism and personal ambition-concerned with racial equality. There was also the powerful interest of the Republican party in maintaining control over the national government, with the prospect of southern black votes to accomplish this. Northern businessmen, seeing Republican policies as beneficial to them, went along for a while.

The result was that brief period after the Civil War in which southern Negroes voted, elected blacks to state legislatures and to Congress, introduced free and racially mixed public education to the South. A legal framework was constructed. The Thirteenth Amendment outlawed slavery: "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." The Fourteenth Amendment repudiated the prewar Dred Scott decision by declaring that "all persons born or naturalized in the United States" were citizens. It also seemed to make a powerful statement for racial equality, severely limiting "states' rights":

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The Fifteenth Amendment said: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."

Congress passed a number of laws in the late 1860s and early 1870s in the same spirit-laws making it a crime to deprive Negroes of their rights, requiring federal officials to enforce those rights, giving Negroes the right to enter contracts and buy property without discrimination. And in 1875, a Civil Rights Act outlawed the exclusion of Negroes from hotels, theaters, railroads, and other public accommodations.

With these laws, with the Union army in the South as protection, and a civilian army of officials in the Freedman's Bureau to help them, southern Negroes came forward, voted, formed political organizations, and expressed themselves forcefully on issues important to them. They were hampered in this for several years by Andrew Johnson, Vice-President under Lincoln, who became President when Lincoln was assassinated at the close of the war. Johnson vetoed bills to help Negroes; he made it easy for Confederate states to come back into the Union without guaranteeing equal rights to blacks. During his presidency, these returned southern states enacted "black codes," which made the freed slaves like serfs, still working the plantations. For instance, Mississippi in 1865 made it illegal for freedmen to rent or lease farmland, and provided for them to work under labor contracts which they could not break under penalty of prison. It also provided that the courts could assign black children under eighteen who had no parents, or whose parents were poor, to forced labor, called apprenticeships — with punishment for runaways.

Andrew Johnson clashed with Senators and Congressmen who, in some cases for reasons of justice, in others out of political calculation, supported equal rights and voting for the freedman. These members of Congress succeeded in impeaching Johnson in 1868, using as an excuse that he had violated some minor statute, but the Senate fell one vote short of the two-thirds required to remove him from office. In the presidential election of that year, Republican Ulysses Grant was elected, winning by 300,000 votes, with 700,000 Negroes voting, and so Johnson was out as an obstacle. Now the southern states could come back into the Union only by approving the new Constitutional amendments.

Whatever northern politicians were doing to help their cause, southern blacks were determined to make the most of their freedom, in spite of their lack of land and resources. A study of blacks in Alabama in the first years after the war by historian Peter Kolchin finds that they began immediately asserting their independence of whites, forming their own churches, becoming politically active, strengthening their family ties, trying to educate their children. Kolchin disagrees with the contention of some historians that slavery had created a «Sambo» mentality of submission among blacks. "As soon as they were free, these supposedly dependent, childlike Negroes began acting like independent men and women."

Negroes were now elected to southern state legislatures, although in all these they were a minority except in the lower house of the South Carolina legislature. A great propaganda campaign was undertaken North and South (one which lasted well into the twentieth century, in the history textbooks of American schools) to show that blacks were inept, lazy, corrupt, and ruinous to the governments of the South when they were in office. Undoubtedly there was corruption, but one could hardly claim that blacks had invented political conniving, especially in the bizarre climate of financial finagling North and South after the Civil War.

It was true that the public debt of South Carolina, $7 million in 1865, went up to $29 million in 1873, but the new legislature introduced free public schools for the first time into the state. Not only were seventy thousand Negro children going to school by 1876 where none had gone before, but fifty thousand white children were going to school where only twenty thousand had attended in 1860.