Part of that backlash is due to the passage of time and people "cooling down" as a result. If Butler moves more quickly than Johnson did people wouldn't have cooled off as much and more of the reforms would have survived longer IMO.
How much longer?
As previously observed , within less than a decade of Appomattox, the US Army is down to little more than its prewar level. That is something that can't be altered just by changing Presidents - and the South contains close to a million Confederate veterans, few of whom have much time for negro rights. Add to that the fact that the ex-Rebs have clearly reconciled themselves to the restored Union, so that there's no particular need to keep them out of power [1] and the house of cards comes tumbling down.
[1]By 1880 virtually every Committee of Congress was chaired by a Rebel Brigadier - a fact which caused some indignation among Northern voters, and helped elect Garfield, yet made no noticeable difference to how the US was being run.
Yeah, and I agree Forrest, Davis, Wirtz and Seddon all hang with many others being locked up for a long time.
Does full suffrage come with full second amendment rights? Maybe freemen will be the ones running state-sanctioned defense militias.
Yeah, and his excuse was that he was "Just following orders." Sounds familiar doesn't it?
To us, yes. But Nuremburg was still 80 years away during his trial. The thing is, if Wirtz hadn't been such a personal bastard himself, he could probably have beaten the wrap. But between Andersonville being the worst camp, and his deliberate policies of exacerbating the camp's conditions, he earned every one of those thirteen steps. (1) Its not like the Union hunted down and killed every last Confederate PoW camp commander in the South.
1) If NOTHING else, it would have cost the South no resources whatsoever to allow fresh water to be provided to the prisoners at Andersonville. It was lack of safe drinking water that was the true killer, though starvation certainly made things worse.
Depends on what Butler does. One idea I have is to have the various military governments impose a highly progressive property tax. Something like this 0-40 acres no tax. 41-80 acres 2%, 81-120 4%, 121-160 8% 161+ 16% and you exempt all Union Veterans. The majority of planters wouldn't be able to pay the tax and you seize those lands. You then distribute the land among Union Military Veterans with White Veterans getting twice the land as Black ones so it would be acceptable to White Northern voters. What you wind up with is a lot of land being distributed to Unionists and considerable amount to Black ones.
And how is he to get anything like that through Congress?
Even a proposal to disfranchise Confederates till 1870 was too much for them. It got through the House, iirc, but the Senate (despite being nearly four to one Republican) wouldn't buy it. So how on earth do you sell wholesale property confiscation?
Confiscation of property is easy for a President, simply make it a condition of not being prosecuted for treason
And that would stand up in court? On the face of things, it sounds like a palpable evasion of the Constitutional ban on forfeiture "except during the life of the person attainted"
In any case, what one President does, another can undo. President Grant (who iirc never endorsed confiscation) will be perfectly at liberty to change the conditional pardon into an unconditional one, and restore the land to its owners. So the confiscation would be very temporary, ending probably soon after March 1869.
But in any case what is the point? As already noted, there was plenty of land already on the market if Congress, or a Radical State government, wanted to use it in that way. Neither did so OTL, and there's no reason why they should act differently TTL just to please a temporary accidental President.
What would constitute "doing a good job"? Wholesale property confiscations would be hugely controversial [1], and likely to attract wide criticism even among Republicans. Note that a heavily Republican Congress didn't even agree to give Blacks the vote until two years of provocation from Andrew Johnson (which won't have happened TTL) finally pushed them into it. Its "radicalism" is much overstated.
Also, even if the US could obtain clear title to the land [2], does a POTUS have the power to just sell off government property at his own discretion?
Finally, how likely is it that Butler would have been pursuing such a policy? OTL, according to Nash [3] as late as Sep 1865 he expressed support for Johnson's policies "as far as he understood them". He did advocate measures to prohibit compensation to slaveowners, for the disfranchisement of leading Confederates, and to prevent the South receiving additional representation in Congress in respect of voteless Blacks, but all in all, that sounds little different from the second, third and fourth sections of OTL's Fourteenth Amendment. Butler was given to colourful language, but would he in action have been that much more radical than Republicans in general?
[1] Especially if the owners were former CSA Officers who were protected from molestation by the terms of their surrenders. Grant, iirc, made it clear that he would resign if Lee or anyone covered by the terms he had granted at Appomattox, were to be arrested or prosecuted. Sherman would likely take the same attitude.
[2] The Freedmen's Bureau Act contemplated the settlement of Freedmen on lands which had been abandoned by their owners, but it carefully promised only "such title as the United States can convey". Clearly the gentlemen were highly doubtful as to the constitutionality of the whole business, even with an Act of Congress, let alone without one. No doubt the Supreme Court would (to put it mildly) have shared these misgivings.
[3] Howard P Nash Stormy Petrel, Ch 17.