Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1863-12-10

a matter Of civil administration. The Gov
eminent had no lawful power TO effect emanci-
patton in any State, and for long time it
had been hoped that she rebellion could be
suppressed without resortiug 10 it as a military
measure, II was oil the while deemed possible
that necessity for it might come, and that il
it should the crisis of the contest would then
be presented. 1t came, and as intended, it
was followed BY dark and doubtful days
Eleven months having been passed we are
permitted to take another review the rebel
borders are pressed still further back, and by
the complete opening OF the Mississippi River,
the country dominated over by the rebellion
is divided into distant parts
Practical communication between them and
Tennessee and Arkansas has been so substan-
tally cleared Of the insurgents control and
influence, and the citizens in eaeh and the
owners OF slaves and advocates of slavery at
the beginning of the rebellion, now declare
openly for emancipation in their respective
States OF those States not included in the
Emancipation Proclamation, Maryland and
Missouri, neither of which, years ago, would
tolerate any restraint upon the extension of
slavery into their territories, only dispute now
as to the best mode of removing it from their
own limits. OF those who were slaves at the
beginning OF the rebellion, fully one hundred
thousand are now in the United States mill
tary service, about one-half Of which number
actually bear arms in the ranks, thus giving
the double advantage Of taking so much la
Dor for the insurgent cause, and supplying the
places which otherwise must be filled with so
many white men, So far as tested, it is diGi
cult to say they are not as good soldiers as
any No servlle insurrection, or tendency to
violence or cruelty has marked the measures
OF emancipation and arming the blacks
These measures have been much discussed in
foreign countries, and contemporary with
such discussions, the tone of public sentiment
there is much improved. When the same
measures have been fully discussed support
ed, criticized and denounced, and the annual
elections are highly encouraging to those
whose special duty it is to bear the country
through this great trial. thus we have the
reckoning The crisis which threatened to
divide the friends of the Union is past
Looking now to the present and future and
with reference to resumption Of the Nation
al authority within the States wherein that
authority has been suspended, have thought
fit to issue proclamation, copy of which is
herewith transmitted, On examination of
this proclamation it will appear, as is believed
amply justified by the Constitution. True the
form of an oath is given, but no man is CO.
creed to take it. A man is only promised a
pardon in case he voluntarily takes the oath
The Constitution authorizes the executive to
grant it on terms as is fully established by
judicial and other authorities it is also prefer.
red that many of the States named a seat of
government it shall be in the mode prescribed
set up. Such government shall be recognized
and guaranteed by the United States, and
that under 1t the State shall, on subscribing
to the constitutional conditions, be protected
against invasion and domestic violence The
constitutional obligation of the United States
to guarantee to every State in the Union
republican form Of government, and to pro-
tect the State in the case as stated. is explicit
and full, but why tender the benefits Of this
provision only to State government
set up in this particular way This section of
the Constitution eon.emplates a case wherein
the element within State, favorable to re-
| publican Government in the Union, may be
too feeble for an opposite and hostile element
external to and even within the State, and
such are precisely the cases with which we are
now dealing an attempt to guarantee and
protect revised state Of Government, con-
structed in whole, or in preponderatng part
from the very element against whose hostili-
| ty d voeHce 1t is to be protected, is simply
absurd There must be test By which o
separate opposing elements, so as to build
only from the sound, and that test is a suiii-
cient and liberal one, which accepts as sound
whoever will make d sworn recantation of his
former unsoundness. But if it be proper to
require test of adm ssion to the political
body, an oath of allegiance to the Constitu-
ton of the United States, and to the Union
under 1t, why not also TO the laws and procla.
nation in regard to slavery Those laws and
proclamations we're enacted and put forth for
the purpose of aiding in the suppression of
the rebellion. To give them the fullest ef-
feet, there had to be pledge for their main
tensnce; in my judgment, they have aided,
and will further aid, the cause for which they
were enlisted. To give up their principle,
would be not only to rslnquish lever of
power, but would also be cruel and astound-
ing breach of faith. l may add, at this point,
that while l remain in my present position, !
shall not attempt to retract or modify the
Emancipation Proclamation, nor shall re-
turn to slavery any person who is made free
~ the terms Of the Proclamation, or by an
act Of Congress. For these and other reasons
it is thought best that the support of these
persons shall be included in the OATH and it
is believed the Executive may lawfully claim
it in return for pardon and restoration of
projected rights, which he has clear constitu-
tional power to withhold altogether, or grant
upon the terms which he shall deem wisest
for public interest 1t should be observed,
also, that this part of the oath is subject to
tie modifying and sbrogating power Of egis-
lation, and supreme judicial decision.
The proposed acquiescence of the National
Executive in any honorable temporary State
arrangement for the freed people is made with