Evening star. [volume] (Washington, D.C.) 1854-1972, 1863-12-09

win reference 70 a rrssmps,ou OF = ~ nat,eaat
ity has been suspended. have thossAs at 70
issue prociamatiou. q copy Of which Is >Here-
with transmitted Ga eXaminatioa Of thas Dr. 'e-
no9nsuS Is Attempted ssycsd What Is anal,
insh Eed By The CJnsiltuliou. True. she form
Of IN oath is given, but no man Is coefced 10
.aE s.s. !. ss the os,s Tss
Constitution authorizes the Executive to grant
or withhold the pardon ~ his own absolute dis
eretion uud this includes the po ger to grant
on ternnt, as Ia fully established by judicial
and other authorities.
1t ia also proffered that If, in any Of the
STATES named, a State government shall he, in
the mode prescribed, set up, such government
shall be recognised and guaranteed by the
United States, aud that under il The State hall.
on the constitutional conditions, be protected
against nvaslon and domestic violence. TIE
constitutional obligation OF the United States
to guaranty to every State In the Union q re-
publican form Of government and to protect
the State, in the cases stated. is explicit and
full. But why tender the bene ats OF this pro-
vision only to State government set in this
particular way;
THIS section Of the Constitution con templates
a case wherein the element within q State,
favorable to republican government In the
Union, may be too feeble for an opposite and
hostile element external to, or even within the
State; and such are precisely the cases with
which we are now dealing.
An atts mpt TO guaranty and protect re-
SlVSo S-ENe RoNeEumSut4 COn5IIUct00 In whole,
CT in preponderatin part, from the very eie.
ment against whose hostility and violence il is
to be projected is simply absurd. There INST
be q test By which to separate the opposing
elements, so as to build only from the sound:
and that test is a sufficiently liberal one which
accepts as sound whoever will make sworn
recantation Of his former unsoundness
But II it Ike proper to require as q test Of ad-
mission TO the political body, an oath OF allie.
glance to the Constitution OF the United States.
and TO the Union under II, why also to the laws
m a in I'd RI Ia Tho,
laws and prociamatons were enacted and put
forth for the purpose OF aiding in the suppress
sion OF the rebellion. TO give them their fullest
effect, there had to be a pledge for their m iin-
tenanCe. In my JUDGMENT they have aided, and
will further aid, the cause for which they were
intended. To now abandon them would be not
also be cruel and an astounding breach Of
faith.
may add at this point, that while remain
IN my present position l shall not attempt to
retract or modify the emancipation proclama-
ton nor shall return to slavery any person
who isSfree by the terms OF that proclamation
or by any Of the acts OF Congress. For these
and ether reasons il thought best tn 1t sup
port Of these measures shall be included in the
oath; and it is believed the Executive may
lawfully claim it in return for pardon and
restoration Of forfeited rights which he has
clear constitutional power to withhold alto.
cether, or grant upon the terms W hich h shall
deem wisest for the public interest. 1t should
be Observed, also, that this part Of the oath il
suclect to the modifying and abrog lting power
OF Legislation and supreme judicial decision.
The proposed acquiescence OF the national
Executive IN any reasonable temporary S:lte
arrangement for the freed pc ople is m ade with
the view OF possibly modifying thu confus ion
and desilution which must. at best attend all
classes 10y total revoluti of labor through.
out whole States 1t is hoped that the already
deeply afflicted people in those States may be-
somewha more ready to give up the cause of
their afictioH, IT, to this extent this vital mat
ter be left to themselves; while no power Of the
naticnal Executive to prevent an apUse Is
abridged by the proposition.
The suggestion in the proclamation MS to
nc aintaining the political frame work Of the
States on what is called reconstruction, Is
made in the hope that it may do good without
danger of hahn 1t Will save labor, and avoid
great confusion.
But why any proclamation now upon this
snblectl This question is beset with the con.
hicting views that the step might be delayed
100 long or be taken too soon. In some Sta'eS
the elements tor resumption seem ready for
resumption seem ready for action. but remain
inrctive. apparently for want Of . rallyiug
the plan of b, rather than b that of Al And
il and b should agree, how can they know
but that the general Government he re will re-
jet their plan BY the proclamation PLAN Is
presented which may be accepted by thrm asa
rallying point, and which they are assured in
advance will nos be rejected here. This may
bring them to act sooner than they otherwise
would
The ohjections to 8 premature presentation
Of plan by tbs national Executive consists in
the daE ger Of corumittals ON points which con Id
be more safely LETT 10 further deveiopments
Care has been taken to shape the doc ument as to
avoid embellishments from this source Say.
ing that, on certain terms, certain classes will
ba pardoned, with rights restored, II Is not said
that other classes, or other terms, will never
be included Saying that reconstruction will
be accepted ii presented IN 8 specified way, 1t
is rot said II will never Be accepted In any
Other way.
The movements. by State action, for emsn.
cipation In sc veral OF the States, not included
in the emancipation proclamation, are matters
OF profound graduation. And while do not
repeat In detail what have hereto fore so ear.
Mostly urged upon this subject, my general
views and feelings remain unchanged; aud I
trust that Congress will omit no fair opportu-
nifty Of siding these important steps TO u great
cons ummatioR-
In the midst of other cares, however import-
ant, we must not lose 81 sht OF the fact that rhs
war power Is still our main reliance. To that
power alone can we look, yet for a time, to
give confidence to tha people In the couteste
regions, that the InsUrgeht power Will not
again overrun them Until that confidence
shall be established. little can bs done any.
where for what Is called reconstruction =
Hence our chiefes. care must still be digectedito
the army and navy, who have thus far borne
their harder part SO nobly and we'll .
And It may lbe esteemed fortunate that in
sable arms, we do also honorably recognize the
the gallant men, from commander TO sentinel,
who compose them, and to whom, more than
to others, the world must stand indebted for the
home Of freedom disenthralled, regenerated,
enlarged, and perpetuated:
december s, 1863
T- 90 5--s----f&C 1917
'- PROCLAMATION. "t'
Whereas, In and by the Constitution of the
United States, it is provided that the Presi.
dent ssshaH have power to grant reprieyss
ana pardons for offences again st the United
States, except In cases Of impeachment:n and
Whereas rebellion now exists whereby the