, 1863-12-26

not as good soldiers as any No seryie in
surrection or tendency to violence or cruel
ty has marked the measures of emancipation
and arming Of the blacks Those measures
have been much discussed in foreign coun-
tries, aud cotemporaneously with such dis
cussion the tone of public sentiment there is
much improved. At home, the same meas
ures have been fully discussed supported
criticised and denounced, and the annual
elections following are highly encouraging
to those whose special duty it is to bear the
country through this great trial We have
the reckoning. The crisis which threatened
to divide the Union is past
THE RECONSTRUCTION OF THE UNION
Looking now to the present and future
and with reference to resumption of the
National authority within the States where
in that authority has been suspended, l have
thought fit to issue proclamation 1t will
appear, as is believed, amply justified by the
Constitution True, the form of an oath is
given, but no man is coerced to take it. A
man is only promised pardon in ease he vol
UNFAIRLY takes the oath The Constitution
authorizes the Executive to grant pardon
on such terms as are fully established by the
judicial and other authorities. 1t is also
profered, that if any Of the States named
assent, Government shall be, in the mode
prescribed, set up; that such Government
shall be recognized and guaranteed by the
United States, and that the State shall, un-
der the Constitution, be protected, against
nd Il al
stituGonal obligations of the United States
to guarantee to every State in the Union a
republican form of government and to pro
tect the State in the cases4stated, 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 contemplates a case
wherein the element within State favorable
to republican Government in the Union
may be too feeble for an opposition and hos
tile element external to and even within the
State, and such are precisely the cases which
we are now dealing. An attempt to guaran-
tee and protect revised State Government
constructed in whole or in Preponderating
part, from the very element againts whose
hostility and violence it is to be protected,
is simply absurd. There must be a test by
which to separate opposing elements, so as
to build only from the sound and that test
is sufficiently liberal one which accepts as
soud whoever will make sworn recognition Of
his former unsoundness. But if it be prop
er to require as test of admission to the
political body, an oath Of allegiance to the
Constitution Of the United States and the
laws under it, why not also to laws and proc
lamations in regard to slavery? These laws
and procamatlOns were enacted and pat forth
for the purpose Of aiding the suppression of
the rebellion. To give them their fullest eff
feet, there had been pledge for their main
tenance. In my judgement they have aided
and will further aid, the cause for which
they were enlisted TO give up this princi-
pie would not only be to relinquish lever
Of power, but would also be a cruel and as
founding breach Of faith [ may add, at this
point, that while | remain in NY present po
sition l Shall not attempt to retract or mOdi-
fly the emancipation proclamation nor shall
return TO slavery any person who is free by
the terms Of the proclamation or by any Act
Of Congress- For these and other reasons
it is thought best that the support Of these
persons snail be included in the oath, and it
is believed the Executive may lawfully claim
it in return for pardon aud restoration Of pO-
litical rights, which he has a clear constitu
tional power to withhold altogether, or grant
upon the terms which he shall deem Wisest
for the public interest. 1t should be observed
Also that this part Of the oath is subject to
the modifying and abrogating powor of leg
lslatlon and supreme judicial jurisdiction m
The proposed acquiescence Of the National
Executive IN any honorable temporary State
arrangement for the freed people is made
with the view Of possibly modifying the con
fusion and destitution which must at least
attend all classes by total revolution of la
Dor throughout whole States, and it is hoped
the already deeply afflicted people in these
States may be somewhat more ready to give
up the cause OF their afElction, and to this
extent this vital matter is left to themselves
while no power Of the National Executive to
prevent an abuse is abridged by the PROPOSE
ton. The suggestion in the proclamation
as to maintaining the political frameworks Of
the States, or what is called reconstruction,
is u ade IN the hope that it may do good,
without the danger Of harm. 1t viii save
labor and avoid great confusion But why
any proclamation now upon this subject p
This question is beset with the conflicting
views that the step might be delayed too
long, or be taken too soon. Some elements
for resumption seem ready for action but
remain inactive apparently for want of a
rallying point, or plan Of action Why
shall A adopt the plan of B rather than B
that Of A If A and B should agree how
can they know but the General Government
here will reject their plan? BY the procla-
nation plan is presented which may. be
accepted by them as rallging point, and
which they are assured in advance will not
be rejected here. This may bring them to
act sooner than they otherwise would The
objection to premature presentation Of
plan by the National Executive consists in
the danger Of commitment on point which
could be more safely left to further develop
ments. Care has been taken to so shape
the document as to avoid embarrassment from
this scource. In saying that on certain
terms certain classes will be pardoned with
their rights restored, it is not said that other
classes, on other terms will ever be included.
In saying reconstruction will be accepted
if presented in a specific way, it is not said