Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1865-12-12

ON-oSS lIl0llNC m
invitation to those States, by renewipo tbe;r
allegiance to the United States. to resnH,a
their functions as States of the Union R,,,
1t is risk that must be taken; In the choice
OF difficulties, it is the smallest risk: and ~
diminish, and, if possible, to remove all dan
ger, have felt it incumbent on me to assert
one other power of the General Government
the power of pardon. AS no State can
throw defence over the crime of treason
the power Of pardon is exclusively vested in
the Executive Government of the Unite3
States. In exercising that power. have
taken every precautiOn to connect it with the
elearest recognition of the binding force Of
the laws of the United States, and. an nm
qualified acknowledgment of the great socinl
change of condition in regard to slavery
which has grown out of the war.
The next step which have taken to re-
store the constitutional relations of the States
has been an invitation to them to participate
IN the high Office of amending the Consti;u-
ton. Every patriot must wish for general
amnesty at the earliest epoch consistent with
public safety. For this great end there is
need OF a concurrence ofall opinions, and the
spirit OF mutual Cancellation. All parties in
the late terrible conflict must work together
IN harmony. 1t is not too much to ask, in
the name OF the whole people, that, on the
one side. the plan of restoration shall pro-
ceed in conformity with willingness to cast
the disorders Of the past into oblivion: and
that, on the other, the evidence of sincerity
IN the future maintenance ofthe Union shall
be put beyond any doubt by the ratification
OF the proposed amendment to the Consti.u-
ton, which provides for the abolition of
slavery forever within the limits of our
country. So long as the adoption of this
amendment is delayed, so long will doubt
and Jealousy and uncertainty prevail. This
is the measure which will efface the sad
memory Of the past; this is the measure which
will most certainly call population and capi-
tai, and security to those parts of the Union
that need them most. Indeed, it is not too
much to ask Of the States which are now re-
suming their PLACES in the family of the Union
to give this pledge Of perpetual LOYALTY and
peace. Until it is done the past however
much we may desire it, will not be forgotten
The adoption of the amendment rcunites us
beyond all power of disruption. 1t heals the
wound that is still impertectly closed: it re-
moves slavery, the element which has 30 long
perPlexed and divided the country; it makes
OF us once more a united people, renewed and
strengthened, bound more than ever to mn.
tual anectlOn aud support.
The amendment to the Constitution beinn
adopted, it would remain for the States. whose
powers have been SO long in abeyauce.' to re-
sumo their places in the two branches of the
National Legislature, and thereby complete
!. thsaworS Y OF <resterstiol hsre tits for you,
1eiiow-clt;zens OF the Senate, and for YOU,
feltow>cIt'zens of the House of Represents
tves, to judge, each of you for y Durszlvcs. of
the elections, returns and qualifications of
your own members
The full assertion of the powers of the
General Government requires the holdino Of
Circuit Courts of the United Stptes within
the districts where their authority has been
interrupted. In the present posture of orr /
public affairs, strong objections have been
urged to holding those courts in anv of the
States where the rebellion has existed and
it was ascertained, by inquiry, that the Cir
cult Court Of the United States would not
be held within the District of Virginia du.
rIng the autumn or early winter. nor until
Congress should have San opportunity to con-
sider and act on the whole subject" Tuyour
deiib ratiOns the restoration Of this branch Of
the civil authority of the United States is
therefore necessarily referred, with the hone
that early provision will be made Tor the re-
sumption Of all its functions.
1t IS manifest that treason, most fa0ront
In character, has been committed Persons
who are charged with its commission should
have fair and impartial Lrials in the hiphes,
civil tribunals OF the country, in order that
the Constitution and the laws may be fuIlv
the truth clearly established and
attlrmed that treason is crime, that traitors
should be punished and the offence made in
famous; and, at the same time, tn. the
question may be judicialIy settled, finally and
forever, that no State of its own will has the
right to Tenouncc its place in the Union.
The relations of the General Government
towards the tour millions OF inhabitants whom
the war has called into freedom. have en-
gagged my most serious consideration. On
the prOpIiety OF attempting to make the
freedmen electors by the proclamation of the
Executive, L took for my counsel the Con-
stltutlon itself, the Interpretation of that in
strument by its authors and their contemDo-
rarIes, and recent Legislation by Congress-
When, at the first movement towards inde-
Peudence, the Congress of the United States
instructed the several States to institute GOV
ernments Of their own, they left each State
to decide for itself the conditions for the en-
Joyment Of the elective franchise. Durino
the period of the COnfederdcy. there con-
tInued to exist very great diversity in the
qualifications Of electors in the several States:
ana even within State distinction of quail
lhcatlons prevailed with regard to theoficers
who were to be chosen
The Constitution of the United States re.
cognlzes these diversities when it enioins
that, In the choice of members of the House
OF Representatives of the United States. ..the
electors in each State shall have the qualif-
cations requisite for electors of the most nu-
merouS branch of the State Legislature.
Alter the formation of the Constitution. it
remained, as before, the uniform usage for
each State to enlarge the body of its electors,
according to its own judgment; and, under
TINS system, one State after another has pro-
ceded to increase the number of its electors.
until now universal snffrnne or snn,e.h;n..