Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-02-02

cfNl prOtectlOn OF cuch ana hll VIII
be commensurate with tho common
interest.
1t is now proposed, as the means
Of protecting Southern loyalists," ="
Northern men, and negroes, and of
reforming State governments gene
rally in the South, to set aside the
State governments now existing,
and, either directly or through Ter
rit orial governments, to erect new
State governments, based upon the
suffrage Of tho Southern loyalists
and negroes, and upon the disfran'
chisement and disqualifications from
office Of all those who adhered to
and aided in the rebellion, except.
ing those only who may be relieved
from such disability by Congress.
This plan is understood to be pro-
posed by somc of the Southern 10y
alists themselves, and advocated by
prominent members of Congress.
1t presents an entirely new fea.
ture in our affairs, that rises above
the mere exclusion of our represen.
tatives from Congress. 1t takes for
granted that the whole question of
war and peace is still open. That
depends upon stubborn facts in the
past, and no construction can now
alter them, or wrap the legitimate
deductions from them. What are
they2 The Government of the
United States took measures to pre-.
vent the withdrawal of the South
ern States, and by the proclamations
of the President, and by the reso.
lutions of both Houses Of Congress,
and by diplomatic correspondence
with other powers, defined and an.
nounced its objects in carrying on
the war to be for the preservation
of the Union, "with all the dignity,
equality and rights Of the States
unimpaired," and not in "any spirit
of oppression, nor for any purpose
of conquest or subjugation." Such
an object, so declared, raised up
hosts to fight tho battles of the I'm
ion, and stayed the hand of foreign
powers. To carry it out, Congress
afterwards authorized the President
to extend an amnesty and pardon.
All of the authoritative acts Of
the General Government during the
whole war, it is believed, spoke the
same language and under and by
that policy the war was brought to
q successful close. 1t was on tho
ground, and that only, that the right
was claimed to prosecute the war at
all.
It was on that ground that the
Confederate Government would ncv-
cr be recognized, and, therefore, no
treaty was made with it at the sur
render.
The manifest intention with
which an act is done, in law and
reason, forms part of the act it.
self, and gives character to it.
Considering the object of the war
as here shown, and as made known
to the world, and acted upon
throughout, the surrender Of the
Southern armies, and the subse
quent acts of the people and States
of the South, in response to the
proclamations and orders of the
President, constitutes in effect q
pacifcatisn upon terms as binding
upon the good faith OF the Govern
ment of the United States, and up
on the Southern people, as though
they had been stipulated in treaty.
This proposition rests upon the
basis that the President had the
power to use the means which he
did, and that the people of the
Southern States have, in good faith,
complied with what was required or
expected of them.
The soldiers Of tho Southern AZ
my surrendered under the obliga-
tion to repair to their homes and
obey the laws of the country. I'm
der law of Congress, giving the
President the power, under such
terms and conditions as might meet
his appreciation, he issued his proc
lamation rendering to the mass of
the people amnesty and pardon, up
on their taking an oath in effect
surrendering the issues of the war
secession and slavery. After
wards, through his proclamations,
the President instituted provisional
governments, for the purpose Of en-
abling the people oc the States who
had taken the oath to reform their
State governments and resume their
Federal relations as States of the
Union.
Through this instyumentality and
for such purposes, Mat being tho
consideration in part inducing them,
the people Of Texas responded to
the call for convention, and did in
convention by delegates assembled
mako a political surrender of the
questions at issue in the war, and
their incidents, as previously stated
herein, thereby binding not only
those who had been bound by the
amnesty oath, but every one in the
State, with their posterity after
them. Is it to be held as nothing
that a people who had espoused
cherished principles of government,
and had attested their sincerity .du-
ring a struggle in camp and field of
four years, should, by affirmative ae-
ton, surrender them under the So
lemnity Of oaths and constitutions,
and thereby deprive themselves Of
the privilege, in conscience and
right, TO revive them should an op-
portunity in future present itselfl-
They did It in good faith, and did it
not for the mere love Of the thing
itself, but upon an obvious conside-
ration-to be enabled thereby TO re-
adjust their State government, and
10 restore their Federal relations in