The sun. [volume] (New York [N.Y.]) 1833-1916, 1901-12-15

civilization WA working for much more
advanced results than the Republicans
themselves consciously intended. "The
immediate abolition OF slavery IN the Com
monwealths and the thorough nationali-
zation OF our political system were consum-
nations far beyond their hopes. Their
hearts had TO be fired TO these results by
the madness OF the seoessionists, who, upon
the basis of their State sovereignty theory.
sought to destroy the Union for the sake OF
perpetuating and extending the institu-
ton Of African slavery. Not until then
did the Republicans see that both slavery
and State sovereignty must go. and in
their places universal freedom and national
sovereignty must be enthroned.'
v.
Prof. Burgess defends Iincoln's Enamel
patton Proclamation considered as q war
measure. He holds that the ethics of war
justified the President purpose to deprive
the C~onfederates of the support OF slave
labor In their rebellion against tho Federal
Government and the Union. He considers.
further. that the fact that no slave insur-
rection n no massacre Of whites by blacks
resulted from the measure is sufficient proof
haht'N 'eShs WIN NV hi' iAN
results Of tho proclamation. and were not
supposed to be such either by the President
or by his advisers. 1t is conceded, how
ever. that from the point Of view Of ex-
listing law the President had no authority
TO fix the permanent status Of the negro
who might be Professionally freed from
slavery as the result of the enforcement
OF Lincoln's proclamation. "The military
dictatorship OF the President is temporary,
and the powers exercised by virtue OF it
are limited by the period Of the necessity
which calls them into play. The freedom
acquired by the slave In consequence OF the
Presidents act could continue legally,
after the suspension of the war powers,
only by means Of some Constitutional pro-
vision OF OF some legislative act warranted
by Constitutional provision. The war
powers of the President justified his act as
a temporary measure, but they did not,
and do not. authorize the President to fix
the permanent civil or political tat of
anybody
Our author thinks that the conflict Of
sentiment and opinion between the Repub-
leans and the Democrats at the North,
provoked by the Emancipation Proclama-
ton. influenced the President in some de-
gree in his view Of the fitness Of Democratic
Generals TO prosecute the war against
slavery. 1t Il well known that on Nov. Z,
1862, Mcclellan was suddenly ordered TO
turn the command of his army over TO
Gen. Burnside and to report at Trenton,
n. j.. what Mcclellan would have done
in the next few days, if no had been left
in command. can, of course, never be known,
Wbafbar n ,rtabipa victnry ,yar tho Can
federates. ending at once the rebellion
before slavery was destroyed, was wanted
by all Of those who composed the Washing
ton Government may well be suspected.
And it is very nearly certain that there
were some who would have preferred de-
feat to such a victory with Mcclellan in
command Prof. Burgess regards this
question as "a dark, mysterious. uncanny
thing. which the historian does not need
10 touch, and prefers not 10 touch
VI.
In the chapter Of the second volume
which bears the caption Interpretation
OF the Constitution the author examines
the circumstances under which West Vir-
ginia was admitted into the Union as a
State. We are reminded that the Consti-
tuition of the United States permits tho
erection of a new Commonwealth within
the jurisdiction Of an existing Common
wealth NTH the consent OF Congress and Of
the Legislature OF the eristng Commonwealth.
Formally the letter of the Constitution
was fulfilled in the case of West Virginia.
The establishment Of West Virginia upon
the footing Of n State in the Union pro-
ceeded ostensibly upon the basis, first
Of a petition for admission into the Union
10y a convention of the people Of those
counties of old Virginia wishing 10 form
a new Commonwealth; secondly. of the
consent Of tho pretended Legislature Of
old Virginia sitting AZ Alexandria and
recognized by the United States Govern
ment as the legitimate Legislature of Viz
ginia and. thirdly, of the consent Of Con-
grees. Although, however. the legal forms
wero all observed, our author recognizes
that. when the real facts are inspected. tho
forms appear rather hollow.
The sO-called Legislature ~ Virginia NJ
Alexandria represented chiefly the very
part % the Old Commonwealth Which was
seeking to become "a new and paratc
Commonwealth. That j. 10 say. two Of
the nominal parties &" the ~tripariito agree
meut required by IA" Constitution were,
virtually, the sam" party, 60 Wit lh"
peOple q the fuTty-righf western cIuutt-
~ Virginia Prof burgess thinks that
II was a pity that th" Legislature - Alor-
HndTia WAS consulted ~ HIl lie maintains
that Congress had "a I%.fioct night, by and
With the cDoISratlun - tie m-luTlty ~
the J-suIlr resident within a par e u Com
m~onwcalth. the eeCD-rl.u n Which 70 m
the futon had b-u declared 'p drt.,h
hat part frum ~" "a -t"mWHrw'arh
and establish u as H urw t-uinuHuN'allY
~MITH a t"uUuuIRfuII Ha