Year: 1867

in the several States, and to secure their per-
petual existence against both domestic and
foreign violence. The theory and principles
OF the government of the United States will
not permit the permanent loss of Il single
State. 1t could not be submitted to except
from overpowering necessity.


But this duty to guarantee to every State
in the Union q republican form Of govern
ment," does not devolve on the President
alone, but is matter to be provided for by
Congress, (subicct, of course to his veto,) and
to be executed by him as any other act of
legislation. The constitutional governments
of the insurgent States having been destroyed
by violence and there being no law or pre-
cedent under which they could, themselves,
proceed to re-establish those governments,
the emergency contemplated in the constitu-
ton was presented, and it became the duty
of Congress to provide for it by necessary
legislation. The proceedings of the President
in setting up provisional establishments to
preserve peace and order temporarily, until
Congress could act, were in strict accordance
with his duty as head OF a conquering army.
But his further proceedings in regard to es-
tablishing permanent governments, however
we'll meant, could have no validity until
sanctioned by the law making power. They
might have been, and were doubtless intend
cd to be of convenience and assistance to
Congress in the discharge Of its constitutional
obligations to the diserganizcd States, if that
body had deemed it consistent with the pub
lie safety to have sanctioned those proceed
ings and declared those establishments valid
by the authority OF law. But in war and in
times of great public danger, the safety of
the commonwealth is paramount to all other
considerations. The constitution requires
the concurrence Of the legislative and cXecu-
tive branches of the government in the pas
sage of every law, unless the veto OF the
President can be overcome by the requisite
majority. If by disagreement between the
two branches delay occurs it is in contem-
plation Of the provision requiring concur
renee and cannot be justly CO mplaiHed OF.


The President proceeded upon the right
assumption. He declared the States to be
still in the Union, but that their legal gov
ernments had been destroyed. Under this
assumption the question OF the execution or
disfanchiscment Of the guilty was left open
and might be rcsorted 10 at once, or held
dependent upon future developments. But
he cut of the resort to general executions, by
a proclamation of limited amnesty, to which
he added. from time to time, many special
partlOns Still holding the population un-
der the restraints Of martial law, and acting
under his power as cOmmandcr-ln-chief OF
the conquering army, he ordered initiatory
steps to be taken to rc-cstablish civil author
ity. In this proceeding lie resorted to dis
franchisement to very limited extent, bo
ping by such display of magnanimity to in
spire the insureent citizens with Il feeling of
gratitude, and by thus bringing them back
to sense of reason and duty, to avoid the
necessity OF severer measures. This proceed
ing was experimental only, and served to
test the temper and purposes of those who
had been so lately in rebellion. The whole
was forced on the insUrgent States bymilitary
power and at the point of the hayonct. Ii
was at variance with all republican forms.
and could therefore have no validity, except
under the supervisory sanction of the civil
authority. Congress was, perhaps, more
properly the authority to have commenced
those proceedings in the beginning. But, it
could by its sanction, possibly have waived
the informally, and confirmed them at any
time 1t had the same power to set them
aside and commence anew, at any time. 1t
was a question OF policy only. And that
policy was dependent on the success of the
Presidents humane effort to subdue the re-
bcllious spirit of the insurgent citizens by
magnanimity and kindness, and thus avoid
q resort to the more stringent measures Of
personal punishment and disfrancIiiSemcnt.
congress UpCitlCtt W dNdiI luC IcNtlll DSlUlc
confirming the Presidents proceedings, and
threw itself upon the nation in the fall cleo
tions of 1866. We all know the result
They are satisfied that the Presidents ex-
pertinent is IL failure, and that the peace and
safety of the republic require severer meas
ures. And we are obliged to admit that this
conclusion has been reached with so much
show of reason, and in consequence of a
course of conduct on the part of the leaders
of the rebellion bordering upon actual mad
ness But it may be a principle of human
nature that men too full of evil lose the
common prudence of temporary conceal
ment. Or is it that Providence has again in
terposed in behalf of the republic, by inspi-
ring them with the restless audacity to dis
play their designs before it came too late to
defeat them


After having spread desolation and ruin
around them, led their feliow-citizcnS to sub
iugation and become themselves abiect sup
plants upon the mercy OF the conqueror, it
was reasonable to suppose that the instiga-
tors and leaders of the rebellion would not
stand in the way Of IL settlement of our
troubles, but would leave to Others, less
guilty and obnoxious, the delicate task Of
restoring the State to its former relations
in the Union. This course on their part
seemed to be plainly dictated by common
regard to propriety and self-rcspect, to- say
nothing of public policy. All knew that
there had been aroused in the Northern
mind want of confidence, at least, in those
who had put in imminent jeopardy the life
of the ration, and who had just been sub
dued at such immense expenditure of blood
and treasure. It was much to expect that
mercy would be so far regarded as to spare
their lives and estates. But it was absurd
to hope that power in the government would
be Immediately permitted to 60 into their
hands, and the most guilty leaders restored
to the position. the influence of which they
had so recently turned to such disastrous
use. That such would be permitted was
clearly forbidden by common prudence by
a regard for the national safety and de-
cent respect for the calamties and outraged
feelings of the loyal masses. The base as
sassinatiou of President Lincoln, growing
out of the rebellion, if not instigated by
some of its leaders, had impressed the pub
lie mind deeply with the reckless desper-
alton and wickeClness that had been cngen-
dered by the dispersion of the rebel ar
mics. The successor OF President Lincoln
had often, in the most emphatic, forcble