Year: 1865

]
inquiry, that the Circuit Court Of the
United States would not be held within
the District of Virginia during the autumn
or early winter nor until Congress should
have "an opportunity TO consider and
act on the whole subject" To your de-
liberatiOnS the restoration of this branch
of the civil authority of the United States
is therefore necessarily referred, with the
hope that early provision will be made
for the resumption of all its functions. 1t
is manifest that treason, most fagrant in
its character, has been committed. Per-
sons who are charged with its commission
should have fair and impartial trials in
the highest civil tribunals of the country
in order that the Constitution and the
lava may bc fully vin,lcated; the truth
clearly established and affirmed that trea-
son is IA crime, that traitors should be
punished and the offence made infamous
and. at the same tilne that the question
may be iudicially settled. finally and for
ever, that no State Of its own will has
the right TO renounce its place in the
Union.


THE FREEDMEN AND SUFFRAGE.


The relations of the general Govern
ment towards the four millions of inhab-
itants whom the war has called into free
dom, have engaged my most serious con-
sideration. On the propriety of attempt
ing to ma Ike the freedmen electors by the
proclamation of the Executive, | took for
my counsel the Constitution itself the IN
terpretations of that instrument by its
authors and their contemporaries, and re-
cent legislation by Congress When, at
the first movement towards independence,
the Congress of the United States in
structed the several States TO institute
governments of their own, they left each
State to decide for itself the conditions for
the enjoyment of the elective fran
chsc. During the period of the con-
iederacy there continued to exist
very great diversity in the qualifca-
tions of electors in the several States
and even within State distinction of
qualifications prevailed with regard to
the officers who were to he chosen. The
Constitution of the United States recog-
nizes these dversites when it enions that
in the choice of members of the House
of Representatives of the United States.
''the electors in each State shall have the
qualifications requisite for electors of the
most numerous branch of the State Leg
islature." After the formation of the
Constitution, it remained, as before, the
uniform usage Of each State to enlarge
the body of its electors, according to its
own judgments and, under this system,
one State after another has proceeded to
increase the number of its electors, until
now, universal suffrage or something very
near it, is the general rule. SO fixed was
this reservation ofpower in the habits of
the people, and so unquestioned has been
the Interpretation of the Constitution, that
during the civil war the late President
never harbored the purpose-certainly
never avowed the purpose-of disregard
ing it; and in the acts of Congress,
during that period, nothing can be found,
which, during the continuance of hostl-
tiles, much less after their close, would
have sanctioned any departure by the
Executive from a policy which, has so
uniformly obtained. Moreover. Il conces-
sion of the elective franchise to the freed
men, by act of the President ofthe United
States, must have been extended TO all
colored men, wherever found, 60 must
have established a change of suffrage in
the Northern, Middle and Western States,
not less than in the Southern and South
western. Such an act would have rre-
ated new class of voters, and would
have been AN assumption of power by the
President which nothing in the Constitu-
tion or laws Of the United States would
have warranted.


QUESTION FOR THE STATES


4 On the other hand every danger is
avoided when the settlement of the cues
tion is referred to the several States. -
They can, each for itself, decide on the
measure, and whether it is TO be adopted
absolutely and at once, or introduced
gradually and with conditions. in nv
judgement, the freedmen, if they show
patience and manly virtues will sooner
obtain the elective franchise through the
States than through the General Govern
ment, ever if it had power to intervene.
When the tumult of emotions that have
been raised by the suddenness of the So
cial change shall have subsided, it may
prove that they will receive the kindliest
usage from some of those on whom they
have heretofore most closely depended


SECURITY FOR THE FREEDMEN.


But while have no doubt that now,
after the close of the war, it is not com
petent for the General Government to
extend the elective franchise in the sew
eral States, It is equally clear that good
faith requires the security of the freedom
in their liberty and their property, their
right 10 labor, and their right TO claim
the just return of their labor. l cannot
too strongly urge dlspassionate treat
ment of this subject which should care
fully he kept aloof from all party strife.
We must equally avoid hasty assumption
of any natural impossibiity for the two
races to live sde by side, in a state Of
mutual benefit and good will. The ex-
pertinent involves us in no Inconsistency ;
let us then, 60 on, and make that expert
ment in good faith, and not be too easily
dishearlened. The country is in need OF
labor, and the freedmen are in need of