Year: 1863

:ss Rsesisn.s'ai.' ssopysf shisl sh8ssk
| On examination, Of this proclamation i win


sppear, as is believed, that nothing il attempsed
beyond what is amply justified by the ccnstitu-,
jtion. True, the form Of an oath is given. bur


no man is coerced to take II. The man is onIv
promised pardon in case hc VOLUNTARILY takes
the OATH


| The constitution authorizes tfe Executive


I to grant or withhold the pardon at his own ab-


soiute discretion, and this includes the power to


grant on TERMS as Is fully established by judicial


and other authorities.


1t is also proffered, that If in any Of tho


States named State government snail be in the


msde prescribed set up, such goverIment shall


be recognized and guaranteed by the United


States, and that under it the State shall, on the


constitutional conditions, be protected against
Invasion and domestic violence.


The constitutional obligation of the United


States to guarantee toevcry State in tse Union


arepabliean form of government, and to pro-


tect the State in the cases stated, is explicit and
full. But why tender the benefits of this pro-


vision only to a State government set up in a
particular way?


| This section of the Constitution contemplates
a case wherein The clement within a State favor-
able to republican government and the Union
may be too feeble for an opposite and hostile
element, external to OF even within the State;
and such are precisely the cases with which we
are now dealing.


An attempt to guaranty and protect reviv-
ed State government, constructed in whole or
in preponderating part from the very element
against whose hostties and violence it is to be
protected, is simply absurd. There must be q
test by which to seperate the opposing elements,
so as TO build only from the sound; and that
test is sufficiently liberal one which accepts as
of his former unsoundness. iai sils
But if it be proper to require as 9 test Of
admission to the political body an oath of alle-
glance to the constitution of the United States
and to the Union Under it, why not also to the
laws and proclamations in regard to slavery ?d
Those laws and proclamations were enacted
and put forth for the purpose of aiding in tho
suppression of the rebellion. To give them the
fullest effect there had to be pledge for their
maintenance. Fl, my judgment they have aid
ed. and will further aid the cause ior which they
were intended. 70 now abandon them would
be not only to relinquish lever of power, but
would also be a cruel and an astounding breach
of faith. l may add at this point, that while
remain in my present position, shall not at
tempt TO retraet or modify the emancipation
proclamation, nor shall return to slavery any
person who is free by the terms of that procla-
nation, or by any of the acts of Congress. ~
For these and other reasons it is thought best
that support of these measures shall be includ-
ed in the oath; and it is believed the Executive
may lawfully CLAIM, il in return for pardon and
restoration of forfeited rights which he has clear
constitutional power to withhold altogether, or
grant upon the terms which lie shall deem wisest
for the public interest. II, should be observed
also that this part Of the oath is subject to the
modifying and abrogating power of legislation
and supreme judicial decision. i roia4ap


The proposed acquiescence Of the National
Executive in any reasonable temporary State
arrangement for the freed people is made with
the view Of possibly modifying the confusion
a.,l destituiion which must at the best attend
all classes by total revolution of labor through<
out whole States. n.f7a1at"
1t is hoped that the already deeply afflicted
people in those States may be somewhat more
ready TO give up the cause Of their affliction if
to this extent this vital matter be left to them
selves, while no power of the national Execu-
tive to prevent an abuse is abridged by the pro-
position. 9as er,i yas


The suggestion in the proclamation as to
maintaining tho political frame work Of tho
States, on what is called reconstruction, is made
in the hope that it may do good. without danger
or harm. 1t will save labor and avoid great
confusion. But why any proclamation now
upon this subject? This question is beset with
the conflicting views that the step might be de-
layed too long, or be taken too soon In some
States the elements for resumption seem ready
for action, but remain inactive, apparently for
the want of rallyIng point---a plan Of action.


Why shall A adopt the plan of Brather than
j that of A.; and If A and b should agree,
how can they know but that the general gov,
ernment here will reject their plan? BY the
proclamation a plan is presented which may be
accepted by them as ralyng point, and which
they arc assured in advance viii not be rejected
here. This may bring them to act sooner than
they otherwise would. rr-t.+


The objections to a premature presentation of
plan by the national Executive consist in the
danger of committals on points which could be
moro safely left to further Developments. Care
has been taken to SO shape the document as to
avoid embarrassments from this source Say
ing that on certain terms, certain classes will be
pardoned, with rights restored, 1t is not said
that other classes or other terms will never he
included. d.--Saying that reconstruction will be
accepted if presented in specific way, it is not
said it will never bo accepted in any other way.


The movements, by State action, for eman-
cipation in several of the States not includedin
the emancipation proclamation, are matters Of
profound graduation. a n m "a sr5s,


And while do not repeat in detail what
have heretofore so earnestly urged upon this
subject, my general views and feelings remain
unchanged, and + trust that Congress viii omit