Slavery was dead. This was already admitted in the South as well as in the North. Had the Confederacy, by some miracle, achieved its independence during the last year of the war, it is extremely unlikely that Slavery would have endured within its borders. This was the publicly expressed opinion of Jefferson Davis even before the adoption of Lee's policy of recruiting slaves and liberating them on enlistment had completed the work which the Emancipation Proclamation of Lincoln had begun. Before the war was over, Missouri, where the Slavery problem was a comparatively small affair, and Maryland, which had always had a good record for humanity and justice in the treatment of its slave population, had declared themselves Free States. The new Governments organized under Lincoln's superintendence in the conquered parts of the Confederacy had followed suit. It was a comparatively easy matter to carry the celebrated Thirteenth Amendment to the Constitution declaring Slavery illegal throughout the Union.

But, as no one knew better than the President, the abolition of Slavery was a very different thing from the solution of the Negro problem. Six years before his election he had used of the problem of Slavery in the South these remarkable words: "I surely will not blame them (the Southerners) for not doing what I should not know how to do myself. If all earthly power was given I should not know what to do as to the existing institution." The words now came back upon him with an awful weight which he fully appreciated. All earthly power was given—direct personal power to a degree perhaps unparalleled in history—and he had to find out what to do.

His own belief appears always to have been that the only permanent solution of the problem was Jefferson's. He did not believe that black and white races would permanently live side by side on a footing of equality, and he loathed with all the loathing of a Kentuckian the thought of racial amalgamation. In his proposal to the Border States he had suggested repatriation in Africa, and he now began to develop a similar project on a larger scale.

But the urgent problem of the reconstruction of the Union could not wait for the completion of so immense a task. The seceding States must be got into their proper relation with the Federal Government as quickly as possible, and Lincoln had clear ideas as to how this should be done. The reconstructed Government of Louisiana which he organized was a working model of what he proposed to do throughout the South. All citizens of the State who were prepared to take the oath of allegiance to the Federal Government were to be invited to elect a convention and frame a constitution. They were required to annul the ordinances of Secession, to ratify the Thirteenth Amendment, and to repudiate the Confederate Debt. The Executive would then recognize the State as already restored to its proper place within the Union, with the full rights of internal self-government which the Constitution guaranteed. The freedmen were of course not citizens, and could, as such, take no part in these proceedings; but Lincoln recommended, without attempting to dictate, that the franchise should be extended to "the very intelligent and those who have fought for us during the war."

Such was Lincoln's policy of reconstruction. He was anxious to get as much as possible of that policy in working order before Congress should meet. His foresight was justified, for as soon as Congress met the policy was challenged by the Radical wing of the Republican Party, whose spokesman was Senator Sumner of Massachusetts.

Charles Sumner has already been mentioned in these pages. The time has come when something like a portrait of him must be attempted. He was of a type which exists in all countries, but for which America has found the exact and irreplaceable name. He was a "high-brow." The phrase hardly needs explanation; it corresponds somewhat to what the French mean by intellectuel, but with an additional touch of moral priggishness which exactly suits Sumner. It does not, of course, imply that a man can think. Sumner was conspicuous even among politicians for his ineptitude in this respect. But it implies a pose of superiority both as regards culture and as regards what a man of that kind calls "idealism" which makes such an one peculiarly offensive to his fellow-men. "The Senator so conducts himself," said Fessenden, a Republican, and to a great extent an ally, "that he has no friends." He had a peculiar command of the language of insult and vituperation that was all the more infuriating because obviously the product not of sudden temper, but of careful and scholarly preparation. In all matters requiring practical action he was handicapped by an incapacity for understanding men; in matters requiring mental lucidity by an incapacity for following a line of consecutive thought.

The thesis of which Sumner appeared as the champion was about as silly as ever a thesis could be. It was that the United States were bound by the doctrine set out in the Declaration of Independence to extend the Franchise indiscriminately to the Negroes.

Had Sumner had any sense it might have occurred to him that the author of the Declaration of Independence might be presumed to have some knowledge of its meaning and content. Did Thomas Jefferson think that his doctrines involved Negro Suffrage? So far from desiring that Negroes should vote with white men, he did not believe that they could even live in the same free community. Yet since Sumner's absurd fallacy has a certain historical importance through the influence it exerted on Northern opinion, it may be well to point out where it lay.

The Declaration of Independence lays down three general principles fundamental to Democracy. One is that all men are equal in respect of their natural rights. The second is that the safeguarding of men's natural rights is the object of government. The third that the basis of government is contractual—its "just powers" being derived from the consent of the governed to an implied contract.

The application of the first of these principles to the Negro is plain enough. Whatever else he was, the Negro was a man, and, as such, had an equal title with other men to life, liberty, and the pursuit of happiness. But neither Jefferson nor any other sane thinker ever included the electoral suffrage among the natural rights of men. Voting is part of the machinery of government in particular States. It is, in such communities, an acquired right depending according to the philosophy of the Declaration of Independence on an implied contract.