He desires to preserve the Government, that it may be administered for all, as it was administered by the men who made it. Loyal citizens everywhere have the right to claim this of their Government, and the Government has no right to withhold or neglect it. It is not perceived that, in giving it, there is any coercion, any conquest, or any subjugation, in any just sense of those terms.[[283]]
The first paragraph quoted expresses his perfect confidence in a successful conclusion of the war, and in this respect suggests the faith of Charles Sumner, in whose private correspondence the same thought constantly occurs. In his message the President observed also that Virginia had allowed “this giant insurrection to make its nest within her borders; and this Government has no choice left but to deal with it where it finds it. And it has the less regret, as the loyal citizens have, in due form, claimed its protection. Those loyal citizens this Government is bound to recognize, and protect, as being Virginia.”[[284]]
As early as June, 1861, Mr. Lincoln, on application of Governor Pierpont, recognized the restored State of Virginia by promising assistance to repel invasion and to suppress domestic violence; his example was followed by both Houses of Congress: first, in the prompt admission of Senators and Representatives from that Commonwealth, and long afterward, when there was ample time for reflection, by consenting to admit the new State of West Virginia, to whose separate and independent existence the reorganized Legislature had formally assented. The recognition of Pierpont’s government, however, involved on the constitutional question little difference of opinion between the President and Congress. Thus far the political departments, if not in complete harmony, were at any rate not in conflict. This act, though it marked no distinct Executive policy, was the occasion of some discordant notes which will be referred to in their proper relation.
It may not be unnecessary to observe that underlying the early policy of the President was a conviction that the rebellion was effected by a small but treasonable faction; indeed, in the message of July 4 he expressed his belief that, with the probable exception of South Carolina, the disloyal were in a minority in all the seceding States. The great mass of Southern people, it was assumed, opposed disunion, and with Federal assistance would soon right themselves. Peaceful citizens of that section, being regarded as still under protection of the Constitution, were, therefore, not to be molested. The conflict waged by the General Government was a personal war against insurgents. Leaders who encouraged sedition and committed acts of hostility against the United States could be tried precisely as in a consolidated state like Great Britain, and upon conviction punished for their treason. This attitude was not only wise, but had the additional merit of greatly simplifying the method of restoration. It asserted further that the rebellious States were still in the Union, and under the existing compact could not lawfully withdraw from it; being in the Union, they were entitled to all the rights accorded to other members of the confederation. In brief, its essential idea was the indestructibility of a State, and it denied that the integrity of the national domain had been impaired or the number of States diminished by the ordinances of secession. The General Government could properly aid the people of a State to express their will, but, beyond what was demanded by the exigencies of the war, could not legally exercise those powers constitutionally reserved to the States. By the treasonable act of levying war against the Republic the rights and franchises incident to United States citizenship were forfeited. The power of Congress extended no further than to a guaranty of preëxisting republican forms of government.
To the correctness of these principles Democrats and Republicans alike gave almost universal assent. But the war was increasing in magnitude, and the measures adequate to the suppression of a gigantic rebellion proved to be very different from those adapted to a local insurrection. The President’s original intention was to overcome armed resistance to Federal power and as speedily as possible restore the States to their former relations. This task, however, was more easily conceived than accomplished, and in the terrible conflict that ensued political parties as well as individual statesmen were swept onward from point to point to very different resting-places. From this condition resulted the great number of theories of reconstruction presented before the end of the rebellion.
The President early in the war adopted principles that found little favor with conservative Democrats. His readiness to recognize the restored State of Virginia was equivalent to a declaration that if a majority of the people in one of the seceded States voluntarily transferred their obedience and support to a hostile power the loyal minority constituted the State and should govern it. In this connection will be remembered the objections of Bayard and Saulsbury to receiving Senators Willey and Carlile from the reorganized government of Virginia. A further advance is indicated by Mr. Lincoln’s appointment, early in 1862, of military governors for those States that had been brought partly within Federal military lines. After the proclamation of September 22, 1862, and that of January 1 succeeding, the question of restoration was left permanently out of view. If the erring States were ever to resume their places they must first recognize the anti-slavery legislation summarized in the preceding chapter. Hitherto the paramount consideration with the President was a speedy restoration of former relations; thenceforth “the Union as it was” became impossible, because slaves liberated in the progress of the war could never be returned to a condition of servitude. The introduction of this element greatly increased the difficulties of a problem already sufficiently intricate. But neither this nor any other consequence of his proclamation appears to have been overlooked by the Executive.
The message of December 8, 1863, together with the accompanying proclamation sketched in outline the only plan which Mr. Lincoln ever published on the subject of reconstruction, and even to this mode of reinstatement he did not require exact conformity, recognizing that its modification might be demanded by inherent differences in situation among the returning States. By its terms all persons participated in the rebellion, except certain described classes, were promised amnesty with restoration of property (excluding slaves and those cases of property in which rights of third parties intervened) upon taking an oath which pledged support of the Constitution and the Union; of the slavery legislation enacted during the war (unless such acts were repealed by Congress, or were modified or annulled by the Supreme Court), and adherence to all Executive proclamations on that subject so long and so far as not modified or declared void by the Judiciary. Whenever in any of the rebellious States a number of persons equal to one tenth of the voters participating in the Presidential election of 1860, who were qualified electors under the laws existing immediately before the ordinance of secession, should reëstablish a State government republican in form, and not contravening this oath, it would be recognized as the true government of that State and should receive the benefits of the constitutional guaranty. To the emancipated race renewed assurance of permanent freedom was given. It was also suggested that in reorganization the political framework of the States be maintained. The admission of members elected to Congress was a matter for the determination of its respective Houses.
It is proper to notice in this method of reorganization, known afterward as “the Louisiana Plan,” the absence of any provision for conferring on the freedmen the elective franchise. In a private letter to Governor Hahn the President had, it is true, expressed his personal preference for including among the electors such of the colored race as had fought gallantly in the Union ranks and also the very intelligent among them[[285]]. This, however, was only an unofficial suggestion. Nor were securities of any sort required for the future as a condition of reinstatement.
Under this plan, which was presented as only a rallying point, Union governments had been inaugurated in Tennessee, Louisiana and Arkansas; the first two participated in the Presidential election of 1864, and before the close of the war they had all elected members to Congress. The legality of these governments Mr. Lincoln always maintained. How Congress regarded them will be related in succeeding chapters.
Long before the announcement of any mode of reorganization by the Executive, members of the Legislative branch of Government had made some efforts in this field; these, however, were for the most part tentative and hesitant. The question had not yet been brought fairly before Congress; indeed, it was in discussing the results and tendencies of Presidential reconstruction that the Congressional plan, destined ultimately to prevail, slowly assumed definitive form.