Twenty Years of Congress, Volume 2 / From Lincoln to Garfield, with a Review of the Events Which Led to the Political Revolution of 1860

by James Gillespie Blaine

To this end the President proposed a definite plan of reconstruction in his message of December 8, 1863, sent to the Thirty-eighth Congress at its first session. He accompanied the message with a public proclamation which more fully embodied his conception of the necessities of the situation and the duties of the loyal people. According to the message of the President "the constitutional obligation to guarantee to every State in the Union a Republican form of government and to protect the State in such cases is explicit and full. . . . This section of the Constitution contemplates a case wherein the elements within a State favorable to Republican government in the Union may be too feeble for an opposite and hostile element external to or even within the State, and such are precisely the cases with which we now are dealing. An attempt to guarantee and protect a revived State government constructed in whole or in preponderating part from the very element against whose hostility and violence it is to be protected is simply absurd. There must be a test by which to separate the opposing elements so as to build only from the sound, and that test is a sufficiently liberal one which accepts as sound whoever will make a sworn recantation of his former unsoundness."

In his proclamation the President made known that "to all persons who have directly or by implication participated in the existing rebellion except as herein after excepted, a full pardon is hereby granted with restoration of all rights of property except as to slaves, upon condition that every such person shall take and subscribe an oath, and thenceforward maintain said oath inviolate," to the following effect: viz., to "henceforth faithfully support and defend the Constitution and the Union of the States thereunder," and to abide by all laws and proclamations "made during the existing rebellion, having reference to slaves, so long and so far as not modified or declared void by decision of the Supreme Court." Those excepted from the benefits of the pardon were first the civil and diplomatic officers of the Confederate Government; second, those who left judicial stations in the United-States Government to aid the rebellion; third, military officers of the Confederacy above the rank of colonel, and naval officers above the rank of lieutenant; fourth, all who left seats in the Congress of the United States to aid the rebellion; fifth, all who left the National Army or Navy to aid the rebellion; sixth, all who had treated colored persons found in the military or naval service of the United States otherwise than as prisoners of war.

The President was willing to intrust the task of establishing State governments to a population whose loyalty to the Union should be tested by taking the prescribed oath, provided that the population should be sufficiently numerous to cast a vote one-tenth as large as that cast at the Presidential election of 1860. A government thus established, the President declared, "shall be recognized as the true government of the State, and the State shall receive thereunder the benefits of the constitutional provision which declares that the United States shall guarantee to each State a Republican form of government." At the same time the President was careful to affirm that "whether members sent to Congress from any State shall be admitted to seats constitutionally rests exclusively with the respective Houses, and not to any extent with the Executive."

The Union men in Louisiana had been so encouraged by the admission of Flanders and Hahn to seats in Congress, that they were active in the year 1863 in maturing schemes for re-establishing a loyal State government. But the decisive step was not taken until the opening of the ensuing hear. On the 8th of January, 1864, a large Free-State Convention was held in New Orleans, which proved to be in harmony with the National Administration at all points, accepting the emancipation policy of the President as the basis of all their action. General Banks, then in command of the military district, at once issued a proclamation as requested by the convention, appointing an election for State officers on the 22d of February—the officers chosen, to be installed on the 4th of March. Michael Hahn was elected governor as the especial representative of the President's firm yet cautious and moderate policy. B. F. Flanders and C. Roselius were the opposing candidates, the former representing a more radical the latter a more conservative policy than the President was willing to accept.

Mr. Hahn was duly installed in office on the 4th of March, and on the 15th the President issued an order declaring the new governor to be "invested until further orders with the powers exercised hitherto by the military governor of Louisiana." In a personal note to Governor Hahn at the same time the President said, "I congratulate you on having fixed your name in history as the first Free-State Governor of Louisiana. Now you are about to have a convention which among other things will probably define the elective franchise. I barely suggest for your private consideration whether some of the colored people may not be let in, as for instance the very intelligent and especially those who have fought gallantly in our ranks. They would probably help in some trying time in the future to keep the jewel of Liberty in the family of Freedom." The form of the closing expression, quite unusual in Mr. Lincoln's compact style, may have been pleonastic, but his meaning was one of deep and almost prophetic significance. It was perhaps the earliest proposition from any authentic source to endow the negro with the right of suffrage, and was an indirect but most effective answer to those who subsequently attempted to use Mr. Lincoln's name in support of policies which his intimate friends instinctively knew would be abhorrent to his unerring sense of justice.

The scheme of reconstruction in Louisiana was completed by the assembling of a convention to form a constitution for the State. The convention was organized early in April, and its most important act was the prompt incorporation of an anti-slavery clause in the organic law. By a vote of seventy to sixteen the convention declared slavery to be forever abolished in the State. The constitution was adopted by the people on the fifth day of the ensuing September by a vote of 6,836 in its favor to 1,566 against it. As the total vote of Louisiana at the Presidential election of 1860 was 50,510, the new State government had obviously fulfilled the requirement of the President's proclamation in demonstrating that it was sustained by more than one-tenth of that number. The President's scheme had therefore so far succeeded that Louisiana was at least in form under a loyal government. It was, however, a government that could not sustain itself for a day if the military support of the Nation should be withdrawn, and therein lay the weakness of the President's plan.

The action of Louisiana was accompanied, indeed in some parts preceded, by a similar action in Arkansas. A loyal governor (Isaac Murphy) was elected, an anti-slavery constitution adopted, a government duly installed over the State, and senators and representatives in Congress were elected in due form. These successive steps were taken in the early spring of 1864. But when the senators, Messrs. Fishback and Baxter, presented themselves for admission to the body to which they were thus chosen, it was found that Congress was not in sympathy with what was derisively termed the "short-hand" method of reconstruction proposed in Mr. Lincoln's proclamation. Mr. Sumner, when the credentials were presented, offered a resolution declaring that "a State pretending to secede from the Union, and battling against the General Government to maintain that position, must be regarded as a rebel State subject to military occupation and without representation on this floor until it has been re-admitted by a vote of both Houses of Congress; and the Senate will decline to entertain any such application from any such rebel State until after such a vote of both Houses."

Mr. Sumner's resolution embodied a radical and absolute dissent from the President's scheme of reconstruction. The Senate, however, was not quite ready for so emphatic a declaration, and the resolution was referred with the credentials to the Judiciary Committee. A few weeks alter, on the 27th June (1864), the committee made a report covering substantially the ground of Mr. Sumner's resolution. By a vote of twenty-seven to six the State declared that "the rebellion is not so far suppressed in Arkansas as to entitle that State to representation in Congress, and therefore Messrs. Fishback and Baxter are not entitled to admission as senators." Similar action was taken in the House—the representatives not being allowed to take seats.

The conflict between the President and Congress on the subject of reconstruction was made still more apparent by the further action of each. After the Arkansas case had been disposed of, Congress passed a bill embodying its own views of the proper process of reconstruction. By this measure it was directed that the President should appoint a provisional governor for each of the States declared to be in rebellion; that said governor should, as soon as military resistance to the United States ceased, make an enrolment of the white male citizens, submitting to each an oath to support the Constitution. If a majority of the citizens should take and subscribe the oath, the governor was to order an election of delegates to a constitutional convention.

It was made the duty of the convention as its initial proceeding to declare on behalf of the people of the State their submission to the Constitution of the United States, and to incorporate in their own organic law three fundamental provisions: First, No one who has held any office under the Confederate Government except civil offices merely ministerial, or military office below the rank of colonel, shall vote for or be a member of the Legislature, or shall vote for or be elected governor. Second, Involuntary servitude shall be forever prohibited, and the freedom of all persons in the State guaranteed. Third, No debt, State or Confederate, created in aid of the rebellion shall ever be paid. In the event of a constitution being framed with these provisions inserted, and then adopted by a majority of the popular vote as already enrolled, the governor shall certify that fact to the President, and thereupon the President, after obtaining the assent of Congress, shall recognize the State government so established as a legitimate and constitutional government competent to elect senators and representatives in Congress and electors of President and Vice-President.