Further Attempts of the United States Government to overthrow States.—Election of Members of Congress under the Military Governor of Louisiana.—The Voters required to take an Oath to support the United States Government.—The State Law violated.—Proposition to hold a State Convention; postponed.—The President's Plan for making a Union State out of a Fragment of a Confederate State.—His Proclamation.—The Oath required.—Message.—"The War-Power our Main Reliance."—Not a Feature of the Republican Government in the Plan.—What are the True Principles?—The Declaration of Independence asserts them.—Who had a Right to institute a Government for Louisiana?—Its People only.—Under what Principles could the Government of the United States do it?—As an Invader to subjugate.—Effrontery and Wickedness of the Administration.—It enforces a Fiction.—Attempt to make Falsehood as good as Truth.— Proclamation for an Election of State Officers.—Proclamation for a State Convention.—The Monster Crime against the Liberties of Mankind.—Proceedings in Arkansas.—Novel Method adopted to amend the State Constitution.—Perversion of Republican Principles in Virginia.—Proceedings to create the State of West Virginia.—A Falsehood by Act of Congress.—Proceedings considered under Fundamental Principles.—These Acts sustained by the United States Government.—Assertion of Thaddeus Stevens.—East Virginia Government.—Such Acts caused Entire Subversion of States.—Mere Fictions thus constituted.
But to resume our narration. On December 3d, in compliance with an order of the military Governor Shepley, a so-called election was held for members of the United States Congress in the first and second State districts, each composed of about half the city of New Orleans and portions of the surrounding parishes. Those who had taken the oath of allegiance were allowed to vote. In the first district, Benjamin F. Flanders received 2,370 votes, and all others 273. In the second district, Michael Hahn received 2,799 votes, and all others 2,318. These persons presented themselves at Washington, and resolutions to admit them to seats were reported by the Committee on Elections in the House of Representatives. It was urged that the military Governor had conformed in every particular to the Constitution and laws of Louisiana, so that the election had every essential of a regular election in a time of most profound peace, with the exception of the fact that the proclamation for the election was issued by the military instead of the civil Governor of the State. The law required the proclamation to be issued by the civil Governor; so that, if these persons were admitted to seats after an election called by a military Governor, Congress thereby recognized as valid a military order of a so-called Executive that unceremoniously set aside a provision of the State civil law, and was anti-republican and a positive usurpation. Again, all the departments of the United States Government had acted on the theory that the Confederate States were in a state of insurrection, and that the Union was unbroken; under this theory, they could come back to the Union only with all the laws unimpaired which they themselves had made for their own government. Congress was as much bound to uphold the laws of Louisiana, in all their extent and in all their parts, as it was to uphold the laws of New York, or any other State, whose civil policy had not been disturbed. Both those persons, however, were admitted to seats—yeas, 92; nays, 44.
The work of constituting the State of Louisiana out of the small portion of her population and of her territory held by the forces of the United States still went on. The proposition now was to hold a so-called State Convention and frame a new Constitution, but its advocates were so few that nothing was accomplished during the year 1863. The object of the military power was to secure such civil authority as to enforce the abolition of slavery; and, until the way was clear to that result, every method of organization was held in abeyance.
Meanwhile, on December 8, 1863, the President of the United States issued a proclamation which contained his plan for making a Union State out of a fragment of a Confederate State, and also granting an amnesty to the general mass of the people on taking an oath of allegiance. His plan was in these words:
"And I do further proclaim, declare, and make known that, whenever, in any of the States of Arkansas, Texas, Louisiana, Mississippi, Tennessee, Alabama, Georgia, Florida, South Carolina, and North Carolina, a number of persons, not less than one tenth in number of the votes cast in such State at the Presidential election of 1860, each having taken the following oath and not having since violated it, and being a qualified voter by the election laws of the State existing immediately before the so-called act of secession, and excluding all others, shall reestablish a State government which shall be republican, and in nowise contravening said oath, such 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 every State in this Union a republican form of government, and shall protect each of them against invasion; and, on application of the Legislature or the Executive (when the Legislature can not be convened), against domestic violence."
The oath required to be taken was as follows:
"I, ——- ——-, do solemnly swear, in presence of Almighty God, that I will henceforth support, protect, and defend the Constitution of the United States and the Union of the States thereunder; and that I will in like manner abide by and faithfully support all acts of Congress, passed during the existing rebellion, with reference to slaves, so long and so far as not repealed, modified, or held void by Congress, or by decision of the Supreme Court, and that I will, in like manner, abide by and faithfully support all proclamations of the President, 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. So help me God!"
In a message to Congress, of the same date with the preceding proclamation, the President of the United States, after explaining the objects of the proclamation, says:
"In the midst of other cares, however important, we must not lose sight of the fact that the war-power is still our main reliance. To that power alone can we look, for a time, to give confidence to the people in the contested regions that the insurgent power will not again overrun them."
The intelligent reader will observe that this plan of the President of the United States to restore States to the Union, to occupy the places of those which he had been attempting to destroy, does not contain a single feature to secure a republican form of government, nor a single provision authorized by the Constitution of the United States. With his usurped war-power to sustain him in the work of destruction, he found it easy to destroy; but he was powerless to create or to restore. In the former case, he had gone imperiously forward, trampling under foot every American political principle, and breaking through every constitutional limitation. In the latter case, he could not advance one step without recognizing sound political principles and complying with their dictates. On each foundation he must construct, or his work would be like the house founded on the sand.