It is proper here to inquire who and what was the tenth to whom this power to rule the State was to be given. It will be seen, by reference to the proclamation, that each voter of the one tenth, in order to be qualified, is required to take an oath with certain promises in it, which are prescribed by an outside or foreign authority. This condition of itself is fatal to a republican State government, that "derives its just powers from the consent of the governed." Free consent—not cheerful consent, but unconstrained and unconditioned consent—is required that "just powers" may be derived from it. In this instance, the invader prescribes the requisite qualifications of the voter, and makes it a condition that the government established shall "in no wise contravene" certain stipulations expressed in the oath taken to give the qualification. A State government thus formed derives its powers from the consent of the invader, and not "from the consent of the governed." It has no "just powers" whatever. It is a groundless fabrication. Yet the President of the United States declared, "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.'" Is not this an attempt, while pretending to establish, to destroy true republicanism?
Now, let the reader bear in mind that these remarks relate to Louisiana alone, of which more remains to be told; and that there were eleven States that withdrew from the Union, whose restoration was to be effected on this rotten system, in addition to several constitutional amendments, the adoption of which was to be effected and secured by the votes of these groundless fabrications, in which a fiction was to be considered as good as the truth. Having attained all these facts which are yet to be stated, he may begin to form some estimate of the remnants of the Constitution, and of the probable existence of any true union of the States.
To proceed with the narration. Under the above-mentioned proclamation of the President of the United States, Major-General Banks issued at New Orleans, on January 11, 1864, a proclamation for an election of State officers, and for members of a State Constitutional Convention. The State officers, when elected, were to constitute, as the proclamation said, "the civil government of the State under the Constitution and laws of Louisiana, except so much of the said Constitution and laws as recognize, regulate, or relate to slavery, which, being inconsistent with the present condition of public affairs, and plainly inapplicable to any class of persons now existing within its limits, must be suspended." The number of votes given for State officers was 10,270. The population of the State in 1860 was 708,902. The so-called Government was inaugurated on March 4th, and on March 11th he was invested with the powers hitherto exercised by the military Governor for the President of the United States. On the same day Major-General Banks issued an order relative to the election of delegates to a so-called State Convention. The most important provisions of it defined the qualifications of voters. The delegates were elected entirely within the army lines of the forces of the United States. The so-called Convention assembled and adopted a so-called Constitution, declaring "instantaneous, universal, uncompensated, unconditional emancipation of slaves." The meager vote on the Constitution was, for its adoption, 6,836; for its rejection, 1,566. The vote of New Orleans was, yeas 4,664, nays 789. This state of affairs continued after the close of the war. Violent disputes arose as to the validity of the so-called Constitution. The so-called Legislature elected under it adopted Article XIII as an amendment to the Constitution of the United States, prohibiting the existence of slavery in the United States.
It will be seen from these facts that the State of Louisiana was not a republican State instituted by the consent of the governed; that its Legislature was an unconstitutional body, without any "just powers," and that the vote which it gave for the amendment of the Constitution of the United States was no vote at all; for it was given by a body that had no authority to give it, because it had no "just powers" whatever. Yet this vote was counted among those necessary to secure the passage of the constitutional amendment. Was this an attempt to enforce a fiction or to establish the truth? Such are the deeds which go to make up the record of crime against the liberties of mankind.
The proceedings in Arkansas to "institute" a republican State government were inaugurated by an order from the President of the United States to Major-General Steele, commanding the United States forces in Arkansas. At this time the regular government of the State, established by the consent of the people, was in fall operation outside the lines of the United States army. The military order of the President, dated January 20, 1864, said:
"Sundry citizens of the State of Arkansas petitioned me that an election may be held in that State, in which to elect a Governor; that it be assumed at that election, and thenceforward, that the Constitution and laws of the State, as before the rebellion, are in full force, except that the Constitution is so modified as to declare that there shall be neither slavery nor involuntary servitude," etc.
The order then directs the election to be held for State officers, prescribes the qualifications of voters and the oath to be taken, and directs the General to administer to the officers thus chosen an oath to support the Constitution of the United States, and the "modified Constitution of the State of Arkansas," when they shall be declared qualified and empowered immediately to enter upon the duties of their offices.
The reader can scarcely fail to notice the novel method here adopted to modify or amend the State Constitution. It should be called the process by "assumption"—that is, assume it to be modified, and it is so modified. Then the President orders the officers-elect to be required to swear, on their oath, to support "the modified Constitution of the State of Arkansas." Now, unless the Constitution was thus modified by assuming it to be modified, these State officers were required by oath to support that which did not exist. But it was not so modified. No Constitution or other instrument in the world containing a grant of powers can be modified by assumption, unless it be the Constitution of the United States, as shown by recent experience. Yet the chief object for which these officers were elected and qualified was to carry out these so-called modifications of the State Constitution. This adds another to the deeds of darkness done in the name of republicanism.
Meantime some persons in the northern part of Arkansas, acting under the proclamation of December 8, 1863, got together a so-called State Convention on January 8, 1864, and adopted a revised Constitution, containing the slavery prohibition, etc. This was ordered to be submitted to a popular vote, and at the same time State officers were to be elected. President Lincoln acceded to these proceedings after they had been placed under the direction of the military commander, General Steele. The election was held, the Constitution received twelve thousand votes, and the State officers were declared to be elected. Then Arkansas came forth a so-called republican State, "instituted" by military authority, and, of course, received the benefit of the constitutional provision, which declares that "the United States shall guarantee to every State in this Union a republican form of government." It should be added that Arkansas, thus "instituted" a State, was regarded by the Government of the United States as competent to give as valid a vote as New York, Massachusetts, or any other Northern State, for the ratification of Article XIII, as an amendment to the Constitution of the United States, prohibiting the existence of slavery in the United States. The vote was thus given; it was counted, and served to make up the exact number deemed by the managers to be necessary. Thus was fraud and falsehood triumphant over popular rights and fundamental law.
The perversion of true republican principles was greater in Virginia than in any other State, through the coöperation of the Government of the United States. In the winter of 1860-'61 a special session of the Legislature of the State convened at Richmond and passed an act directing the people to elect delegates to a State Convention to be held on February 14, 1861. The Convention assembled, and was occupied with the subject of Federal relations and the adjustment of difficulties until the call for troops by President Lincoln was made, when an ordinance of secession was passed. The contiguity of the northwestern counties of the State to Ohio and Pennsylvania led to the manifestation of much opposition to the withdrawal of the State from the Union, and the determination to reorganize that portion into a separate State. This resulted in the assembling of a so-called convention of delegates at Wheeling on June 11th. One of its first acts was to provide for a reorganization of the State government of Virginia by declaring its offices vacant, and the appointment of new officers throughout. This new organization assumed to be the true representative of the State of Virginia, and, after various fortunes, was recognized as such by President Lincoln, as will be presently seen. The next act of the Convention was "to provide for the formation of a new State out of a portion of the territory of this State." Under this act delegates were elected to a so-called Constitutional Convention which framed a so-called Constitution for the new State of West Virginia, which was submitted to a vote of the people in April, 1862, and carried by a large majority of that section. Meantime the Governor of the reorganized government of Virginia, above mentioned, issued his proclamation calling for an election of members, and the assembling of an extra session of the so-called Legislature. This body assembled on May 6, 1862, and, adopting the new Federal process of assumption, it assumed to be the Legislature of the State of Virginia. This body, or Legislature, so called, immediately passed an act giving its consent to the formation of a new State out of the territory of Virginia. The formal act of consent and the draft of the new Constitution of West Virginia above mentioned were ordered by this so-called Legislature to be sent to the Congress of the United States, then in session, with the request that "the said new State be admitted into the Union." On December 31, 1862, the President of the United States approved an act of Congress entitled "An act for the admission of the State of West Virginia into the Union," etc. The act recited as follows: