Abraham Lincoln, Volume II

by Jr. John T. Morse

CHAPTER VIII

RECONSTRUCTION

In his inaugural address President Lincoln said: "The union of these States is perpetual.... No State, upon its own mere motion, can lawfully get out of the Union; resolves and ordinances to that effect are legally void." In these words was imbedded a principle which later on he showed his willingness to pursue to its logical conclusions concerning the reconstruction of the body politic. If no State, by seceding, had got itself out of the Union, there was difficulty in maintaining that those citizens of a seceding State, who had not disqualified themselves by acts of treason, were not still lawfully entitled to conduct the public business and to hold the usual elections for national and state officials, so soon as the removal of hostile force should render it physically possible for them to do so. Upon the basis of this principle, the resumption by such citizens of a right which had never been lost, but only temporarily interfered with by lawless violence, could reasonably be delayed by the national government only until the loyal voters should be sufficient in number to relieve the elections from the objection of being

colorable and unreal. This philosophy of "reconstruction" seemed to Mr. Lincoln to conform with law and good sense, and he was forward in meeting, promoting, almost even in creating opportunities to apply it. From the beginning of the war he had been of opinion that the framework of a state government, though it might be scarcely more than a skeleton, was worth preservation. It held at least the seed of life. So after West Virginia was admitted into statehood, the organization which had been previously established by the loyal citizens of the original State was maintained in the rest of the State, and Governor Pierpoint was recognized as the genuine governor of Virginia, although few Virginians acknowledged allegiance to him, and often there were not many square miles of the Old Dominion upon which the dispossessed ruler could safely set his foot. For the present he certainly was no despot, but in the future he might have usefulness. He preserved continuity; by virtue of him, so to speak, there still was a State of Virginia.

Somewhat early in the war large portions of Tennessee, Louisiana, and Arkansas were recovered and kept by Union forces, and beneath such protection a considerable Union sentiment found expression. The President, loath to hold for a long time the rescued parts of these States under the sole domination of army officers, appointed "military governors."[^[55]] The anomalous office found an

obscure basis among those "war powers" which, as a legal resting-place, resembled a quicksand, and as a practical foundation were undeniably a rock; the functions and authority of the officials were as uncertain as anything, even in law, possibly could be. Legal fiction never reached a droller point than when these military governorships were defended as being the fulfillment by the national government "of its high constitutional obligation to guarantee to every State in this Union a republican form of government!"[^[56]] Yet the same distinguished gentleman, who dared gravely to announce this ingenious argument, drew a picture of facts which was in itself a full justification of almost any scheme of rehabilitation; he said: "The state government has disappeared. The Executive has abdicated; the Legislature has dissolved; the Judiciary is in abeyance." In this condition of chaos Mr. Lincoln was certainly bound to prevent anarchy, without regard to any comicalities which might creep into his technique. So these hermaphrodite officials, with civil duties and military rank, were very sensibly and properly given a vague authority in the several States, as from time to time these were in part redeemed from rebellion by the Union armies. So soon as possible they were bidden, in collaboration with the military

commanders in their respective districts, to make an enrollment of loyal citizens, with a view to holding elections and organizing state governments in the customary form. The President was earnest, not to say pertinacious, in urging forward these movements. On September 11, 1863, immediately after the battle of Chattanooga, he wrote to Andrew Johnson that it was "the nick of time for reinaugurating a loyal state government" in Tennessee; and he suggested that, as touching this same question of "time when," it was worth while to "remember that it cannot be known who is next to occupy the position I now hold, nor what he will do." He warned the governor that reconstruction must not be so conducted "as to give control of the State, and its representation in Congress, to the enemies of the Union.... It must not be so. You must have it otherwise. Let the reconstruction be the work of such men only as can be trusted for the Union. Exclude all others; and trust that your government, so organized, will be recognized here as being the one of republican form to be guaranteed to the State."[^[57]]

At the same time these expressions by no means indicated that the President intended to have, or would connive at, any sham or colorable process. Accordingly, when some one suggested a plan for setting up as candidates in Louisiana certain Federal

officers, who were not citizens of that State, he decisively forbade it, sarcastically remarking to Governor Shepley: "We do not particularly want members of Congress from there to enable us to get along with legislation here. What we do want is the conclusive evidence that respectable citizens of Louisiana are willing to be members of Congress, and to swear support to the Constitution, and that other respectable citizens there are willing to vote for them and send them. To send a parcel of Northern men here as representatives, elected, as would be understood (and perhaps really so), at the point of the bayonet, would be disgraceful and outrageous." Again he said that he wished the movement for the election of members of Congress "to be a movement of the people of the district, and not a movement of our military and quasi-military authorities there. I merely wish our authorities to give the people a chance,—to protect them against secession interference." These instructions were designed as genuine rules of action, and were not to be construed away. Whatever might be said against the theory which the President was endeavoring to establish for state restoration, no opponent of that theory was to be given the privilege of charging that the actual conduct of the proceedings under it was not rigidly honest. In December, 1862, two members of Congress were elected in Louisiana, and in February, 1863, they were admitted to take seats in the House for the brief remnant of its existence. This

was not done without hesitation, but the fact that it was done at all certainly was in direct line with the President's plan. Subsequently, however, other candidates for seats, coming from rehabilitated States, were not so fortunate.