Abraham Lincoln, Volume II

by Jr. John T. Morse

As reorganizations were attempted the promoters generally desired that the fresh start in state life should be made with new state Constitutions. The conventions chosen to draw these instruments were instructed from Washington that the validity of the Emancipation Proclamation and of all the legislation of Congress concerning slavery must be distinctly admitted, if their work was to receive recognition. Apart from this, so strenuous were the hints conveyed to these bodies that they would do well to arrange for the speedy abolition of slavery, that no politician would have been so foolish as to offer a constitution, or other form of reorganization, without some provision of this sort. This practical necessity sorely troubled many, who still hoped that some happy turn of events would occur, whereby they would be able to get back into the Union with the pleasant and valuable group of their slaves still about them, as in the good times of yore. Moreover, in other matters there were clashings between the real military commanders and the quasi-military civilian officials; and it was unfortunately the case that, in spite of Mr. Lincoln's appeal to loyal men to "eschew cliquism" and "work together," there were abundant rivalries and jealousies and personal schemings. All

these vexations were dragged before the President to harass him with their pettiness amid his more conspicuous duties; they gave him infinite trouble, and devoured his time and strength. Likewise they were obstacles to the advancement of the business itself, and, coming in addition to the delays inevitable upon elections and deliberations, they ultimately kept all efforts towards reconstruction dallying along until a late period in the war. Thus it was February 22, 1864, when the state election was held in Louisiana; and it was September 5 in the same year when the new Constitution, with an emancipation clause, was adopted. It was not until January, 1865, that, in Tennessee, a convention made a constitution, for purposes of reconstruction, and therein abolished slavery.

Pending these doings and before practical reconstruction had made noticeable progress, Mr. Lincoln sent in, on December 8, 1863, his third annual message to Congress. To this message was appended something which no one had anticipated,—a proclamation of amnesty. In this the President recited his pardoning power and a recent act of Congress specially confirmatory thereof, stated the wish of certain repentant rebels to resume allegiance and to restore loyal state governments, and then offered, to all who would take a prescribed oath, full pardon together with "restoration of all rights and property, except as to slaves, and ... where rights of third parties shall have intervened." The oath was simply to "support, protect, and

defend" the Constitution and the Union, and to abide by and support all legislation and all proclamations concerning slavery made during the existing rebellion. There were, of course, sundry exceptions of persons from this amnesty; but the list of those excepted was a moderate and reasonable one. He also proclaimed that whenever in any seceded State "a number of persons not less than one tenth in number of the votes cast in such State at the presidential election of the year of our Lord one thousand eight hundred and sixty, each having taken the oath aforesaid and not having since violated it, and being a qualified voter by the election law of the State existing immediately before the so-called act of secession, and excluding all others, shall reëstablish a state government which shall be republican, and in no wise 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 cannot be convened), against domestic violence.'"

Also further: "that any provision that may be adopted by such state government, in relation to the freed people of such State, which shall recognize and declare their permanent freedom, provide

for their education, and which may yet be consistent, as a temporary arrangement, with their present condition as a laboring, landless, and homeless class, will not be objected to by the national executive. And it is suggested as not improper that, in constructing a loyal state government in any State, the name of the State, the boundary, the subdivisions, the constitution, and the general code of laws, as before the rebellion, be maintained, subject only to the modifications made necessary by the conditions hereinbefore stated, and such others, if any, not contravening said conditions, and which may be deemed expedient by those framing the new state government."

Concerning this proclamation, the message which communicated it noted: that it did not transcend the Constitution; that no man was coerced to take the oath; and that to make pardon conditional upon taking it was strictly lawful; that a test of loyalty was necessary, because it would be "simply absurd" to guarantee a republican form of government in a State "constructed in whole, or in preponderating part, from the very element against whose hostility and violence it is to be protected;" that the pledge to maintain the laws and proclamations as to slavery was a proper condition, because these had aided and would further aid the Union cause; also because "to now abandon them would be not only to relinquish a lever of power, but would also be a cruel and astounding breach of faith."

He continued: "But why any proclamation, now, upon the subject? This question is beset with the conflicting views that the step might be delayed too long or be taken too soon. In some States the elements for resumption seem ready for action, but remain inactive, apparently for want of a rallying point,—a plan of action. Why shall A adopt the plan of B rather than B that of A? And if A and B should agree, how can they know but that the general government here will reject their plan? By the proclamation a plan is presented which may be accepted by them as a rallying point, and which they are assured in advance will not be rejected here. This may bring them to act sooner than they otherwise would.

"The objection to a premature presentation of a plan by the national executive consists in the danger of committals on points which could be more safely left to further developments.

"Care has been taken to so shape the document as to avoid embarrassments from this source. Saying that, on certain terms, certain classes will be pardoned, with rights restored, it is not said that other classes or other terms will never be included. Saying that reconstruction will be accepted if presented in a specified way, it is not said it will never be accepted in any other way.