States necessary until such time as labor returns to its proper channel, and civil authority is fully established. I did not meet any one, either those holding places under the government or citizens of the southern States, who think it practicable to withdraw the military from the south at present. The white and the black mutually require the protection of the general government.

There is such universal acquiescence in the authority of the general government throughout the portions of country visited by me, that the mere presence of a military force, without regard to numbers, is sufficient to maintain order. The good of the country, and economy, require that the force kept in the interior, where there are many freedmen, (elsewhere in the southern States than at forts upon the seacoast no force is necessary,) should all be white troops. The reasons for this are obvious without mentioning many of them. The presence of black troops, lately slaves, demoralizes labor, both by their advice and by furnishing in their camps a resort for the freedmen for long distances around. White troops generally excite no opposition, and therefore a small number of them can maintain order in a given district. Colored troops must be kept in bodies sufficient to defend themselves. It is not the thinking men who would use violence towards any class of troops sent among them by the general government, but the ignorant in some places might; and the late slave seems to be imbued with the idea that the property of his late master should, by right, belong to him, or at least should have no protection from the colored soldier. There is danger of collisions being brought on by such causes.

My observations lead me to the conclusion that the citizens of the southern States are anxious to return to self-government, within the Union, as soon as possible; that whilst reconstructing they want and require protection from the government; that they are in earnest in wishing to do what they think is required by the government, not humiliating to them as citizens, and that if such a course were pointed out they would pursue it in good faith. It is to be regretted that there cannot be a greater commingling, at this time, between the citizens of the two sections, and particularly of those intrusted with the law-making power. Senate Executive Documents, 39 Cong., I sess. (Washington, 1866), I, No. 2, pp. 106-107.

CHAPTER XXIV-PRINCIPLES OF RECON

145.

STRUCTION

The First Theory (1863)

BY PRESIDENT ABRAHAM LINCOLN

This proclamation was sent to Congress with the president's annual message, which contained comments upon it. — For Lincoln, see No. 44 above. Bibliography: W. A. Dunning, Essays on the Civil War and Reconstruction, footnotes passim; Lalor, Cyclopædia, III, 556.

WHE

THEREAS, in and by the Constitution of the United States, it is provided that the President" shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment ;" and

Whereas a rebellion now exists whereby the loyal State governments of several States have for a long time been subverted, and many persons have committed, and are now guilty of, treason against the United States; and

Whereas, with reference to said rebellion and treason, laws have been enacted by Congress, declaring forfeitures and confiscation of property and liberation of slaves, all upon terms and conditions therein stated, and also declaring that the President was thereby authorized at any time thereafter, by proclamation, to extend to persons who may have participated in the existing rebellion, in any State or part thereof, pardon and amnesty, with such exceptions and at such times and on such conditions as he may deem expedient for the public welfare; and

Whereas the congressional declaration for limited and conditional pardon accords with well-established judicial exposition of the pardoning power; and

Whereas, with reference to said rebellion, the President of the United States has issued several proclamations, with provisions in regard to the liberation of slaves; and

Whereas it is now desired by some persons heretofore engaged in said

rebellion to resume their allegiance to the United States, and to reinaugurate loyal State governments within and for their respective States; therefore

I, Abraham Lincoln, President of the United States, do proclaim, declare, and make known to all persons who have, directly or by implication, participated in the existing rebellion, except as hereinafter excepted, that a full pardon is hereby granted to them and each of them, with restoration of all rights of property, except as to slaves, and in property cases where rights of third parties shall have intervened, and upon the condition that every such person shall take and subscribe an oath, and thenceforward keep and maintain said oath inviolate; and which oath shall be registered for permanent preservation, and shall be of the tenor and effect following, to wit:

I, do solemnly swear, in presence of almighty God, that I will henceforth faithfully 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.

The persons exempted from the benefits of the foregoing provisions are all who are, or shall have been, civil or diplomatic officers or agents of the so-called Confederate Government; all who have left judicial stations under the United States to aid the rebellion; all who are or shall have been military or naval officers of said so-called Confederate Government above the rank of colonel in the army or of lieutenant in the navy; all who left seats in the United States Congress to aid the rebellion; all who resigned commissions in the army or navy of the United States and afterward aided the rebellion; and all who have engaged in any way in treating colored persons, or white persons in charge of such, otherwise than lawfully as prisoners of war, and which persons may have been found in the United States service as soldiers, seamen, or in any other capacity.

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 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 guaranty 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."

And I do further proclaim, declare, and make known, that any provision which 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.

To avoid misunderstanding, it may be proper to say that this proclamation, so far as it relates to State governments, has no reference to States wherein loyal State governments have all the while been maintained.

And, for the same reason, it may be proper to further say, 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. And still further, that this proclamation is intended to present the people of the States wherein the national authority has been suspended, and loyal State governments have been subverted, a mode in and by which the national authority and loyal State governments may be reëstablished within said States, or in any of them; and while the mode presented is the best the executive can suggest, with his present impressions, it must not be understood that no other possible mode would be acceptable.

[L. S.]

Given under my hand at the city of Washington, the eighth day of December, in the year of our Lord one thousand eight hundred and sixty-three, and of the independence of the United States of America the eighty-eighth. ABRAHAM LINCOLN.

Abraham Lincoln, Complete Works (edited by John G. Nicolay and John Hay, New York, 1894), II, 442–444.

146. The State-Suicide Theory (1863)

BY SENATOR CHARLES SUMNER

Sumner's official career was confined to the United States Senate, where he held a seat from 1851 until his death in 1874. From first to last he faithfully championed the cause of negro freedom and rights. For many years he was chairman of the Com. mittee on Foreign Affairs, a position for which he was peculiarly fitted by his training and ability; but this duty and all others were subordinate to his self-imposed stewardship in behalf of an enslaved race. The theory set forth in this extract was first advanced by him in a speech in the Senate in 1862. - For Sumner, see E. L. Pierce, Memoir and Letters of Charles Sumner. - Bibliography as in No. 145 above.

IT

T is argued that the Acts of Secession are all inoperative and void, and that therefore the States continue precisely as before, with their local constitutions, laws, and institutions in the hands of traitors, but totally unchanged, and ready to be quickened into life by returning loyalty. Such, I believe, is a candid statement of the pretension for State Rights against Congressional governments, which, it is argued, cannot be substituted for the State governments.

It is true, beyond question, that the Acts of Secession are all inoperative and void against the Constitution of the United States. Though matured in successive conventions, sanctioned in various forms, and maintained ever since by bloody war, these acts no matter by what name they may be called — are all equally impotent to withdraw an acre of territory or a single inhabitant from the rightful jurisdiction of the United States. But while thus impotent against the United States, it does not follow that they were equally impotent in the work of selfdestruction. Clearly, the Rebels, by utmost efforts, could not impair the National jurisdiction; but it remains to be seen if their enmity did not act back with fatal rebound upon those very State Rights in behalf of which they commenced their treason. . . .

... On this important question I discard all theory, whether it be of State suicide or State forfeiture or State abdication, on the one side, or of State rights, immortal and unimpeachable, on the other side. . .