CHAPTER LVI. Final Subjugation of the Confederate States.-Result of the Contest.-A Simple Process of Restoration.-Rejected by the United States Government.-A Forced Union. The President's Proclamation examined.—The guarantee, not to destroy. -Provisional Governors.-Their Duties.-Voters.-First Movement made in Virginia.-Government set up.-Proceedings.—Action of So-called Legislature. -Constitutional Amendment.-Case of Dr. Watson.-Civil Rights Bill.-Storm brewing. Congress refuses to admit Senators and Representatives to Seats.— Committee on "Reconstruction."-Freedmen's Bureau.-Report of Committee. -Fourteenth Amendment to the Constitution.-Extent of Ratification.-ADother Step taken by Congress.-Military Commanders appointed over Confederate States, with Unlimited Powers.-Reconstruction by the Bayonet.-Course of Proceedings required.-Two Governments for each State.-Major-Generals appointed. Further Acts of Congress.-Proceedings commenced by the MajorGeneral at Richmond.—Civil Governor appointed.—Military Districts and Subdistricts. Registration.-So-called State Convention.-So-called Legislature.Its Action.—Measures required by Congress for the Enfranchisement of Negroes adopted by the So-called Legislature.-Assertion of Senator Garrett Davis.— State represented in Congress. WHEN the Confederate soldiers laid down their arms and went home, all hostilities against the power of the Government of the United States ceased. The powers delegated in the compact of 1787 by these States, i. e., by the people thereof, to a central organization to promote their general welfare, had been used for their devastation and subjugation. It was conceded, as the result of the contest, that the United States Government was stronger in resources than the Confederate Government, and that the Confederate States had not achieved their independence. Nothing remained to be done but for the sovereigns, the people of each State, to assert their authority and restore order. If the principle of the sovereignty of the people, the cornerstone of all our institutions, had survived and was still in force, it was necessary only that the people of each State should reconsider their ordinances of secession, and again recognize the Constitution of the United States as the supreme law of the land. This simple process would have placed the Union on its original basis, and have restored that which had ceased to exist, the Union by consent. Unfortunately, such was not the inten 1865] THE FIRST STEP. 719 tion of the conqueror. The Union of free-wills and brotherly hearts, under a compact ordained by the people, was not his object. Henceforth there was to be established a Union of force. Sovereignty was to pass from the people to the Government of the United States, and to be upheld by those who had furnished the money and the soldiers for the war. The first step required, therefore, in the process for the reconstruction of the new and forced Union, was to prepare those who had been the late champions of the sovereignty of the people to become suitable subjects under the new sovereign. Standing defenseless, stripped of their property, and exposed, as it was asserted, to the penalties of insurrection on the one hand, and that of treason on the other, the President of the United States, Mr. Andrew Johnson, who, as Vice-President, became President after the death of Mr. Lincoln, on May 29, 1865, thus addressed them: "To the end, therefore, that the authority of the Government of the United States may be restored, and that peace, order, and freedom may be reëstablished, I, Andrew Johnson, President of the United States, do proclaim and declare that I hereby grant to all persons who have directly or indirectly participated in the existing rebellion, except as hereinafter excepted, amnesty and pardon, with restoration of all rights of property, except as to slaves, and except in cases where legal proceedings under the laws of the United States providing for the confiscation of property of persons engaged in the rebellion have been instituted; but on the condition, nevertheless, that every such person shall take and subscribe the following oath or affirmation, 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, or affirm, in presence of Almighty God, that I will henceforth faithfully support and defend the Constitution of the United States and the Union thereunder, and that I will, in like manner, abide by and faithfully support all laws and proclamations which have been made during the existing rebellion with reference to the emancipation of slaves, so help me God." The permission to take this oath was withheld from large classes of citizens. It will be seen that there are two stipulations in this oath, the first faithfully to support the Constitution of the United States and the Union thereunder. This comprises obedience to the laws made in conformity to the Constitution, and is all that is requisite in the simple oath of allegiance of an American citizen. The second stipulation is: "To abide by and faithfully support all laws and proclamations which have been made during the existing rebellion with reference to the emancipation of slaves." What need was there of this second stipulation? Because the laws were not enacted, nor the proclamation issued under any grant of power in the Constitution or under its authority. Now, the exercise of a power by Government, for which it has no constitutional authority, is not only a usurpation, but it destroys the sanction of all written instruments of government. Also, what has become of the unalienable right of property, which all the State governments were created to protect and preserve? Where was the sovereignty of the people under these proceedings? Yet the Confederate citizen was required to bind himself by an oath to abide by and faithfully support all these usurpations; the alternative being to resist the Government, or to aid and abet a violation of the Constitution. Meanwhile, each of the late Confederate States was occupied by a military force of the Government of the United States, and military orders were the supreme law; and that Government thereby proceeded to establish a State organization based on the principle of its own sovereignty. In the first place, the President of the United States issued a proclamation in such terms as to be applicable to each of the Confederate States wherever its affairs were in such process of subjugation as to permit the commencement of the proposed organization. This proclamation begins by setting forth four propositions as the basis of his authority: First, the Constitution declares that the United States shall guarantee to every State in the Union a republican form of government, and protect each against invasion and domestic violence. Second, the President is Commander 1865] OF ALL CIVIL GOVERNMENT. 721 in-Chief of the Army and Navy, as well as chief civil executive officer, and bound to take care that the laws be faithfully executed. Third, the rebellion, in its revolutionary progress, deprived the people of all civil government. Fourth, it becomes necessary and proper to enforce and carry out the obligations of the United States to the people of the State in securing it in the enjoyment of a republican form of government. Therefore, etc. These propositions call for a notice as well because of their fallacy as their enormity. The third declares that the socalled rebellion, in its progress, deprived the people of each Confederate State of all civil government. There was a government over each Confederate State, then existing and in full operation. It was, in all its internal relations, the same government which existed when the State was a member of the Union, whereby it was recognized by the Government of the United States and by the other States as a lawful and republican State government. It had been created by the free consent of the people of the State, and they had defended it with their lives and their fortunes. It had been denied by the Government of the United States that any one of the Confederate States was a foreign state or outside the Union by its secession. There was, therefore, neither in law nor in fact, any foundation for the assertion that the so-called rebellion had deprived the people of each Confederate State of all civil govern ment. Having thus stripped each Confederate State of all civil government, it was asserted that the Constitution declares that the United States shall guarantee to each State a republican form of government. But to guarantee is not to create, to organize, or to bring into existence. This can be done for a State government only by the free and unconstrained action of the whole people of a State. The creation of such a government is beyond the powers of the Government of the United States, as has already been shown. After a republican government has been instituted by the people, the Constitution requires the United States to guarantee its existence, and thereby forbids them or their Government to overthrow it and set up a creature of its own. The duty to guarantee commands the preservation of that which already exists. Such were the governments of the Confederate States before the war and after the war. Thus the power granted in the Constitution to preserve and guarantee State governments was perverted to overthrow and destroy republican governments, and to erect in their places military Governors, Legislatures, and judicial tribunals. The third proposition is that the President is Commanderin-Chief of the Army and Navy and the chief civil executive. His troops already occupied each of these States, and held the people in subjection. His proclamation was therefore merely a military order from the hand of the conqueror. Everything which he can do under such a character partakes of the nature, simply and solely, of martial law. Therefore he proceeds under the fourth proposition, wherein it "becomes necessary and proper to carry out the obligations of the United States to the people of each Confederate State, "in securing them in the enjoyment of a republican form of government." The American people were now about to witness, on an extensive scale, the tyrannical experiment of instituting republican governments by the processes of martial law. They had declared it to be a self-evident truth that it was "the right of the people to alter or to abolish it [their government], and to institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness." This principle of the sovereignty of the people was now rejected, and the sovereignty of fleets and armies was substituted. * "Now, therefore," says the Commander-in-Chief of the Army and Navy, and the chief civil executive officer of the United States," in obedience to the high and solemn duties imposed upon me by the Constitution of the United States, and for the purpose of enabling the loyal people of said State (or States) to organize a State government, whereby justice may be established, domestic tranquillity restored, and loyal citizens protected in all their rights of life, liberty, and property, I do hereby appoint provisional Governor of the State." It *Declaration of Independence. |