In this proclamation Mr. Lincoln manifested his fixed determination that slavery should cease in the reconstructed Union, and that the faith of the Nation pledged to the colored race should be fully and scrupulously kept. Fidelity,—fidelity to the freedmen, breathed through every paper Mr. Lincoln ever issued on the subject. In regard to the reorganization of States he said: "In some States, the elements for resumption seems ready for action, but remain inactive for the want of a plan of action. By the proclamation, a plan is presented which the people are assured will not be rejected by the Executive." The plan suggested was, that when one tenth of the voters in any State who had voted in 1860, should take the required oath, and organize and reestablish a State government which should be republican in form, and no wise contravening said oath, it would be recognized by the Executive as the government of the State. He further suggested that in constituting a loyal State government, the names and boundaries of the old States might be properly and conveniently retained. This would avoid inconvenience and confusion.

Does not such a suggestion negative the idea that the State as such still existed, as a State in the Union, and a component part of the Government, and could of itself resume its former relations to the Union? He added, in presenting the subject to Congress," to avoid misunderstanding, that in saying reconstruction will be accepted, if presented in a specified way -is not saying it would be rejected if presented in any other way."

There was a wide difference of opinion among the friends of the President in regard to the Amnesty Proclamation. In the midst of the fierce passions and animosities growing out of the war, many thought the terms much too favorable to the rebels. But the conviction of the President was clear that when there was sincere repentance manifested by action, it was the duty of the Executive to pardon. He said, "when a man is sincerely penitent for his misdeeds, and gives satisfactory evidence of it, he can safely be pardoned."

It is known that he was very anxiously seeking the restoration of some one, or more of the seceded States. He

earnestly desired to make a beginning in this direction. IIe desired a model for the seceded states to follow, and he looked impatiently for the day when a slave and rebellious State might return as a free and loyal member of the Union.

The mode of governing the rebellious States, and the manner of their resuming their former relations to the government, had been the subject of discussion in Congress in 1861 and 1862, but no definite action was taken.

The President's Message on the subject was, on the 15th of December 1863, referred to a select committee, of which Henry Winter Davis was Chairman. In the discussion on the subject of reconstruction at this session of Congress, began those differences of opinion which have since beenpromoted by bad temper, intemperate and violent language, and ambition, and have finally resulted in the alienation which has grown into open hostility between Congress and the Executive during the administration of Mr. Johnson.

As has been stated the relations of the rebel States to the National Government, and in what way they should be governed during the period which should intervene before their restoration to their former relations, and the manner in which those relations should be restored, early became a subject of anxious consideration by the thoughtful statesmen of the republic. As early as December 1861, Senator Harlan introduced a bill to establish a provisional government in the rebellious States. Mr. Sumner, in February 1862, introduced a series of resolutions declaratory of his views of the relations between the United States and the territory thus "usurped by pretended governments without legal or constitutional rights." Various bills were reported to the House, and introduced into the Senate, to establish provisional governments over the territory in rebellion. No final action was had upon these measures. They were generally regarded as premature, and it was thought that while in the condition of war, military governments were perhaps the most convenient form in which proper governmental control could be exercised. The President, under the military power had appointed provisional governors in North Carolina, Louisiana, Tennessee and Arkansas.

In December 1863, Mr. Stevens of Pennsylvania proposed the formation of a select committee to which should be referred so much of the President's message as relates to the treatment of the rebellious States. Henry Winter Davis, the brilliant orator and bold leader of the Union party in Maryland, moved to amend the resolution providing for a select committee, to which should be referred so much of the President's Message as relates to the duty of the United States to guarantee a republican form of government to the several States, which committee should report the bills necessary to prepare to carry into execution that guarantee. The resolution as amended by Mr. Davis passed, and the committee was raised, and the mover Mr. Davis as has been stated, was made chairman.

On the 15th of February 1864, the committee reported "a bill to guarantee a republican form of government to certain States whose governments have been overthrown." The bill among other things, authorized the appointment by the President of a Provisional Governor. It provided that as soon as military resistance should be overcome, the white male citizens should be enrolled, and conventions to frame new constitutions should be called. No person who had exercised any civil, military, state, or confederate office during the rebellion, or who had voluntarily borne arms against the United States, should vote, or be eligible as a delegate to such convention. The constitutional conventions were required to insert provisions providing: "1st, that no person who had held office under the rebellious government, state or confederate except military officers under the grade of colonel, should vote for, or be eligible for a member of the legislature or Governor. 2d, slavery should be forever prohibited, and freedom secured to all; and 3d, all state and confederate debts created in aid of the rebellion should be repudiated."

This bill was earnestly advocated as a bill to restore civil government in States where no governments recognized by the United States existed. The suppression of the rebellion and the overthrow of hostile governments existing in the rebel States would leave the territory which had been waging war against the United States, without any civil government which Congress could recognize. It was the clear duty of

Congress to inaugurate a government, republican in form, and to prescribe such conditions as would give security in the future. The bill after much discussion passed both Houses of Congress, but being presented to the President less than one hour before the adjournment it was not signed by him, he desiring time to consider the very grave questions raised by the act. On the 8th of July, he issued a proclamation calling attention to the provisions of the bill as a plan for restoration, which, while not approving, to the exclusion of others, and as inflexibly committing himself to this single plan, yet he presented it as worthy of consideration, and expressed his willingness to give it the Executive sanction and aid; and he announced that as soon as military resistance should be overcome in any State, and the people sufficiently returned to their obedience to the Constitution and laws of the United States, he would proceed to appoint a military governor with instructions to proceed according to the provisions of the bill.* His great objection to the bill was that it abrogated the proceedings by which free State governments had already been organized in Arkansas and Louisiana, and would require that the people of those States should begin again, and all that had been done in these States was as nothing. He was extremely anxious that some of the seceding States should as soon as possible be again recognized and represented in Congress,-believing that such an example would exert a powerful influence upon the others. Had the existing free State governments of Louisiana, and Arkansas been recognized and sanctioned by the bill, his principal objection to it would have been removed. The failure of Mr. Lincoln to sign this bill regulating the subject of reconstruction, called forth from Senator Wade of Ohio, and Henry Winter Davis, a paper severely censuring him for the omission; a paper written with distinguished ability, but with a temper too personal for the discussion of a question so grave. Had Mr. Lincoln lived, no serious evil would have resulted from his failure to sign the bill referred to. I feel fully warranted from his whole administration, from the tone of his proclamation on the subject of this bill, from his uniformly kind,

* McPherson, page 318-319.

courteous and respectful treatment of Congress, and from the fact that there was really no serious difference of opinion between him and Congress, in saying that there would have been no division between Congress and himself on this subject. Since Mr. Lincoln's death, all who have appreciated the great national misfortune resulting from the separation of President Johnson from the men who elected him Vice President, and his estrangement from Congress, must deeply regret that this bill, or some bill embodying the views of Congress, did not become a law before the accession of Mr. Johnson to the Presidency.

The subject of reconstruction, and the views of Mr. Lincoln upon the subject, were still further disussed in the Senate on the presentation of the credentials of Messrs Fishback and Baxter, claiming to be Senators elect from the State of Arkansas. On the 13th of June 1864 a joint resolution for the recognition of the free State government of Arkansas was considered. Mr. Sumner said: *

"William M. Fishback, a citizen of Arkansas, appears before the Senate of the United States, and claims membership therein. He asserts that he has been duly chosen to fill the unexpired term of Senator Sebastian, who was expelled in 1861 for complicity with the rebellion, and he produces a certificate purporting to be signed by the Governor of Arkansas.

"Shall this claimant be admitted to a seat in the Senate? Such is the immediate question. But I have said that there are other questions, of the most far reaching character, which must be considered now and here; for they all enter into the present case. If we now admit the present claimant, we must also now admit that other claimant who has presented himself with like credentials, as a colleague. The question is not, therefore, shall Arkansas have one vote in this Senate? but shall it have two?

"Therefore, sir, I repeat, the decision of the question now before us. rules all the questions which can arise upon the representation of Arkansas in the Congress of the United States, and also the other question of the participation of Arkansas in the election of President and Vice President for the term of four years next ensuing. The importance of such a subject cannot be exaggerated.”

* Congressional Globe, 1st session 38th Congress, page 2890.