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Military Governors-Lincoln's Theory of Reconstruction -Congressional Election in Louisiana-Letter to Military Governors-Letter to Shepley-Amnesty Proclamation, December 8, 1863-Instructions to BanksBanks's Action in Louisiana-Louisiana Abolishes Slavery-Arkansas Abolishes Slavery-Reconstruction in Tennessee-Missouri Emancipation-Lincoln's Letter to Drake-Missouri Abolishes Slavery-Emancipation in Maryland-Maryland Abolishes Slavery

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O subdue the Confederate armies and establish order under martial law was not the only task before President Lincoln. As rapidly as rebel States or portions of States were occupied by Federal troops, it became necessary to displace usurping Confederate officials and appoint in their stead loyal State, county, and subordinate officers to restore the administration of local civil law under the authority of the United States. In western Virginia the people had spontaneously effected this reform, first by repudiating the Richmond secession ordinance and organizing a provisional State government, and, second, by adopting a new constitution and obtaining admission to the Union as the new State of West Virginia. In Missouri the State convention which refused to pass a secession ordinance effected the same object by establishing a provisional State government. In both these States the whole process of what in subsequent years was comprehensively designated "reconstruction" was carried

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on by popular local action, without any Federal initiative or interference other than prompt Federal recognition and substantial military support and pro

tection.

But in other seceded States there was no such groundwork of loyal popular authority upon which to rebuild the structure of civil government. Therefore, when portions of Tennessee, Louisiana, Arkansas, and North Carolina came under Federal control, President Lincoln, during the first half of 1862, appointed military governors to begin the work of temporary civil administration. He had a clear and consistent constitutional theory under which this could be done. In his first inaugural he announced the doctrine that "the union of these States is perpetual" and "unbroken." His special message to Congress on July 4, 1861, added the supplementary declaration that "the States have their status in the Union, and they have no other legal status." The same message contained the further definition :

"The people of Virginia have thus allowed this giant insurrection to make its nest within her borders; and this government has no choice left but to deal with it where it finds it. And it has the less regret, as the loyal citizens have, in due form, claimed its protection. Those loyal citizens this government is bound to recognize and protect, as being Virginia.”

The action of Congress entirely conformed to this theory. That body admitted to seats senators and representatives from the provisional State governments of West Virginia and Missouri; and also allowed Senator Andrew Johnson of Tennessee to retain his seat, and admitted Horace Maynard and Andrew J. Clements as representatives from the same State, though since their election Tennessee had undergone the usual

secession usurpation, and had as yet organized no loyal provisional government.

The progress of the Union armies was so far checked during the second half of 1862, that Military Governor Phelps, appointed for Arkansas, did not assume his functions; and Military Governor Stanley wielded but slight authority in North Carolina. Senator Andrew Johnson, appointed military governor of Tennessee, established himself at Nashville, the capital, and, though Union control of Tennessee fluctuated greatly, he was able, by appointing loyal State and county officers, to control the administration of civil government in considerable districts, under substantial Federal jurisdiction.

In the State of Louisiana the process of restoring Federal authority was carried on a step farther, owing largely to the fact that the territory occupied by the Union army, though quite limited, comprising only the city of New Orleans and a few adjacent parishes, was more securely held, and its hostile frontier less disturbed. It soon became evident that considerable Union sentiment yet existed in the captured city and surrounding districts, and when some of the loyal citizens began to manifest impatience at the restraints of martial law, President Lincoln in a frank letter pointed the way to a remedy:

"The people of Louisiana," he wrote under date of July 28, 1862, "who wish protection to person and property, have but to reach forth their hands and take it. Let them in good faith reinaugurate the national authority and set up a State government conforming thereto under the Constitution. They know how to do it, and can have the protection of the army while doing it. The army will be withdrawn so soon as such State government can dispense with its presence, and

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the people of the State can then, upon the old constitutional terms, govern themselves to their own liking."

At about this date there occurred the serious military crisis in Virginia; and the battles of the Peninsula, of the second Bull Run, and of Antietam necessarily compelled the postponement of minor questions. But during this period the President's policy on the slavery question reached its development and solution, and when, on September 22, he issued his preliminary proclamation of emancipation, it also paved the way for a further defining of his policy of reconstruction.

That proclamation announced the penalty of military emancipation against all States in rebellion on the succeeding first day of January; but also provided that if the people thereof were represented in Congress by properly elected members, they should be deemed not in rebellion, and thereby escape the penalty. Wishing now to prove the sincerity of what he said in the Greeley letter, that his paramount object was to save the Union, and not either to save or destroy slavery, he wrote a circular letter to the military governors and commanders in Louisiana, Tennessee, and Arkansas, instructing them to permit and aid the people within the districts held by them to hold elections for members of Congress, and perhaps a legislature, State officers, and United States senators.

"In all available ways," he wrote, "give the people a chance to express their wishes at these elections. Follow forms of law as far as convenient, but at all events get the expression of the largest number of the people possible. All see how such action will connect with and affect the proclamation of September 22. Of course the men elected should be gentlemen of character, willing to swear support to the Constitution as of

old, and known to be above reasonable suspicion of duplicity."

But the President wished this to be a real and not a sham proceeding, as he explained a month later in a letter to Governor Shepley:

"We do not particularly need 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; and were I a member of Congress here, I would vote against admitting any such man to a seat.'

Thus instructed, Governor Shepley caused an election to be held in the first and second congressional districts of Louisiana on December 3, 1862, at which members of Congress were chosen. No Federal officeholder was a candidate, and about one half the usual vote was polled. The House of Representatives admitted them to seats after full scrutiny, the chairman of the committee declaring this "had every essential of a regular election in a time of most profound peace, with the exception of the fact that the proclamation was issued by the military instead of the civil governor of Louisiana."

Military affairs were of such importance and absorbed so much attention during the year 1863, both at Washington and at the headquarters of the various armies, that the subject of reconstruction was of necessity somewhat neglected. The military governor of Louisiana indeed ordered a registration of loyal voters,