d a State government
shall be in the mode prescribed set up, such government shall be
recognized and guaranteed by the United States, and that under it the
State shall, on the constitutional conditions, be protected against
invasion and domestic violence. The constitutional obligation of the
United States to guarantee to every State in the Union a republican form
of government and to protect the State in the cases stated is explicit
and full. But why tender the benefits of this provision only to a State
government set up in this particular way? This section of the Constitution
contemplates a case wherein the element within a State favorable to
republican government in the Union may be too feeble for an opposite
and hostile element external to or even within the State, and such are
precisely the cases with which we are now dealing.

An attempt to guarantee and protect a revived State government,
constructed in whole or in preponderating part from the very element
against whose hostility and violence it is to be protected, is simply
absurd. There must be a test by which to separate the opposing elements,
so as to build only from the sound; and that test is a sufficiently
liberal one which accepts as sound whoever will make a sworn recantation
of his former unsoundness.

But if it be proper to require as a test of admission to the political
body an oath of allegiance to the Constitution of the United States and
to the Union under it, why also to the laws and proclamations in regard to
slavery? Those laws and proclamations were enacted and put forth for the
purpose of aiding in the suppression of the rebellion. To give them their
fullest effect there had to be a pledge for their maintenance. In my
judgment, they have aided and will further aid the cause for which they
were intended. To now abandon them would be not only to relinquish a lever
of power, but would also be a cruel and an astounding breach of faith. I
may add at this point that while I remain in my present position I shall
not attempt to retract or modify the emancipation proclamation, nor
shall I return to slavery any person who is free by the terms of that
proclamation or by any of the acts of Congress. For these and other
reasons it is thought best that support of these measures shall be
included in the oath, and it is believed the Executive may lawfully claim
it in return for pardon and restoration of forfeited rights, which he has
clear constitutional powe