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."

In his proclamation the President made known that "to all persons who
have directly or by implication participated in the existing rebellion
except as herein after excepted, a full pardon is hereby granted with
restoration of all rights of property except as to slaves, upon
condition that every such person shall take and subscribe an oath, and
thenceforward maintain said oath inviolate," to the following effect:
viz., to "henceforth faithfully support and defend the Constitution and
the Union of the States thereunder," and to abide by all laws and
proclamations "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." Those excepted from the benefits of
the pardon were first the civil and diplomatic officers of the
Confederate Government; second, those who left judicial stations in
the United-States Government to aid the rebellion; third, military
officers of the Confederacy above the rank of colonel, and naval
officers above the rank of lieutenant; fourth, all who left seats in
the Congress of the United States to aid the rebellion; fifth, all
who left the National Army or Navy to aid the rebellion; sixth, all
who had treated colored persons found in the military or naval service
of the United States otherwise than as prisoners of war.

The President was willing to intrust the task of establishing State
governments to a population whose loyalty to the Union should be tested
by taking the prescribed oath, _provided_ that the population should be
sufficiently numerous to cast a vote one-tenth as large as that cast at
the Presidential election of 1860. A government thus established, the
President declared, "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
guarantee to each State a Republican form of government." At the same
time the President was careful to affirm that "whether members sent to
Congress from any State shall be admitted to seats constitutionally
rests exclusively with the respective Houses, and