mplates 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 power to withhold altogether or grant upon the terms
which he shall deem wisest for the public interest. It should be observed
also that this part of the oath is subject to the modifying and abrogating
power of legislation and supreme judicial decision.
The proposed acquiescence of the National Executive in any reasonable
temporary State arrangement for the freed people is made with the view of
possibly modifying the confusion and destitution which must at best attend
all classes by a total revolution of labor throughout whole States. It
is hoped that the already deeply afflicted peopl
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