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been but one straight-forward and unswerving course, and I see no reason why I should depart from it.

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"I hold it as a solemn obligation in any one of these States where the rebel armies have been driven back or expelled I care not how small the number of Union men, if enough to man the ship of State — I hold it, I say, a high duty to protect and secure to them a republican form of government. This is no new opinion. In adjust

ing and putting the government upon its legs again, I think the progress of this work must pass into the hands of its friends. If a State is to be nursed until it again gets strength, it must be nursed by its friends, and not smothered by its enemies."1 To this delegation he declared himself not less opposed to consolidation than to dissolution and disintegration. In a brief reply on the same day to a deputation from Ohio he added nothing of value to these observations, and on the 24th of April he addressed in a similar strain a body of exiles from the South.

"The colored American asks but two things," said the spokesman of a negro delegation about the same time, "that he have, first, complete emancipation, and secondly, full equality before American law." To this the President replied, among other things, that he feared leading colored men did not "understand and appreciate the fact that they have friends on the south side of the line. They have, and they are as faithful and staunch as any north of the line. It may be a very easy thing, indeed popular, to be an emancipationist north of the line, but a very different thing to be such south of it. South of it, it costs a man effort, property, and perhaps life." 2

Two months later, June 24, in replying to a South Carolina committee, he said in part: ' McPherson's Pol. Hand-Book, 1868, pp. 45-46. 'Ann. Cycl., 1865, pp. 801-802.

an address of "The friction

of the rebellion has rubbed out the nature and character of slavery. The loyal men who were compelled to bow and submit to the rebellion should, now that the rebellion is ended, stand equal to loyal men everywhere. Hence the wish of reconstruction, and the trying to get back the States to the point at which they formerly moved in perfect harmony." He reminded them that as an institution slavery was gone, and said there was no hope that the people of South Carolina would be admitted into either the Senate or the House of Representatives until by their conduct they had afforded evidence of this truth. In their circumstances the true policy was to restore the State government, not through military rule, but by the action of the people.1

Desiring to relieve all loyal citizens and well-disposed persons from unnecessary trade restrictions, and to encourage a return to peaceful pursuits, the President removed, April 29, 1865, the interdict on all domestic and coastwise intercourse in that portion of the late Confederate States east of the Mississippi and within the lines of national military occupation. From this order, however, certain named articles contraband of war were excepted. Military and naval regulations in conflict with his proclamation were revoked. On May 22 following he announced that ports in the same district would be reopened to foreign commerce after July 1, 1865, though certain places in Texas were still denied this privilege.

The insurrection hitherto existing in Tennessee was declared at an end on June 13, 1865. The authority of the United States, this Proclamation asserted, was unquestioned within the limits of that commonwealth, and duly commissioned Federal officials were in undisturbed exercise of their functions. All disabilities attaching to the State and its inhabitants were therefore removed; but nothing contained in 'Ann. Cycl., 1865, p. 802.

the order was to be construed as affecting any of the penalties and forfeitures for treason which had previously been incurred.

Ten days later, June 23, the blockade of Galveston and other ports beyond the Mississippi was rescinded. These were to be opened to foreign trade on the 1st of July succeeding. It was ordered, August 29, 1865, that after September 1 all restrictions upon internal, domestic and coastwise commerce be removed, so that even articles contraband of war might be imported into and sold in the late insurgent States, the necessity for prohibiting intercourse in those articles having in great measure ceased.

In an order dated May 9, 1865, the President declared null and void all acts and proceedings of the military and civil organizations of Virginia which had been in rebellion against the General Government; also that all persons who should exercise or attempt to exercise any authority, jurisdiction or right under Jefferson Davis, and his confederates, or under John Letcher or William Smith,1 and their confederates, or any pretended commission or authority issued by them, or any of them, since April 17, 1861, would be deemed and taken as in rebellion against the United States, and dealt with accordingly. By the same order the authority of the United States was revived within the geographical limits known as Virginia, and the heads of the several Executive Departments were instructed to enforce therein all Federal laws the administration of which belonged to their respective offices.

To carry into effect the constitutional guaranty of a republican form of government and "afford the advantage and security of domestic laws, as well as to complete the reestablishment of the authority of the laws of the United States, and the full and complete restoration of peace within the limits aforesaid, Francis H. Pierpont, Governor of the State of 1 Letcher and Smith were Governors of Virginia during the war.

Virginia," was assured of such assistance from the Federal authorities as was believed necessary in any lawful measures that he might adopt for extending the State government throughout that Commonwealth.1

The Secretary of the Treasury was directed to nominate without delay assessors of taxes and collectors of customs and internal revenue, and such other officers of his Department as were authorized by law, to execute the revenue laws of the United States. Preference in making appointments was to be given to qualified loyal residents of the districts in which their respective duties were to be performed; but if suitable persons could not be found residing there, then citizens of other States or districts should be named.

In the matter of appointments similar instructions were given to the Postmaster-General, who was empowered to establish post offices and post routes, and to enforce the postal laws of the United States in the State of Virginia.

The heads of the remaining Executive Departments, State, War, Navy and Interior, were likewise ordered to enforce the acts of Congress pertaining to their respective offices. The judge of the United States District Court for Virginia was directed to hold courts in that Commonwealth, while it was made the duty of the Attorney-General to instruct the proper officers to libel and bring to judgment, confiscation and sale, property subject to confiscation, and to provide for the administration of justice within the said State in all matters of which the Federal courts had cognizance.

It was this recognition of his government, and this assurance of support, that induced Mr. Pierpont less than three weeks afterward to remove his capital from Alexandria. An account of this event as well as of the nature of the Governor's duties in his enlarged jurisdiction, has been anticipated. In recognizing Mr. Pierpont as Governor of Virginia, 'McPherson's Pol. Hand-Book, 1868, p. 8.

President Johnson merely concluded to retain for reconstruction what had already been accomplished by the loyal minority of that Commonwealth. Nor is it easy to perceive why, by rejecting what had been done, he should have increased the difficulties of a situation even then sufficiently complicated. While military governor of Tennessee he had executed, and, so far as appears, without remonstrance, all the measures recommended by Mr. Lincoln, so that when he succeeded to the Presidency he was to some extent committed to the policy of his predecessor. He preserved his consistency by endeavoring to maintain that system in which he had formerly acquiesced, and in sustaining the reconstructed governments of Louisiana, Arkansas, Tennessee and Virginia it is somewhat hazardous to affirm that he acted unwisely. More than this the adherents of President Lincoln could not reasonably have expected. Mr. Johnson was not, however, required by any consideration of moment to apply that mode of restoration to the seven remaining States; nor is it by any means certain that he had a legal right to do so. With President Lincoln the problem was to preserve the Union. To effect that object he believed it necessary to institute loyal governments, and his action in so doing appears to have been clearly within his powers as Commander-in-Chief. Had his course been unwise or even prejudicial to national interests, the reorganization of those States was still a legitimate war measure to which his discretion undoubtedly extended. When Andrew Johnson became President, however, the nature of the problem had greatly changed, for even though no proclamation had yet announced the termination of the Rebellion, hostilities had entirely ceased before he issued the first of his orders on reconstruction. It was only by something like a legal fiction, therefore, that the war powers could longer be exercised. It is believed that his failure to recognize the different circumstances was an error of judgment. The danger of a renewal

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