III. THEORY OF THE CONSTITUTION AND COMMON SENSE.

Reconstruction, then, must come, as the Union came, by the action of the

people within the territorial limits of each recreant State. That it

will so come is, in a manner, assured and made certain by the action of

Kentucky, Missouri, Virginia, and Tennessee. Surely, we cannot expect

the political action of an oppressed minority, in any one of the rebel

States, to anticipate the National forces sent for their deliverance.

The armed combinations in those States have overborne all opposition,

and, during the past two years, have wielded the complete powers of a

military despotism. The Southern confederacy is a monstrous usurpation

in each and every rebel State. The United States is intent on dethroning

that usurpation, for the purpose of restoring, to every man who asks it,

the rights guaranteed to him by the Constitution of his fathers; and for

the equal purpose of asserting its rightful powers as the National

Government under the Constitution. The present Administration, then, has

taken the only course possible to be taken without open and flagrant

violation of the Constitution, which is the sole and sufficient warrant

for the war. For this course Abraham Lincoln is entitled to the

gratitude of the people. His conscientious policy has been the salvation

of the Republic, maintaining its integrity against armed rebellion, on

the one hand, and, on the other hand, saving it from destructives whose

zeal in a noble cause has often blinded their minds to the higher claims

of the Nation: in whose existence, nevertheless, that cause alone has

promise of success.

But, it is asked, does not rebellion affect the institution of slavery?

Not as a State institution, so far as the municipal law of any State is

concerned. That the slaves of rebels may properly be confiscated, as

other property, seems not only reasonable and right, but also in

accordance with well-settled decisions of the Supreme Court. Moreover,

the Constitution gives to Congress the power to prescribe the punishment

of treason, and undoubtedly the Supreme Court will hold the Confiscation

Act under that power to be constitutional and valid.

But does not the Emancipation Proclamation operate to confer freedom on

all slaves within the rebel States? This question must likewise be

brought to the Supreme Court for adjudication. If the Proclamation can

be shown to have the qualities of a legislative act, doubtless it will

operate as a statute of freedom to all slaves within the districts named

in it. But it must be remembered that the Executive cannot make law. The

Proclamation, as an edict of the military commander, can only operate

upon the condition of such slaves as are in a position to take advantage

of its terms. As such military edict, therefore, it might be of no force

outside of the actual military lines of the United States armies.

But the fact of freedom to many thousands of slaves by reason of this

war, and the inevitable speedy breaking down of the institution of

slavery as one of the consequences to slaveholders of their mad folly,

are beyond dispute, and assure us of the wise Providence of Him who

maketh even the wrath of man to praise Him, and the remainder of wrath

He will restrain.

The Continental Monthly, Vol. 4, No. 6, December 1863 Devoted to Literature and National Policy · 第 33 / 80 题