will receive the sanction of
nineteen-twentieths of the loyal people of the country. Men may differ
about the power or the expediency of giving the right of suffrage to the
negro; but how any humane, just and Christian man can for a moment
permit the laws that are on the statute-books of the Southern States
and the laws now pending before their Legislatures, to be executed
upon men whom we have declared to be free, I cannot comprehend."
Mr. Reverdy Johnson replied to Mr. Wilson in a tone of apology for the
laws complained of, but took occasion to give his views of the status
of the States lately in rebellion. "I have now," said Mr. Johnson,
"and I have had from the first, a very decided opinion that they are
States in the Union and that they never could have been placed out of
the Union without the consent of their sister States. The insurrection
terminated, the authority of the Government was thereby re-instituted;
_eo instanti_ they were invested with all the rights belonging to them
originally--I mean as States. . . In my judgment our sole authority for
the acts which we have done during the last four years was the
authority communicated to Congress by the Constitution to suppress
insurrection. If the power can only be referred to that clause, in my
opinion, speaking I repeat with great deference to the judgment of
others, the moment the insurrection was terminated there was no power
whatever left in the Congress of the United States over those States;
and I am glad to see, if I understand his Message, that in the view I
have just expressed I have the concurrence of the President of the
United States."
Mr. Sumner sustained Mr. Wilson's bill in an elaborate argument
delivered on the 20th of December. There was an obvious desire in
both branches of Congress and in both parties--those opposed to the
President's policy and those favoring it--to appeal to the popular
judgment as promptly as possible, and this led to a prolonged and
earnest debate prior to the holidays, an occurrence unusual and almost
unprecedented. Mr. Sumner declared that Mr. Wilson's bill was simply
to maintain and carry out the Proclamation of Emancipation. The pledge
there given was that the Executive Government of the United States,
including the military and naval authority thereof, would recognize
and maintain the freedom of such persons. "This pledge," said Mr.
Sumner, "is without limitation in space or time. It is as extended
and as
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