otect 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 people in those
States may be somewhat more ready to give up the cause of their
affliction if to this extent this vital matter be left to themselves,
while no power of the National Executive to prevent an abuse is abridged
by the proposition.
The suggestion in the proclamation as to mai
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