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adopt it, that the Reconstruction Acts were the legitimate offspring of that necessity. That the negro soldiers helped to win the war is not proof that the war would have failed without them, or that the necessary price of their valor was suffrage for all the men of their race, the bulk of whom were not capable of understanding it; or that such suffrage was necessary to the preservation of the Union. Oratory, inside or outside of Congress, is not historical proof. Directing attention to my idea of the undoing of Reconstruction he maintains: Mr. Lynch's statement that the failure of Reconstruction was due to unwise judicial interpretation need not be considered. It is anachronistic and does not agree with the views now generally accepted by historical students. But what he says of the infidelity of Waite and Bradley can be refuted directly from the Supreme Court Reports. As to the appointment of these justices, there is no evidence that it was because of any specially strong nationalistic position on their part. Bradley, if chosen for any particular views, got the justiceship because of his attitude on legal tender; and the conditions under which Waite was appointed do not show up any such bias on his part. In U. S. _v._ Reese the court stood seven to two; and the dissentients were Clifford, a Democrat, and Hunt, appointed by Grant. In U. S. _v._ Harris (the Ku Klux decision) Woods delivered the decision. Harlan alone dissented and only on the question of jurisdiction. The bench at that time held two judges appointed by Lincoln, two by Grant, two by Hayes, one by Garfield, and two by Arthur. The Civil Rights Cases decision was delivered by Bradley. Harlan was the only dissenter. These were the three important Reconstruction decisions during the term of Waite and Bradley. All of them were delivered after Reconstruction had failed. On the other hand, Bradley delivered the opinion in Ex parte Siebold, in which the federal election laws were upheld, and Field and Clifford were the only ones who disagreed with it. In the first place, I frankly confess that what I have written and shall write in defense of the reconstructed governments at the South has been and will be of very little value if it were conceded that the acts accredited to the men to whom I have ref
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