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constituted, is a body constitutionally Mr. Buchanan, then President of competent to legislate for the whole the United States, admitted at once country, is the most important of all that the Secessionists had done their practical questions. Let us see how work in such a way that, though they the case stands.
had done wrong, the government was The Constitution, ratified by the powerless to compel them to do right. people of all the States, establishes a And here the matter should have restgovernment of sovereign powers, su- ed, if the government established by preme over the whole land, and the
the Constitution was such a governpeople of no State can rightly pass ment as Mr. Johnson's supporters now from under its authority except by the
declare it to be. If it is impotent consent of the people of all the States, to prescribe terms of peace in relawith whom it is bound by the most tion to insurgent States, it is certainly solemn and binding of contracts. The impotent to make war on insurgent Rebel States broke, in fact, the con- States. If insurgent States recover tract they could not break in right. their former constitutional rights in Assembled in conventions of their laying down their arms, then there people, they passed ordinances of se- was no criminality in their taking them cession, withdrew their Senators and up; and if there was no criminality in Representatives from Congress, and their taking them up, then the United began the war by assailing a fort of States was criminal in the war by which the United States. The Secessionists they were forced to lay them down. had trusted to the silence of the Con- On this theory we have a government stitution in relation to the act they incompetent to legislate for insurperformed. A State in the American gent States, because lacking their repUnion, as distinguished from a Terri- resentatives, waging against them a tory, is constitutionally a part of the cruel and unjust war. And this is the government to which it owes allegiance, real theory of the defeated Rebels and and the seceded States had refused to Copperheads who formed the great be parts of the government, and had mass of the delegates to the Johnson forsworn their allegiance.
Convention. Should they get into Constitution, the United States, in cas- power, they would feel themselves logies of “domestic violence" in a State, cally justified in annulling, not only is to interfere, “on application of the all the acts of the “Rump Congress Legislature, or of the Executive when since they submitted, but all the acts the Legislature cannot be convened.” of the Rump Congresses during the But in this case legislatures, execu- time they had a Confederate Congress tives, conventions of the people, were
of their own. They may deny that all violators of the domestic peace, this is their intention ; but what inand of course made no application for tention to forego the exercise of an interference. By the Constitution, Con- assumed right, held by those who are gress is empowered to suppress insur- out of power, can be supposed capable rections; but this might be supposed of limiting their action when they are to mean insurrections like Shays's in ? Rebellion in Massachusetts and the But if the United States is a governWhiskey Insurrection in Pennsylva- ment having legitimate rights of sovernia, and not to cover the action of eignty conferred upon it by the people States seceding from the Congress of all the States, and if, consequently, which is thus empowered. The se- the attempted secession of the people ceders, therefore, felt somewhat as did of one or more States only makes them the absconding James II. when he criminals, without impairing the soverfung the Great Seal into the Thames, eignty of the United States, then the and thought he had stopped the ma- government, with all its powers, remains chinery of the English government. with the representatives of the loyal peo
ple. By the very nature of government without recognizing the validity of treaas government, the rights and privileges son, and without the power or right to guaranteed to citizens are guaranteed to take even the initial steps for State loyal citizens; the rights and privileges reorganization. They were practically guaranteed to States are guaranteed to out of the Union as States; their State loyal States; and loyal citizens and governments had lapsed; their populoyal States are not such as profess lation was composed of Rebels and a willingness to be loyal after having public enemies, by the decision of the been utterly worsted in an enterprise Supreme Court. Under such circumof gigantic disloyalty. The organic stances, how the Commander-in-Chief, unity and continuity of the government under Congress, of the forces of the would be broken by the return of dis- United States could re-create these deloyal citizens and Rebel States without funct States, and make it mandatory their going through the process of be- on Congress to receive their delegates, ing restored by the action of the gov- has always appeared to us one of those ernment they had attempted to subvert; mysteries of unreason which require and the power to restore carries with faculties either above or below humanit the power to decide on the terms of ity to accept. In addition to this fundarestoration. And when we speak of mental objection, there was the further the government, we are not courtly one, that almost all of the delegates enough to mean by the expression sim- were Rebels presidentially pardoned ply its executive branch. The ques- into “loyal men,” were elected with tion of admitting and implicitly of re- the idea of forcing Congress to repeal storing States, and of deciding whether the test oath, and were incapacitated to or not States have a republican form be legislators even if they had been of government, are matters left by the sent from loyal States. The few who Constitution to the discretion of Con- were loyal men in the sense that they gress.
As to the Rebel States now had not served the Rebel government, claiming representation, they have suc- were still palpably elected by constitucumbed, thoroughly exhausted, in one ents who had; and the character of the of the costliest and bloodiest wars in constituency is as legitimate a subject the history of the world, - a war which of Congressional inquiry as the chartasked the resources of the United acter of the representative. States more than they would have been It not being true, then, that the tasked by a war with all the great twenty-two hundred thousand loyal powers of Europe combined,
voters who placed Mr. Johnson in which, in 1862, had assumed such pro- office, and whom he betrayed, have portions, that the Supreme Court de- no means by their representatives in cided that it gave the United States Congress to exert a controlling power the same rights and privileges which in the reconstruction of the Rebel comthe government might exercise in the munities, the question comes up as to case of a national and foreign war. the conditions which Congress has imThe inhabitants of the insurgent States posed. It always appeared to us that being thus judicially declared public the true measure of conciliation, of seenemies as well as Rebels, there would curity, of mercy, of justice, was one seem to be no doubt at all that the vic- which would combine the principle of torious close of actual hostilities could universal amnesty, or an amnesty nearnot deprive the government of the ly universal, with that of universal, or power of deciding on the terms of at least of impartial suffrage. In repeace with public enemies. The gov- gard to amnesty, the amendment to ernment of the United States found the the Constitution which Congress has insurgent States thoroughly revolution, passed disqualifies no Rebels from ized and disorganized, with no State voting, and only disqualifies them from governments which could be recognized holding office when they have hap
pened to add perjury to treason. In amendment. It might even repudiate regard to suffrage, it makes it for the the Federal debt, which is affirmed in political interest of the South to be that amendment. We are so accusjust to its colored citizens, by basing tomed to look at the Rebel debt as . representation on voters, and not on dead beyond all power of resurrection, population, and thus places the indul- as to forget that it amounts, with the gence of class prejudices and hatreds valuation of the emancipated slaves, to under the penalty of a corresponding some four thousand millions of dollars. loss of political power in the Electoral If the South and its Northern DemoCollege and the National House of cratic allies should come into power, Representatives. If the Rebel States there is a strong probability that a should be restored without this amend- measure would be brought in to assume ment becoming a part of the Constitu- at least a portion of this debt, — say tion, then the recent Slave States will two thousand millions. The Southern have thirty Presidential Electors and members would be nearly a unit for asthirty members of the House of Rep- sumption, and the Northern Democratic resentatives in virtue of a population members would certainly be exposed they disfranchise, and the vote of a to the most frightful temptation that Rebel white in South Carolina will car- legislators ever had to resist. Suppose ry with it more than double the pow- it were necessary to buy fifty members er of a loyal white in Massachusetts at a million of dollars apiece, that sum or Ohio. The only ground on which would only be two and a half per cent this disparity can be defended is, that of the whole. Suppose it were neces
one Southerner is more than a sary to give them ten millions apiece, match for two Yankees," he has an in- even that would only be a deduction of herent, continuous, unconditioned right twenty-five per cent from a claim worthto have this superiority recognized at less without their votes. The bribery the ballot - box. Indeed, the injustice might be conducted in such a way as of this is so monstrous, that the John- to elude discovery, if not suspicion, and son orators find it more convenient to the measure would certainly be trumdecry all conditions of representation peted all over the North as the grandest than to meet the incontrovertible rea- of all acts of statesmanlike “conciliasons for exacting the condition which tion,” binding the South to the Union bases representation on voters. Not in indissoluble bonds of interest. The to make it a part of the Constitution amendment renders the conversion of would be, in Mr. Shellabarger's vivid the Rebel debt into the most enormous illustration, to allow “that Lee's vote of all corruption funds an impossibilshould have double the elective power ity. of Grant's ; Semmes's double that of But the character and necessity of Farragut's ; Booth's — did he live the amendment are too well understood double that of Lincoln's, his victim !” to need explanation, enforcement, or
It is also to be considered that these defence. If it, or some more stringent thirty votes would, in almost all future one, be not adopted, the loyal people sessions of Congress, decide the fate will be tricked out of the fruits of the of the most important measures. In war they have waged at the expense of 1862 the Republicans, as Congress is such unexampled sacrifices of treasure now constituted, only had a majority and blood. It never will be adopted of twenty votes. In alliance with the unless it be practically made a condition Northern Democratic party, the South of the restoration of the Rebel States; with these thirty votes might repeal and for the unconditioned restoration the Civil Rights Bill, the principle of of those States the President, through which is embodied in the proposed his most trusted supporters, has indiamendment. It might assume the cated his intention to venture a coup Rebel debt, which is repudiated in that d'état. This threat has failed doubly
of its purpose. The timid, whom it Everywhere in the loyal States there was expected to frighten, it has simply is an uprising of the people only parscared into the reception of the idea alleled by the grand uprising of 1861. that the only way to escape civil war The President's plan of reconstruction is by the election of over a hundred having passed from a policy into a conand twenty Republican Representatives spiracy, his chief supporters are now to the Fortieth Congress. The cour- not so much his partisans as his acageous, whom it was intended to defy, complices ; and against him and his it has only exasperated into more stren- accomplices the people will this autumn uous efforts against the insolent rene- indignantly record the most overwhelmgade who bad the audacity to make it ning of verdicts.
MARSHALL'S PORTRAIT OF ABRAHAM LINCOLN.
THEN we consider the conditions Abraham Lincoln were such as the world
had never seen before. Original, peculiar, line-engraving is attained, the amount and and anomalous, they seemed incapable of quality of artistic knowledge implied, the analysis and classification. years of patient, unwearied application im- While the keen, comprehensive intellect periously demanded, the numerous manual within that broad, grand forehead was strugdifficulties to be overcome, and the tech- gling with the great problems of national nical skill to be acquired, it is not surpris. fate, other faculties of the same organizaing that the names of so few engravers tion, strongly marked in the lower features should be pre-eminent and familiar. of his face, seemed to be making light of
In our own country, at least, the instinct the whole matter. and habit of the people do not favor the His character and the physical expression growth and perfection of an art only pos- of it were unique, and yet made up of the sible under such conditions.
most complex elements ; – simple, yet inSo fully and satisfactorily, however, have comprehensible ; strong, yet gentle ; inflexthese demands been met in Marshall's line- ible, yet conciliating ; human, yet most rare ; engraving of the head of Abraham Lincoln, the strangest, and yet for all in all the most executed after Mr. Marshall's own painting, lovable, character in history. that we are induced to these preliminary To represent this man, to embody these thoughts as much by a sense of national characteristics, was the work prescribed pride as of delight and surprise.
the artist. Instead of being fetters, these Our admiration of the engraving is first contradictions seem to have been incentives due to its value as a likeness ; for it is only to the artist. Justice to himself, as to an when the heart rests from a full and satisfied American who loved Lincoln, and justice contemplation of the face endeared to us all, to the great man, the truest American of that we can regard it for its artistic worth. his time, appear also to have been his in
Mr. Marshall did not need this last ork, spiration. to rank him at the head of American en- Neglected now, this golden opportunity gravers; for his portraits of Washington might be lost forever, and the future be and Fenimore Cooper had done that al- haunted by an ideal only, and never be ready; but it has lifted him to a place with familiarized with the plain, good face we the foremost engravers of the world. knew. For what could the future make
The greatness and glory of his success, in of all these caricatures and uncouth efforts this instance, are to be measured by the in- at portraiture, rendered only more groherent difficulties in the subject itself. tesque when stretched upon the rack of a
The intellectual and physical traits of thousand canvases ? No less a benefactor to art than to humanity is he who shall the distinguishing qualities of his head and deliver the world of these.
heart might be saved to the knowledge The artist has chosen, with admirable of the future; for a rarer exhibition seems judgment, a quiet, restful, familiar phase of impossible of the power of imparting inMr. Lincoln's life, with the social and genial ner spiritual states to outward physical exsentiments of his nature at play, rather than pression. some more impressive and startling hour As a work of art, we repeat, this is beyond of his public life, when a victory was gained, question the finest instance of line-engrav, or an immortal sentence uttered at Gettys. ing yet executed on this continent. Free burg or the Capitol, or when, as the great from carelessness or coarseness, it is yet Emancipator, he walked with his liberated strong and emphatic; exquisitely finished, children through the applauding streets of yet without painful over-elaboration ; with Richmond. It was tempting to paint him no weary monotony of parallel lines to fill as President, but triumphant to represent a given space, and no unrelieved masses him as a man.
of shade merely because here must the Though the face is wanting in the crown- shadow fall. ing glory of the dramatic, the romantic, the As a likeness, it is complete and final. picturesque, - elements so fascinating to Coming generations will know Abraham an artist, we still feel no loss in the ab. Lincoln by this picture, and will tenderly sence of these ; for Mr. Marshall has found and lovingly regard it ; for all that art could abundant material in the rich and varied do to save and perpetuate this lamented qualities that Mr. Lincoln did possess, and man has here been done. What it lacks, has treated them with the loftier sense of art is incapable to express; what it has justice and truth. He has employed no lost, memory is powerless to restore. adventitious agencies to give brilliancy or There is, at least, some temporary sol. emphasis to any salient point in the char- ace to a bereaved country in this, - that so acter of the man he portrays; he has much has been saved from the remorseless treated Mr. Lincoln as he found him ; demands of Death ; though the old grief he has interpreted him as he would have will ever come back to its still uncomfortinterpreted himself; in inspiration, in exe- ed heart, when it turns to that tomb by the cution, and in result, he thought of none Western prairie, within whose sacred si. other, he labored for none other, he has lence so much sweetness and kindly symgiven us none other, than simple, honest pathy and unaffected love have passed Abraham Lincoln.
away, and the strange pathos, that we Were all the biographies and estimates could not understand, and least of all reof the President's character to be lost, it move, has faded forever from thosc sorrowwould seem as if, from this picture alone,
REVIEWS AND LITERARY NOTICES.
Six Months at the White House with and last, he was subjected to very critical
Abraham Lincoln. The Story of a Pico examination by the valet-spirit throughout ture. By F. B. CARPENTER. New York: the world; and he seems to have passed Hurd and Houghton.
it triumphantly, for all our native valets,
North and South, as well as those of the THE grandeur which can survive prox- English press, have long since united in imity was peculiarly Abraham Lincoln's. honoring him. Had that great and simple hero had a We see him in this book of Mr. Carpenvalet, – it is hard to conceive of him as so ter's to that advantage which perfect un. attended, - he must still have been a hero affectedness and sincerity can never lose. even to the eye grown severe in dusting It is certainly a very pathetic figure, howclothes and brushing shoes. Indeed, first ever, that the painter presents us, and not