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down their arms and submitted to the national authority； and without any formal declaration。 During the war； or while the rebellion lasts； it can suspend the civil courts； the civil laws； the State constitutions； any thing necessary to the success of the 343 warand of the necessity the military authorities are the judges； but it cannot abolish； abrogate； or reconstitute them。 On the return of peace they revive of themselves in all their vigor。 The emancipation proclamation of the President； if it emancipated the slaves in certain States and parts of States； and if those whom it emancipated could not be re…enslaved； did not anywhere abolish slavery； or change the laws authorizing it； and if the Government should be sustained by Congress or by the Supreme Court in counting the disorganized States as States in the Union； the legal status of slavery throughout the Union； with the exception of Maryland； and perhaps Missouri； is what it was before the war。*
The Government undoubtedly supposed； in the reconstructions it attempted； that it was acting under the war power； but as reconstruction can never be necessary for war purposes； and as it is in its very nature a work of peace； incapable of being effected by military force； since its validity depends entirely on its being the free action of the territorial people to be reconstructed； the General government had and could have； with regard to it； only its ordinary
* This was the case in August； 1865。 It may be quite otherwise before these pages see the light。
344 peace powers。 Reconstruction is jure pacis； not jure belli。
Yet such illegal organizations； though they are neither States nor State governments； and incapable of being legalized by any action of the Executive or of Congress； may； nevertheless； be legalized by being indorsed or acquiesced in by the territorial people。 They are wrong； as are all usurpations； they are undemocratic； inasmuch as they attempt to give the minority the power to rule the majority； they are dangerous inasmuch as they place the State in the hands of a party that can stand only as supported by the General government； and thus destroy the proper freedom and independence of the State； and open the door to corruption； tend to keep alive rancor and ill feeling； and to retard the period of complete pacification； which might be effected in three months as well as in three years； or twenty years； yet they can become legal； as other governments illegal in their origin become legal； with time and popular acquiescence。 The right way is always the shortest and easiest； but when a government must oftener follow than lead the public； it is not always easy to hit the right way； and still less easy to take it。 The general instincts of the people are right as to the end 345 to be gained； but seldom right as to the means of gaining it； and politicians of the Union party； as well as of the late secession party； have an eye in reconstructing； to the future political control of the State when it is reconstructed。
The secessionists； if permitted to retain their franchise； would； even if they accepted abolition； no doubt re…organize their respective States on the basis of white suffrage； and so would the Unionists； if left to themselves。 There is no party at the South prepared to adopt negro suffrage； and there would be none at the North if the negroes constituted any considerable portion of the population。 As the reconstruction of a State cannot be done under the war power； the General government can no more enfranchise than it can disfranchise any portion of the territorial people； and the question of negro suffrage must be left； where the constitution leaves itto the States severally； each to dispose of it for itself。 Negro suffrage will； no doubt； come in time； as soon as the freedmen are prepared for it； and the danger is that it will be attempted too soon。
It would be a convenience to have the negro vote in the reconstruction of the States disorganized by secession； for it would secure their re…construction with antislavery constitutions； and also 346 make sure of the proposed antislavery amendment to the Constitution of the United States； but there is no power in Congress to enfranchise the negroes in the States needing reconstruction； and； once assured of their freedom； the freedmen would care little for the Union； of which they understand nothing。 They would vote； for the most part； with their former masters； their employers； the wealthier and more intelligent classes； whether loyal or disloyal； for； as a rule； these will treat them with greater personal consideration and kindness than others。 The dislike of the negro； and hostility to negro equality； increase as you descend in the social scale。 The freedmen； without political instruction or experience； who have had no country； no domicile； understand nothing of loyalty or of disloyalty。 They have strong local attachments； but they can have no patriotism。 If they adhered to the Union in the rebellion； fought for it； bled for it； it was not from loyalty； but because they knew that their freedom could come only from the success of the Union arms。 That freedom secured； they have no longer any interest in the Union； and their local attachments； personal associations； habits； tastes； likes and dislikes； are Southern； not Northern。 In any contest between the 347 North and the South； they would take； to a man； the Southern side。 After the taunts of the women； the captured soldiers of the Union found； until nearly the last year of the war； nothing harder to bear； when marched as prisoners into Richmond； than the antics and hootings of the negroes。 Negro suffrage on the score of loyalty； is at best a matter of indifference to the Union； and as the elective franchise is not a natural right； but a civil trust； the friends of the negro should； for the present； be contented with securing him simply equal rights of person and property。
348 CHAPTER XIV。
POLITICAL TENDENCIES。
The most marked political tendency of the American people has been； since 1825； to interpret their government as a pure and simple democracy； and to shift it from a territorial to a purely popular basis； or from the people as the state； inseparably united to the national territory or domain； to the people as simply population； either as individuals or as the race。 Their tendency has unconsciously； therefore； been to change their constitution from a republican to a despotic； or from a civilized to a barbaric constitution。
The American constitution is democratic； in the sense that the people are sovereign that all laws and public acts run in their name； that the rulers are elected by them； and are responsible to them； but they are the people territorially constituted and fixed to the soil； constituting what Mr。 Disraeli； with more propriety perhaps than he thinks； calls a 〃territorial democracy。〃