A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
History
A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
Johnson, Andrew, 1808-1875; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
The full assertion of the powers of the General Government requires the
holding of circuit courts of the United States within the districts
where their authority has been interrupted. In the present posture of
our public affairs strong objections have been urged to holding those
courts in any of the States where the rebellion has existed; and it was
ascertained by inquiry that the circuit court of the United States would
not be held within the district of Virginia during the autumn or early
winter, nor until Congress should have "an opportunity to consider and
act on the whole subject." To your deliberations the restoration of
this branch of the civil authority of the United States is therefore
necessarily referred, with the hope that early provision will be made
for the resumption of all its functions. It is manifest that treason,
most flagrant in character, has been committed. Persons who are charged
with its commission should have fair and impartial trials in the highest
civil tribunals of the country, in order that the Constitution and the
laws may be fully vindicated, the truth clearly established and affirmed
that treason is a crime, that traitors should be punished and the
offense made infamous, and, at the same time, that the question may be
judicially settled, finally and forever, that no State of its own will
has the right to renounce its place in the Union.
The relations of the General Government toward the 4,000,000 inhabitants
whom the war has called into freedom have engaged my most serious
consideration. On the propriety of attempting to make the freed-men
electors by the proclamation of the Executive I took for my counsel the
Constitution itself, the interpretations of that instrument by its
authors and their contemporaries, and recent legislation by Congress.
When at the first movement toward independence, the Congress of the
United States instructed the several States to institute governments of
their own, they left each State to decide for itself the conditions for
the enjoyment of the elective franchise. During the period of the
Confederacy there continued to exist a very great diversity in the
qualifications of electors in the several States, and even within a
State a distinction of qualifications prevailed with regard to the
officers who were to be chosen. The Constitution of the United States
recognizes these diversities when it enjoins that in the choice of
members of the House of Representatives of the United States "the
electors in each State shall have the qualifications requisite for
electors of the most numerous branch of the State legislature." After
the formation of the Constitution it remained, as before, the uniform
usage for each State to enlarge the body of its electors according to
its own judgment, and under this system one State after another has
proceeded to increase the number of its electors, until now universal
suffrage, or something very near it, is the general rule. So fixed was
Public-domain text, read in full here on John Shaqi.
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