The Atlantic Monthly, Volume 16, No. 94, August, 1865: A Magazine of Literature, Art, and PoliticsVarious
General
The Atlantic Monthly, Volume 16, No. 94, August, 1865: A Magazine of Literature, Art, and Politics
Various
American periodicals
But as few or none will be inclined to take the ground that South
Carolina and Georgia exist in the persons who left their soil on the
breaking out of the Rebellion, we are forced back to the conception of
an invisible spiritual soul and essence of a State, surviving its bodily
destruction. But even this abstraction must still, from the point of
view of the Federal constitution, be conceived of as owing allegiance to
the Federal government; and it can confessedly get a new body only by
the exercise of Federal authority. Its leading institution has been
destroyed by Federal power. Its old legislature and governor, who alone,
on State principles, could call a convention of the people, are spotted
all over with treason, and might be hanged as traitors, by the law of
the United States, while engaged in measures to repair the broken unity
of the State life,--a fact which is of itself sufficient to show that
the old State is dead beyond all bodily resurrection. The white
inhabitants who occupy its old geographical limits are defeated Rebels,
and not one can exercise the privilege of voting without taking an oath
which no real "State" prescribes. They are all born again into citizens
by a Federal fiat; they are "pardoned" into voters; they derive their
rights, not from their old charters, but from an act of amnesty. Far
from any discrimination being made between loyal and disloyal, the great
body of both classes are compelled to submit to Federal terms of
citizenship or be disfranchised; and they are called upon, not to revive
the old State, but to make a new one, within the old State lines. And
all this would result from the necessity of the case, even if it were
not made justifiable by the essential sovereignty of the United States,
of which the war-power is but an incident. But if the Federal government
can thus give the white inhabitants, or any portion of them, the right
of suffrage, cannot it confer that right upon the black freedmen? It
will not do, at this stage, to say that the Federal government has no
right to prescribe the qualifications of voters in the States: because,
in the case of the whites, it does and must prescribe them; and
President Johnson has just the same right to say that negroes shall
vote as to say that pardoned Rebels shall vote. The right of States to
decide on the qualifications of its electors applies only to loyal
States; it cannot apply to political communities which have lost by
Rebellion the Federal character of "States," which notoriously have no
legitimate State authority to decide the question of qualification, and
which are now taking the preparatory steps of forming themselves into
States through the agency of provisional Federal governors, directing
voters, constituted such by Federal authority, to elect delegates to a
convention of the people. It is a misuse of constitutional language to
Call North Carolina and Mississippi "States," in the same sense in which
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