The Atlantic Monthly, Volume 18, No. 107, September, 1866: A Magazine of Literature, Science, Art, and PoliticsVarious
History
The Atlantic Monthly, Volume 18, No. 107, September, 1866: A Magazine of Literature, Science, Art, and Politics
Various
American periodicals
In the minority Report of the Congressional Joint Committee on
Reconstruction, which is designed to supply the new party with
constitutional law, this theory of State Rights is most elaborately
presented. The ground is taken, that during the Rebellion the States in
which it prevailed were as "completely competent States of the United
States as they were before the Rebellion, and were bound by all the
obligations which the Constitution imposed, and entitled to all its
privileges"; and that the Rebellion consisted merely in a series of
"illegal acts of the citizens of such States." On this theory it is
difficult to find where the guilt of rebellion lies. The States are
innocent because the Rebellion was a rising of individuals; the
individuals cannot be very criminal, for it is on their votes that the
committee chiefly rely to build up the National Union Party. Again, we
are informed that, in respect to the admission of representatives from
"such States," Congress has no right or power to ask more than two
questions. These are: "Have these States organized governments? Are
these governments republican in form?" The committee proceed to say:
"How they were formed, under what auspices they were formed, are
inquiries with which Congress has no concern. The right of the people to
form a government for themselves has never been questioned." On this
principle, President Johnson's labors in organizing State governments
were works of supererogation. At the close of active hostilities the
Rebel States had organized, though disloyal, governments, as republican
in form as they were before the war broke out. The only thing,
therefore, they were required to do was to send their Senators and
Representatives to Washington. Congress could not have rightfully
refused to receive them, because all questions as to their being loyal
or disloyal, and as to the changes which the war had wrought in the
relations of the States they represented to the Union, were inquiries
with which Congress had no concern! And here again we have the
ever-recurring difficulty respecting the "individuals" who were alone
guilty of the acts of rebellion. "The right of the people," we are
assured, "to form a government for themselves, has never been
questioned." But it happens that "the people" here indicated are the
very individuals who were before pointed out as alone responsible for
the Rebellion. In the exercise of their right "to form a government for
themselves," they rebelled; and now, it seems, by the exercise of the
same right, they can unconditionally return. There is no wrong anywhere:
it is all "right." The people are first made criminals, in order to
exculpate the States, and then the innocence of the States is used to
exculpate the people. When we see such outrages on common sense gravely
perpetrated by so eminent a lawyer as the one who drew up the
committee's Report, one is almost inclined to define minds as of two
Public-domain text, read in full here on John Shaqi.
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