abandonment was made not in penitence but merely in
despair of success. It was open to extremists
to argue that the whole seceded area might logically,
as conquered lands, be reduced to a territorial condition,
to be recarved into States at such times and upon such
conditions as should seem proper. But others,
in agreement with the President, insisted that if
no State could lawfully secede, it followed that no
State could lawfully be deprived of statehood.
These persons reinforced their legal argument with
the sentimental one that lenity was the best policy.
As General Grant afterward put it: “The
people who had been in rebellion must necessarily
come back into the Union, and be incorporated as an
integral part of the nation. Naturally the nearer
they were placed to an equality with the people who
had not rebelled, the more reconciled they would feel
with their old antagonists, and the better citizens
they would be from the beginning. They surely
would not make good citizens if they felt that they
had a yoke around their necks.” The question,
in what proportions mercy and justice should be, or
safely could be, mingled, was clearly one of discretion.
In the wide distance betwixt the holders of extreme
opinions an infinite variety of schemes and theories
was in time broached and held. Very soon the
gravity of the problem was greatly enhanced by its
becoming complicated with proposals for giving the
suffrage to negroes. Upon this Mr. Lincoln expressed
his opinion that the privilege might be wisely conferred
upon “the very intelligent, and especially those
who have fought gallantly in our ranks,” though
apparently he intended thus to describe no very large
percentage. Apparently his confidence in the civic
capacity of the negro never became very much greater
than it had been in the days of the joint debates
with Douglas.
Congress took up the matter very promptly, and with
much display of feeling. Early in May, 1864,
Henry Winter Davis, a vehement opponent of the President,
introduced a bill, of which the anti-rebel preamble
was truculent to the point of being amusing.
His first fierce Whereas declared that the
Confederate States were waging a war so glaringly
unjust “that they have no right to claim the
mitigation of the extreme rights of war, which are
accorded by modern usage to an enemy who has a right
to consider the war a just one.” But Congress,
though hotly irritated, was not quite willing to say,
in terms, that it would eschew civilization and adopt
barbarism, as its system for the conduct of the war;
and accordingly it rejected Mr. Davis’s fierce
exordium. The words had very probably only been
used by him as a sort of safety valve to give vent
to the fury of his wrath, so that he could afterward
approach the serious work of the bill in a milder
spirit; for in fact the actual effective legislation
which he proposed was by no means unreasonable.
After military resistance should be suppressed in any
rebellious State, the white male citizens were to