elect a convention for the purpose of reestablishing
a state government. The new organization must
disfranchise prominent civil and military officers
of the Confederacy, establish the permanent abolition
of slavery, and prohibit the payment by the new State
of any indebtedness incurred for Confederate purposes.
After Congress should have expressed its assent to
the work of the convention, the President was to recognize
by proclamation the reorganized State. This bill,
of course, gave to the legislative department the
whole valuable control in the matter of recognition,
leaving to the President nothing more than the mere
empty function of issuing a proclamation, which he
would have no right to hold back; but in other respects
its requirements were entirely fair and unobjectionable,
from any point of view, and it finally passed the House
by a vote of 74 to 59. The Senate amended it,
but afterward receded from the amendment, and thus
the measure came before Mr. Lincoln on July 4, 1864.
Congress was to adjourn at noon on that day, and he
was at the Capitol, signing bills, when this one was
brought to him. He laid it aside. Zachariah
Chandler, senator from Michigan, a dictatorial gentleman
and somewhat of the busybody order, was watchfully
standing by, and upon observing this action, he asked
Mr. Lincoln, with some show of feeling, whether he
was not going to sign that bill. Mr. Lincoln
replied that it was a “matter of too much importance
to be swallowed in that way.” Mr. Chandler
warned him that a veto would be very damaging at the
Northwest, and said: “The important point
is that one prohibiting slavery in the reconstructed
States.” “This is the point,”
said Mr. Lincoln, “on which I doubt the authority
of Congress to act.” “It is no more
than you have done yourself,” said the senator.
“I conceive,” replied Mr. Lincoln, “that
I may in an emergency do things on military grounds
which cannot be done constitutionally by Congress.”
A few moments later he remarked to the members of
the cabinet: “I do not see how any of us
now can deny and contradict what we have always said:
that Congress has no constitutional power over slavery
in the States.... This bill and the position
of these gentlemen seem to me, in asserting that the
insurrectionary States are no longer in the Union,
to make the fatal admission that States, whenever
they please, may of their own motion dissolve their
connection with the Union. Now we cannot survive
that admission, I am convinced. If that be true,
I am not President; these gentlemen are not Congress.
I have laboriously endeavored to avoid that question
ever since it first began to be mooted.... It
was to obviate this question that I earnestly favored
the movement for an amendment to the Constitution
abolishing slavery.... I thought it much better,
if it were possible, to restore the Union without
the necessity for a violent quarrel among its friends
as to whether certain States have been in or out of
the Union during the war,—a merely metaphysical
question, and one unnecessary to be forced into discussion."[58]
So the bill remained untouched at his side.